[House Report 113-593]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-593
======================================================================
NORTHERN NEVADA LAND CONSERVATION AND ECONOMIC DEVELOPMENT ACT
_______
September 15, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 5205]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5205) to authorize certain land conveyances
involving public lands in northern Nevada to promote economic
development and conservation, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northern Nevada Land
Conservation and Economic Development Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Addition to National Wilderness Preservation System.
Sec. 104. Administration.
Sec. 105. Release of wilderness study areas.
Sec. 106. Wildlife management.
Sec. 107. Land exchanges.
Sec. 108. Native American cultural and religious uses.
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
Sec. 201. Short title; table of contents.
Sec. 202. Land conveyance to Yerington, Nevada.
Sec. 203. Addition to National Wilderness Preservation System.
Sec. 204. Withdrawal.
Sec. 205. Native American cultural and religious uses.
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
Sec. 401. Definitions.
Sec. 402. Conveyance of certain Federal land to City of Fernley,
Nevada.
Sec. 403. Release of United States.
TITLE V--RESTORING STOREY COUNTY ACT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Conveyance of Federal land in Storey County, Nevada.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
Sec. 601. Short title.
Sec. 602. Definition of Secretary.
Subtitle A--Elko Motocross Land Conveyance
Sec. 611. Definitions.
Sec. 612. Conveyance of land to Elko County.
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada (Elko Band)
Sec. 621. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada (Elko Band).
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
Sec. 701. Short title.
Sec. 702. Transfer of Department of the Interior land.
Sec. 703. Water rights.
Sec. 704. Withdrawal.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pine Forest Range Recreation
Enhancement Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Humboldt County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Proposed
Pine Forest Range Wilderness Area'' and dated October 28, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the Pine
Forest Range Wilderness designated by section 103(a).
SEC. 103. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal
land managed by the Bureau of Land Management, as generally depicted on
the Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Pine Forest Range
Wilderness''.
(b) Boundary.--
(1) Road access.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 100 feet from
the edge of the road.
(2) Road adjustments.--The Secretary shall--
(A) reroute the road running through Long Meadow to
the west to remove the road from the riparian area;
(B) reroute the road currently running through Rodeo
Flat/Corral Meadow to the east to remove the road from
the riparian area;
(C) except for administrative use, close the road
along Lower Alder Creek south of Bureau of Land
Management road #2083;
(D) manage the access road, through Little Onion
Basin, on the east side of the wet meadow to retain
travel only on the road existing on the date of the
enactment of this Act; and
(E) permanently leave open the Cove Creek road to
Little Onion Basin, but close connecting spur roads.
(3) Little onion basin.--Remove Little Onion Basin from the
boundaries of the Wilderness and from wilderness designation.
(4) Reservoir access.--The access road to the Little Onion
Reservoir dam will remain open and the boundary of the
Wilderness shall be 160 feet downstream from the dam at Little
Onion Reservoir to allow public access and dam maintenance.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the Wilderness is
withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 104. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective date
of that Act shall be considered to be a reference to the date
of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the Wilderness, if
established before the date of enactment of this Act, is compatible
with the Wilderness designation and shall continue, subject to such
reasonable regulations, policies, and practices as the Secretary
considers to be necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Adjacent Management.--
(1) In general.--Congress does not intend for the designation
of the Wilderness to create a protective perimeter or buffer
zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen, heard, or detected from areas
within the Wilderness shall not preclude, limit, control,
regulate or determine the conduct or management of the
activities or uses outside the boundary of the Wilderness.
(d) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military overflights that can be seen,
heard, or detected within the Wilderness;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Wilderness.
(e) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may take such measures in the Wilderness as are necessary for
the control of fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of the activities with a
State or local agency).
(f) Wildfire Management Operations.--Nothing in this Act shall be
construed to preclude a Federal, State, or local agency from conducting
wildfire management or prevention operations (including operations
using aircraft or mechanized equipment) or to interfere with the
authority of the Secretary to authorize mechanical thinning of trees or
underbrush to prevent or control the spread of wildfires or the use of
mechanized equipment for wildfire pre-suppression and suppression.
(g) Water Rights.--
(1) Purpose.--The purpose of this subsection is to protect
the wilderness recreation value of the land designated as
wilderness by this title by means other than a federally
reserved water right.
(2) Statutory construction.--Nothing in this title--
(A) constitutes an express or implied reservation by
the United States of any water or water rights with
respect to the Wilderness;
(B) affects any water rights in the State (including
any water rights held by the United States) in
existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation
made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the Wilderness.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term
``water resource facility'' means irrigation
and pumping facilities, reservoirs, water
conservation works, aqueducts, canals, ditches,
pipelines, wells, hydropower projects,
transmission and other ancillary facilities,
and other water diversion, storage, and
carriage structures.
(ii) Exclusion.--In this paragraph, the term
``water resource facility'' does not include
wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this title, on or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the Wilderness, any
portion of which is located in the County.
SEC. 105. RELEASE OF WILDERNESS STUDY AREAS.
(a) In General.--The Blue Lakes and Alder Creek wilderness study
areas not designated as wilderness by section 103(a) have been
adequately studied for wilderness character and wilderness designation
pursuant to section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782) and are no longer subject to any requirement
pertaining to the management of wilderness or wilderness study areas,
including the approximately 990 acres in the following locations:
(1) Lower Adler Creek Basin.
(2) Little Onion Basin.
(3) Lands east of Knott Creek reservoir.
(4) Portions of Corral Meadow and the Blue Lakes trailhead.
(b) Release.--Any public land described in subsection (a) that is not
designated as wilderness by this Act--
(1) is no longer subject to--
(A) section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) Secretarial Order 3310 issued on December 22,
2010;
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712); and
(B) cooperative conservation agreements in existence
on the date of enactment of this Act; and
(3) shall be subject to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 106. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the Wilderness
Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes
the jurisdiction of the State with respect to fish and wildlife
management, including the regulation of hunting, fishing, and trapping,
in the Wilderness.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the Wilderness that
are necessary to maintain or restore fish and wildlife populations and
the habitats to support those populations, if the activities are
carried out--
(1) consistent with relevant wilderness management plans; and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior
and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), including the occasional and temporary
use of motorized vehicles if the use, as determined by
the Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness recreation with the minimal impact
necessary to reasonably accomplish those tasks,
including but not limited to, the hunting or culling of
wildlife and access for persons with disabilities.
(c) Existing Activities.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of the
report of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide water
for wildlife in the Wilderness.
(d) Emergency Closures.--Nothing in this title prohibits a Federal
land management agency from establishing or implementing emergency
closures or restrictions of the smallest practicable area to provide
for public safety, resource conservation, national security, or other
purposes as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, but no longer than one
year, unless converted to a permanent closure consistent with Federal
statute.
(e) Memorandum of Understanding.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by
the Secretary and the State; and
(B) subject to all applicable laws (including
regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered to
be a reference to the Pine Forest Range Wilderness.
SEC. 107. LAND EXCHANGES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means Federal
land in the County that is identified for disposal by the
Secretary through the Winnemucca Resource Management Plan.
(2) Non-federal land.--The term ``non-Federal land'' means
land identified on the Map as ``non-Federal lands for
exchange''.
(b) Acquisition of Land and Interests in Land.--Consistent with
applicable law and subject to subsection (c), the Secretary may
exchange the Federal land for non-Federal land.
(c) Conditions.--Each land exchange under subsection (a) shall be
subject to--
(1) the condition that the owner of the non-Federal land pay
not less than 50 percent of all costs relating to the land
exchange, including the costs of appraisals, surveys, and any
necessary environmental clearances; and
(2) such additional terms and conditions as the Secretary may
require.
(d) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section be completed by not
later than 5 years after the date of enactment of this Act.
SEC. 108. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty rights of any
Indian tribe (as defined in section 204 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the ``Lyon County Economic Development and
Conservation Act''.
SEC. 202. LAND CONVEYANCE TO YERINGTON, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Yerington,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in Lyon County and Mineral County, Nevada, that is
identified on the map as ``City of Yerington Sustainable
Development Conveyance Lands''.
(3) Map.--The term ``map'' means the map entitled ``Yerington
Land Conveyance'' and dated December 19, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Conveyances of Land to City of Yerington, Nevada.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, subject to valid existing rights and
notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the
City, subject to the agreement of the City, all right, title,
and interest of the United States in and to the Federal land
identified on the map.
(2) Appraisal to determine fair market value.--The Secretary
shall determine the fair market value of the Federal land to be
conveyed--
(A) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in
accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisition; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(4) Applicable law.--Beginning on the date on which the
Federal land is conveyed to the City, the development of and
conduct of activities on the Federal land shall be subject to
all applicable Federal laws (including regulations).
(5) Costs.--As a condition of the conveyance of the Federal
land under paragraph (1), the City shall pay--
(A) an amount equal to the appraised value determined
in accordance with paragraph (2); and
(B) all costs related to the conveyance, including
all surveys, appraisals, and other administrative costs
associated with the conveyance of the Federal land to
the City under paragraph (1).
SEC. 203. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Lyon County, Nevada.
(2) Map.--The term ``map'' means the map entitled ``Wovoka
Wilderness Area'' and dated December 18, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the
approximately 47,449 acres to be known as the Wovoka Wilderness
designated by subsection (b)(1).
(b) Addition to National Wilderness Preservation System.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
managed by the Forest Service, as generally depicted on the
Map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
``Wovoka Wilderness''.
(2) Boundary.--The boundary of any portion of the Wilderness
that is bordered by a road shall be 150 feet from the
centerline of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of the Wilderness.
(B) Effect.--The map and legal description prepared
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the
Secretary may correct any clerical and typographical
errors in the map or legal description.
(C) Availability.--Each map and legal description
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Forest Service.
(4) Withdrawal.--Subject to valid existing rights, the
Wilderness is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(c) Administration.--
(1) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act.
(2) Livestock.--The grazing of livestock in the Wilderness,
if established before the date of enactment of this Act, shall
continue, subject to such reasonable regulations, policies, and
practices as the Secretary considers to be necessary, in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (House Report 101-405).
(3) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen, heard, or
detected from areas within the Wilderness shall not
preclude, limit, control, regulate, or determine the
conduct of the activities or uses outside the boundary
of the Wilderness.
(4) Overflights.--Nothing in this section restricts or
precludes--
(A) low-level overflights of aircraft over the
Wilderness, including military overflights that can be
seen, heard, or detected within the Wilderness;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Wilderness.
(5) Wildfire, insect, and disease management.--In accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures in the
Wilderness that the Secretary determines to be necessary for
the control of fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of the
activities with a State or local agency.
(6) Water rights.--
(A) Purpose.--The purpose of this paragraph is to
protect the wilderness values of the Wilderness by
means other than a federally reserved water right.
(B) Statutory construction.--Nothing in this
paragraph--
(i) constitutes an express or implied
reservation by the United States of any water
or water rights with respect to the Wilderness;
(ii) affects any water rights in the State
(including any water rights held by the United
States) in existence on the date of enactment
of this Act;
(iii) establishes a precedent with regard to
any future wilderness designations;
(iv) affects the interpretation of, or any
designation made under, any other Act; or
(v) limits, alters, modifies, or amends any
interstate compact or equitable apportionment
decree that apportions water among and between
the State and other States.
(C) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in
order to obtain and hold any water rights not in
existence on the date of enactment of this Act with
respect to the Wilderness.
(D) New projects.--
(i) Definition of water resource facility.--
(I) In general.--In this
subparagraph, the term ``water resource
facility'' means irrigation and pumping
facilities, reservoirs, water
conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower
projects, transmission and other
ancillary facilities, and other water
diversion, storage, and carriage
structures.
(II) Exclusion.--In this
subparagraph, the term ``water resource
facility'' does not include wildlife
guzzlers.
(ii) Restriction on new water resource
facilities.--
(I) In general.--Except as otherwise
provided in this section, on or after
the date of enactment of this Act,
neither the President nor any officer,
employee, or agent of the United States
shall fund, assist, authorize, or issue
a license or permit for the development
of any new water resource facility
within the Wilderness, any portion of
which is located in the County.
(II) Exception.--If a permittee
within the Bald Mountain grazing
allotment submits an application for
the development of water resources for
the purpose of livestock watering by
the date that is 10 years after the
date of enactment of this Act, the
Secretary shall issue a water
development permit within the non-
wilderness boundaries of the Bald
Mountain grazing allotment for the
purposes of carrying out activities
under paragraph (2).
(d) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
Wilderness.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities in the
Wilderness that are necessary to maintain or restore fish and
wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management
plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as those set
forth in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (House Report 101-
405), including the occasional and temporary
use of motorized vehicles and aircraft, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values with the minimal
impact necessary to reasonably accomplish those
tasks, including but not limited to, the
hunting or culling of wildlife and access for
persons with disabilities.
(3) Existing activities.--Consistent with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance
with appropriate policies such as those set forth in Appendix B
of House Report 101-405, the State may continue to use
aircraft, including helicopters, to survey, capture,
transplant, monitor, and provide water for wildlife populations
in the Wilderness.
(4) Emergency closures.--Nothing in this title prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the smallest
practicable area to provide for public safety, resource
conservation, national security, or other purposes as
authorized by law. Such an emergency closure shall terminate
after a reasonable period of time, unless converted to a
permanent closure consistent with Federal statute.
(5) Memorandum of understanding.--The State, including a
designee of the State, may conduct wildlife management
activities in the Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding: Intermountain Region USDA Forest Service
and the Nevada Department of Wildlife State of Nevada''
and signed by the designee of the State on February 6,
1984, and by the designee of the Secretary on January
24, 1984, including any amendments, appendices, or
additions to the agreement agreed to by the Secretary
and the State or a designee; and
(B) subject to all applicable laws (including
regulations).
(e) Wildlife Water Development Projects.--Subject to subsection (c),
the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects (including guzzlers) in the Wilderness if--
(1) the structures and facilities will, as determined by the
Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations;
and
(2) the visual impacts of the structures and facilities on
the Wilderness can reasonably be minimized.
SEC. 204. WITHDRAWAL.
(a) Definition of Withdrawal Area.--In this section, the term
``Withdrawal Area'' means the land administered by the Forest Service
and identified as ``Withdrawal Area'' on the map described in section
203(a)(2).
(b) Withdrawal.--Subject to valid existing rights, all Federal land
within the Withdrawal Area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral laws, geothermal leasing laws,
and mineral materials laws.
(c) Motorized and Mechanical Vehicles.--
(1) In general.--Subject to paragraph (2), use of motorized
and mechanical vehicles in the Withdrawal Area shall be
permitted only on roads and trails designated for the use of
those vehicles, unless the use of those vehicles is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(2) Exception.--Paragraph (1) does not apply to aircraft
(including helicopters).
SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty rights of any
Indian tribe (as defined in section 204 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
SEC. 301. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF CARLIN, NEVADA.
(a) Definitions.--In this title:
(1) City.--The term ``City'' means the City of Carlin,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1329 acres of land located in the City of Carlin,
Nevada, that is identified on the map as ``Carlin Selected
Parcels''.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Carlin, Nevada Land Sales'' map dated October 25, 2013.
(b) Conveyance Required.--Subject to valid existing rights and
notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the
Federal land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States to
and in the Federal land.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Costs.--At closing for the conveyance authorized under subsection
(b) the City shall pay or reimburse the Secretary, as appropriate, for
the reasonable transaction and administrative personnel costs
associated with the conveyance authorized under such subsection,
including the costs of title searches, maps, and boundary and cadastral
surveys.
(e) Release of United States.--Upon making the conveyance under
subsection (b), notwithstanding any other provision of law, the United
States is released from any and all liabilities or claims of any kind
or nature arising from the presence, release, or threat of release of
any hazardous substance, pollutant, contaminant, petroleum product (or
derivative of a petroleum product of any kind), solid waste, mine
materials or mining related features (including tailings, overburden,
waste rock, mill remnants, pits, or other hazards resulting from the
presence of mining related features) on the Federal land in existence
on or before the date of the conveyance.
(f) Withdrawal.--Subject to valid existing rights, the Federal land
identified for conveyance shall be withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral materials
and geothermal leasing laws.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
SEC. 401. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the City of Fernley,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in the City of Fernley, Nevada, that is identified as
``Proposed Sale Parcels'' on the map.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Fernley, Nevada, Land Sales'' and dated January 25, 2013.
SEC. 402. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY,
NEVADA.
(a) Conveyance Authorized.--Subject to valid existing rights and
notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the
Federal land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States to
and in the Federal land.
(b) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(c) Reservation of Easements and Rights-of-Way.--The City and the
Bureau of Reclamation may retain easements or rights-of-way on the
Federal land to be conveyed, including easements or rights-of-way that
the Bureau of Reclamation determines are necessary to carry out--
(1) the operation and maintenance of the Truckee Canal
Irrigation District Canal; or
(2) the Newlands Project.
(d) Costs.--At closing for the conveyance authorized under subsection
(a), the City shall pay or reimburse the Secretary, as appropriate, for
the reasonable transaction and administrative personnel costs
associated with the conveyance authorized under such subsection,
including the costs of title searches, maps, and boundary and cadastral
surveys.
SEC. 403. RELEASE OF UNITED STATES.
Upon making the conveyance under section 402, notwithstanding any
other provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
on the Federal land in existence on or before the date of the
conveyance.
TITLE V--RESTORING STOREY COUNTY ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Restoring Storey County Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Storey County, Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1,745 acres of Federal land identified on the map
as ``BLM Owned - County Request Transfer''.
(3) Map.--The term ``map'' means the map titled ``Restoring
Storey County Act'' and dated November 20, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Land Management.
SEC. 503. CONVEYANCE OF FEDERAL LAND IN STOREY COUNTY, NEVADA.
Subject to valid existing rights and notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later
than 180 days after the date of the enactment of this Act and if
requested by the County, the Secretary shall convey to the County, by
quitclaim deed, all surface rights of the United States in and to the
Federal land, including any improvements thereon. All costs associated
with the conveyance under this section shall be the responsibility of
the Bureau of Land Management.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Elko Motocross and Tribal Conveyance
Act''.
SEC. 602. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of the
Interior, acting through the Bureau of Land Management.
Subtitle A--Elko Motocross Land Conveyance
SEC. 611. DEFINITIONS.
In this subtitle:
(1) County.--The term ``county'' means the county of Elko,
Nevada.
(2) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated April 19, 2013.
SEC. 612. CONVEYANCE OF LAND TO ELKO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights and the provisions of
this section, if requested by the county the Secretary shall convey to
the county, without consideration, all right, title, and interest of
the United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 275 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as generally depicted on the
map as ``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor error
in the map or the legal description.
(3) Availability.--The map and legal description shall be on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this subtitle
shall be used only as a motocross, bicycle, off-highway vehicle, or
stock car racing area, or for any other public purpose consistent with
uses allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county to
pay all survey costs and other administrative costs necessary for the
preparation and completion of any patents for, and transfers of title
to, the land described in subsection (b).
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada (Elko Band)
SEC. 621. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA (ELKO BAND).
(a) In General.--Subject to valid existing rights, all right, title,
and interest of the United States in and to the land described in
subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Te-moak Tribe of Western Shoshone
Indians of Nevada (Elko Band) (referred to in this subtitle as
the ``Tribe''); and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 373 acres of land administered by the Bureau of Land
Management, as generally depicted on the map as ``Expansion Area''.
(c) Map.--The term ``map'' means the map entitled ``Te-moak Tribal
Land Expansion'', dated April 19, 2013. This map shall be on file and
available for public inspection in the appropriate offices of the
Bureau of Land Management.
(d) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
(e) Use of Trust Land.--
(1) Gaming.--Land taken into trust under subsection (a) shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) General uses.--
(A) In general.--The Tribe shall use the land taken
into trust under subsection (a) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit
of the Tribe; or
(iii) residential or recreational
development.
(B) Other uses.--If the Tribe uses any portion of the
land taken into trust under subsection (a) for a
purpose other than a purpose described in subparagraph
(A), the Tribe shall pay to the Secretary an amount
that is equal to the fair market value of the portion
of the land, as determined by an appraisal.
(3) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities on
the land that is beneficial to the Tribe and the Bureau of Land
Management.
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Naval Air Station Fallon Housing and
Safety Development Act''.
SEC. 702. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior shall transfer to the
Secretary of the Navy, without reimbursement, the Federal land
described in subsection (b).
(b) Description of Federal Land.--The Federal land referred to in
subsection (a) is the parcel of approximately 400 acres of land under
the jurisdiction of the Secretary of the Interior that--
(1) is adjacent to Naval Air Station Fallon in Churchill
County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV-943-4214-
10; N-37875).
(c) Management.--On transfer of the Federal land described under
subsection (b) to the Secretary of the Navy, the Secretary of the Navy
shall have full jurisdiction, custody, and control of the Federal land.
SEC. 703. WATER RIGHTS.
(a) Water Rights.--Nothing in this title shall be construed--
(1) to establish a reservation in favor of the United States
with respect to any water or water right on lands transferred
by this title; or
(2) to authorize the appropriation of water on lands
transferred by this title except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
SEC. 704. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be transferred
under section 702 is withdrawn from all forms of appropriation under
the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, so long as the land remains under the
administrative jurisdiction of the Secretary of the Navy.
PURPOSE OF THE BILL
The purpose of H.R. 5205 is to authorize certain land
conveyances involving public lands in northern Nevada to
promote economic development and conservation.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5205 is the product of lengthy negotiations with the
Nevada Congressional delegation, which further refined a
compilation of Northern Nevada bills approved by the Natural
Resources Committee in January 2014, or Committee Print 113-1.
Committee Print 113-1 was never introduced as a bill as the
affected stakeholders and the Nevada delegation requested
changes to reflect a broader compromise. H.R. 5205 combines
seven bills addressing federal land issues in northern Nevada
and will provide a more balanced or complimentary approach to
the proposed wilderness designations included in the package.
This compilation of northern Nevada land bills is titled the
Northern Nevada Land Conservation and Economic Development Act.
The bill is comprised of modified versions of: the Pine
Forest Range Recreation Enhancement Act of 2013 (H.R. 433) as
Title I; the Lyon County Economic Development and Conservation
Act (H.R. 696) as Title II; the Carlin Economic Self-
Determination Act (H.R. 1168) as Title III; the Fernley
Economic Self-Determination Act (H.R. 1170) as Title IV; the
Restoring Storey County Act (H.R. 1167) as Title V; the first
two titles of the Nevada Native Nations Lands Act (H.R. 2455 or
S. 1167) as Title VI; and the Naval Air Station Fallon Housing
and Safety Development Act (H.R. 1169) as Title VII. Again,
each of these titles exclusively addresses land issues in
northern Nevada and prescribes the preferred or best use,
management or appropriate designation of the land, or addresses
or resolves long-standing issues within the affected federal
lands.
Title I--Pine Forest Range Recreation Enhancement Act (H.R. 433)
Title I consists of the text of H.R. 433, introduced by
Congressman Mark E. Amodei (R-NV), is a wilderness bill that is
the result of a grassroots work product. H.R. 433 would
designate 26,000 acres of land in northwest Nevada as the Pine
Forest Range Wilderness, encompassing the bulk of the Blue Lake
and Alder Creek Wilderness Study Areas. In addition, the bill
includes two private land exchanges that increase the size of
the wilderness proposal by an estimated 1,539 acres, with
another 1,600 acres of public land recommended for inclusion.
Title I of H.R. 5025 is supported by a 100% consensus among the
working group, the Nevada congressional delegation, a unanimous
vote by the Humboldt County Commission and resolutions of
support from the Nevada Association of Counties, the State
Assembly, and the State Senate and numerous others.
In 1977, the Bureau of Land Management (BLM) began an
initial inventory of nearly 49 million acres of federal land
within Nevada. In 1979, BLM concluded that 34 million of those
acres did not warrant official designation as wilderness areas
pursuant to the Wilderness Act of 1964. BLM divided the
remaining 15 million acres into extensive inventory units,
resulting in the designation of 110 wilderness study areas
(WSAs) in Nevada covering 5.1 million acres.
Between 1980 and 1991, each WSA was analyzed and studied
through 17 environmental impact statements (EISs) to evaluate
the level of impact on wilderness values, mineral and energy
resources, recreational off-road vehicle use, maintenance and
construction of livestock developments, vegetative manipulation
projects, woodland product harvesting and wildlife concerns.
Each WSA was further evaluated with regard to its
representative contribution to the National Wilderness
Preservation System, its proximity to population centers, its
manageability and its social and economic impact. Each WSA was
also subjected to public scrutiny, with the public
participating in the review of each EIS through public
meetings, workshops, open houses, mailings, map reviews and
written comments.
In 1991, BLM completed a wilderness study report which
contained recommendations for each of the 110 WSAs in Nevada.
It called for the designation of 1.9 million acres as
wilderness and the release of 3.2 million acres in all or
portions of 52 WSAs. The report was sent to the Secretary of
the Interior in October 1991 and eventually to the President
and Congress.
Congress, which has the sole authority to designate
wilderness areas and is not held to a set period within which
it must designate any of those areas, has yet to act on the
recommendations of BLM. Absent Congressional action, WSAs are
managed as if they are wilderness areas.
The Blue Lake and Alder Creek WSAs cover 20,508 and 5,142
acres, respectively, in the Pine Forest area of Humboldt
County, Nevada. In August 2009, the Board of County
Commissioners of Humboldt County commissioned a new WSA review
process, and the Pine Forest Wilderness Study Area Working
Group, representing sportsmen, off-highway vehicle users,
ranchers, the Humboldt County Administrator, the Nevada
Department of Wildlife, guides and outfitters, wilderness
advocates, and mining interests was established. The Working
Group was created to evaluate the Blue Lake and Alder Creek
WSAs and to make findings and develop recommendations for the
Board of County Commissioners of Humboldt County to forward to
the Nevada Congressional delegation.
The Pine Forest Wilderness Study Area Working Group held
several work sessions and formal field trips before making
findings and developing recommendations for the Board of County
Commissioners. This work resulted in the findings and
legislative language in H.R. 433.
This text was approved by the Full Natural Resources
Committee in January 2014 as Title I of Committee Print 113-1.
Title II--Lyon County Economic Development and Conservation Act (H.R.
696)
Title II, the text of H.R. 696, introduced by Congressman
Steven A. Horsford (D-NV), mandates the fair market sale of
approximately 10,200 acres of public land to the City of
Yerington for recreation, economic development, and open space
purposes. The purchase of these lands will allow the City of
Yerington to annex the Pumpkin Hollow Mine site (operated by
Nevada Copper), sell utility services to the mine operation,
benefit from taxes paid by the mine, and allow the City to grow
economically and benefit from greatly needed recreation,
cultural and economic development lands. The development
agreement between the City and Nevada Copper will insure that
the company leaves behind resources and assets that will
provide sustainable economic growth for the City when the
mining subsides. This will provide economic enhancement for
decades at no cost to the American taxpayer.
The legislation also designates approximately 47,449 acres
of U.S. Forest Service land as the Wovoka Wilderness, which is
located in the South Pine Grove Hills. The land was identified
as part of a local consultation process in an effort to advance
the land purchase proposal by making it more palatable to
conservation proponents.
The City of Yerington, in Lyon County, Nevada, has an
unemployment rate hovering around 15 percent, the highest
unemployment rate in the State of Nevada. The conveyance of the
federal land under Title II of H.R. 5205 will help the City and
County to grow and provide additional tax revenue. The
industrial and commercial development of the federal land would
create thousands of long-term, high-paying jobs for the City
and County.
For over five years, the City of Yerington and Lyon County,
Nevada, have been working with private business partners to
develop a sustainable development plan that would enable all
parties to benefit from the use of private land adjacent to
Yerington for potential commercial and industrial development,
mining activities, recreation opportunities, and the expansion
of community and cultural events. The sustainable development
plan requires the conveyance of certain federal land
administered by BLM to the City at fair market value. The
federal land to be conveyed to the City has very few
environmental, historical, wildlife, or cultural resources of
value to the public, but is appropriate for responsible
development. The federal land that would be conveyed is
adjacent to the City limits and would be used to enhance
recreational, cultural, commercial, and industrial development
opportunities in the City. It would also provide critical
infrastructure services and benefit future economic development
and regional use, and serve as an open space buffer to the
City. The commercial and industrial development of the federal
land will enable the community to benefit from the
transportation, power, and water infrastructure that would be
put in place with the concurrent development of commercial and
industrial operations.
A version of the bill without the wilderness component
passed the House of Representatives in the 112th Congress as
Title IX of H.R. 2578, and with the wilderness component was
included as Title II of Committee Print 113-1.
Title III--Carlin Economic Self-Determination Act (H.R. 1168)
Title III consists of the text of H.R. 1168, introduced by
Congressman Mark E. Amodei (R-NV), and would convey, without
consideration and subject to valid existing rights,
approximately 1,329 acres of BLM lands to the City of Carlin,
Nevada. The lands surround the City, and BLM would be required
to convey the land within 180 days. The federal government
would also be released from any liabilities related to the
property following the conveyance.
With thriving mining and transportation industries, in
addition to the numerous support businesses, the City of
Carlin, Nevada, is in the midst of an economic recovery. The
significant growth and expanding businesses in the area is
creating a demand for more space for commercial, residential
and other economic development purposes.
BLM controls significant tracts of land in and around
Carlin. Without access to these lands for housing and business
expansion, the ongoing economic development and long-term
prosperity of the community could be curtailed. Title III of
H.R. 5205 will provide the essential space for expansion and
allow for the continued economic growth of the city.
The text of Title III was favorably reported by the
Committee by unanimous consent on September 20, 2013 (H. Rpt.
113-220), and was included as Title III of Committee Print 113-
1.
Title IV--Fernley Economic Self-Determination Act (H.R. 1170)
Title IV consists of the text of H.R. 1170, introduced by
Congressman Mark E. Amodei (R-NV), which would convey to the
City of Fernley, Nevada, without consideration, approximately
9,407 acres of BLM and Bureau of Reclamation land (BLM = 8,603
acres and Reclamation = 804 acres) within the City boundaries
at fair market value for future economic development, public
use and open space. The City of Fernley and the Bureau of
Reclamation will be able to retain easements or rights-of-way
on the conveyed lands for the operation and maintenance of the
Truckee Irrigation District Canal and the Newlands Project. The
bill also releases the federal government from any liabilities
related to the property following the conveyance.
Since its incorporation in 2001, the City of Fernley,
Nevada, has been working with private business and state and
federal agencies on a long-term, sustainable economic
development plan. This plan requires the conveyance of BLM and
Reclamation lands within the City for commercial and industrial
development, agriculture activities, recreation opportunities,
and community and cultural events. The City of Fernley would
also benefit from the transportation, power and water
infrastructure that will be put in place with the concurrent
development of commercial and industrial operations on those
lands.
The text of Title IV was favorably reported by the
Committee on December 16, 2013 (H. Rpt. 113-297), and was
included as Title IV of Committee Print 113-1.
Title V--Restoring Storey County Act (H.R. 1167)
Title V consists of the text of H.R. 1167, introduced by
Congressman Mark E. Amodei (R-NV), which would convey, subject
to valid existing rights, approximately 1,745 surface acres of
BLM lands to Virginia City in Storey County, Nevada.
BLM owns real property in Storey County in the State of
Nevada. While the real property is under the jurisdiction of
the Secretary of the Interior, some of the real property has
been occupied for decades by individuals who took possession by
purchase or other documented and putatively legal transactions.
Their continued occupation, however, constitutes a trespass on
the title held by the federal government.
As a result of the confused and conflicting ownership
claims spanning more than a century, the real property is
difficult, if not impossible, to manage under the BLM's
multiple use policies and is a continuing source of friction
and unease between the federal government and local residents.
Conveying the surface acreage will promote administrative
efficiency and effectiveness and resolve the long-standing
title dispute.
This text was included as Title V of Committee Print 113-1
following a Subcommittee on Public Lands and Environmental
Regulation hearing on October 3, 2013.
Title VI--Elko Motocross and Tribal Conveyance Act (H.R. 2455)
Title VI consists of the text of Title I of H.R. 2455,
introduced by Congressman Mark E. Amodei (R-NV), which conveys
approximately 275 acres of BLM-managed lands to Elko County,
Nevada, for a public motocross park. The conveyance would be
subject to valid existing rights and the County would pay all
administrative costs associated with the transfer. The bill
also provides that approximately 373 acres of BLM-managed lands
be held in trust for the benefit of the Te-Moak Tribe of
Western Shoshone Indians. The legislation provides that if the
Tribe uses the land for purposes other than those identified in
the bill, the Tribe would pay the Secretary of the Interior
fair market value for the land.
The legislation represents both tribal trust and land
conveyance provisions that represent years of cooperative
efforts and discussions between the Te-Moak Tribe of Western
Shoshone Indians of Nevada, the City of Elko, the County of
Elko, and BLM.
These lands are adjacent to an existing parcel of the Elko
Colony. The Elko Colony, approximately 190 non-contiguous acres
near the City of Elko, is one of four separate colonies
inhabited by the Te-Moak Tribe of Western Shoshone Indians. The
population of the Elko Band of the Te-Moak Tribe has grown
steadily but their land base has remained unchanged for many
years. The additional land is needed for housing and community
development.
This text was included as Title VI of Committee Print 113-
1, and was also ordered favorably reported by the Committee on
June 19, 2014.
Title VII--Naval Air Station Fallon Housing and Safety Development Act
(H.R. 1169)
Title VII consists of the text of H.R. 1169, introduced by
Congressman Mark E. Amodei (R-NV), which would direct the
Secretary of the Interior to transfer approximately 400 acres
of BLM land in Churchill County, Nevada, to the Secretary of
the Navy for housing and continued use by Naval Air Station
Fallon.
This legislation was favorably reported by the Committee on
June 17, 2013, and was included in the House-passed National
Defense Authorization bill for 2014. It was also included in
the House-passed National Defense Authorization bill for fiscal
year 2015.
The 400 acres of BLM land to be transferred is adjacent to
Naval Air Station Fallon in Churchill County, Nevada. The
acreage in question was withdrawn from the operation of the
public land laws for 20 years under a 1991 Public Land Order.
The withdrawal was to provide the base with acreage for housing
and a safety arc for an explosive ordinance handling facility.
The housing was never constructed due to the limited length of
the withdrawal. The 400 acres to be transferred would continue
to be used by Naval Air Station Fallon as a safety arc for an
explosive ordinance handling facility and to construct the
much-needed family housing.
This text was favorably reported by the Committee on June
17, 2013 (H. Rpt. 113-111), and was included as Title VII of
Committee Print 113-1.
COMMITTEE ACTION
H.R. 5205 was introduced on July 25, 2014, by Congressman
Mark E. Amodei (R-NV) and was referred to the Committee on
Natural Resources. On July 30, 2014, the Natural Resources
Committee met to consider the bill. Congressman Rob Bishop (R-
UT) offered an amendment designated #1 to the bill; the
amendment was adopted by voice vote. No further amendments were
offered, and the bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 5205--Northern Nevada Land Conservation and Economic Development
Act
Summary: H.R. 5205 would require the Bureau of Land
Management (BLM) to convey certain federal lands in Nevada to
other government entities. The bill also would designate 73,500
acres as wilderness. Finally, the bill would require the
Secretary of the Interior to take certain lands into trust for
the benefit of the Te-moak Tribe. Based on information provided
by the affected agencies and assuming appropriation of the
necessary amounts, CBO estimates that implementing the bill
would cost less than $500,000. In addition, CBO estimates that
enacting H.R. 5205 would increase offsetting receipts, which
are treated as reductions in direct spending, by $2 million in
2015; therefore, pay-as-you-go procedures apply. Enacting the
legislation would not affect revenues.
H.R. 5205 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Conveyances of federal land authorized in the bill would
benefit cities and counties in Nevada. Any costs to those
entities would be incurred voluntarily as conditions of land
conveyances. The Te-moak Tribe of the Western Shoshone Indians
of Nevada would benefit from federal land being taken into
trust by the federal government on their behalf.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
Title I, Pine Forest Range Recreation Enhancement Act
Title I would designate 26,000 acres of land in northwest
Nevada as the Pine Forest Range Wilderness. The bill also would
authorize the Secretary of the Interior to conduct certain land
exchanges. Based on information provided by BLM, CBO estimates
that implementing title I would have no significant effect on
the federal budget.
The acreage to be added to the National Wilderness
Preservation System is currently administered by BLM. CBO
estimates that no additional resources would be required to
manage the affected lands as a result of the new designation.
Based on information provided by BLM, CBO expects that certain
road modifications required under title I will be made under
current law Finally, we expect that any costs to revise
brochures, maps, and signs would be minimal because most such
revisions would take place in conjunction with scheduled
reprinting and routine maintenance.
In addition, title I would give the Secretary of the
Interior the discretion to make certain land exchanges in
accordance with an existing resource management plan. Because
the Secretary can use existing authorities to complete those
land exchanges, CBO expects that any exchanges conducted under
the bill will also occur under current law, and thus we
estimate that the provision would have no budgetary impact.
Finally, CBO estimates that enacting title I would not
affect offsetting receipts because the affected lands are
already managed for conservation purposes and are not expected
to generate any income in the future.
Title II, Lyon County Economic Development and Conservation Act
Title II would require the Secretary of the Interior to
sell, at fair market value, roughly 10,000 acres of federal
lands to the city of Yerington, Nevada. Title II also would
designate about 47,500 acres in Nevada as wilderness.
Under the bill, the city of Yerington would be required to
pay fair market value for the federal lands it acquires. Based
on information provided by BLM regarding the appraised value of
the affected lands, CBO estimates that proceeds from the sale
would total $2 million in 2015. Those amounts would be
deposited in the U.S. Treasury as offsetting receipts. Because
the bill would require the city to pay any administrative costs
associated with the sale, CBO estimates that completing the
land sale would not affect discretionary spending.
Title II also would add 47,500 acres to the National
Wilderness Preservation System and withdraw those lands from
programs to develop mineral and geothermal resources. Because
the affected lands are already protected for conservation and
wilderness values, CBO estimates that implementing title II
would have no significant effect on the cost of administering
those lands. We also expect that any costs to modify existing
maps and other materials would be minimal Finally, because the
affected lands currently produce no income (and are not
expected to do so in the figure), we estimate that enacting
title II would not affect offsetting receipts.
Title III, Carlin Economic Self-Determination Act
Title III would require the Secretary of the Interior to
convey, without consideration, about 1,400 acres of federal
land in Nevada to the city of Carlin. Under the bill, the city
would be required to pay for any administrative costs
associated with the conveyance. In addition, because the
affected lands currently produce no income (and are not
expected to do so in the future), we estimate that enacting
title III would not affect offsetting receipts.
Tile IV, Fernley Economic Self-Determination Act
Title IV would direct the Secretary of the Interior to
convey, without consideration, up to 9,400 acres of federal
land to the city of Fernley, Nevada. Under the bill, the city
would be required to pay for any administrative costs
associated with the conveyance. In addition, because the
affected lands currently produce no income (and are not
expected to do so in the future), we estimate that enacting
title III would not affect offsetting receipts.
Title V, Restoring Storey County Act
Title V would require BLM to convey, without consideration,
1,745 acres of federal land to Storey County in Nevada. Because
the bill would require BLM to cover any administrative costs
associated with the conveyance, CBO estimates that implementing
title V would cost less than $500,000. That estimate is based
on information from the agency and assumes appropriation of the
necessary amounts. In addition, because the affected lands are
expected to generate receipts for the federal government in the
future, CBO estimates that conveying those lands would reduce
offsetting receipts; however, we estimate that any effects
would be minimal.
Title VI, Elko Motocross and Tribal Conveyance Act
Title VI would require the Secretary of the Interior to
convey, without consideration, 275 acres of federal land in
Nevada to Elko County. Title VI also would require the
Department of the Interior to take 373 acres of land currently
administered by BLM into trust for the benefit of the Te-moak
Tribe. Under the bill, the city would be required to pay for
any administrative costs associated with the conveyance. In
addition, because the affected lands are expected to generate
receipts for the federal government in the future, CBO
estimates that conveying those lands would reduce offsetting
receipts; however, we estimate that any effects would be
minimal.
Title VII, Naval Air Station Fallon Housing and Safety Development Act
Title VII would require the Secretary of the Interior to
transfer administrative jurisdiction over 400 acres of land to
the Secretary of the Navy. Those lands would be used by the
Navy as a housing area. Under current law, the affected lands
are subject to a temporary 3 right-of-way that allows the Navy
to use those lands for military purposes. Because CBO expects
that those lands would not generate any receipts over the next
10 years, we estimate that enacting title VII would not affect
direct spending. In addition, because those lands are already
managed by the federal government, we estimate that
implementing title VII would not increase federal costs.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The changes in outlays that are subject to pay-as-
you-go procedures are shown in the following table.
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5205, THE NORTHERN NEVADA LAND CONSERVATION AND ECONOMIC DEVELOPMENT ACT, AS ORDERED
REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 30, 2014
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By fiscal year, in millions of dollars--
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2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact...................... 0 -2 0 0 0 0 0 0 0 0 0 -2 -2
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Previous CBO estimates: On June 7, 2013, CBO transmitted a
cost estimate for S. 342, the Pine Forest Range Recreation
Enhancement Act of 2013, as ordered reported by the Senate
Committee on Energy and Natural Resources on May 16, 2013.
Title I contains provisions similar to those in S. 342, and the
estimated costs are the same.
On June 26, 2013, CBO transmitted a cost estimate for S.
159, the Lyon County Economic Development and Conservation Act,
as ordered reported by the Senate Committee on Energy and
Natural Resources on June 18, 2013. Title II contains
provisions similar to those in S. 159, and the estimated costs
are the same.
On September 11, 2013, 030 transmitted a cost estimate for
H.R. 1168, a bill to direct the Secretary of the Interior,
acting through the Bureau of Land Management, to convey to the
City of Carlin, Nevada, in exchange for consideration, all
right, title, and interest of the United States, to any federal
land within that city that is under the jurisdiction of that
agency, and for other purposes, as ordered reported by the
House Committee on Natural Resources on July 31, 2013. Title
III contains provisions similar to those in H.R. 1168; however,
under H.R. 1168, the city would be required to pay fair market
value for the affected lands. The CBO cost estimates for those
provisions reflect that difference.
On November 14, 2013, CBO transmitted a cost estimate for
H.R. 1170, a bill to direct the Secretary of the Interior,
acting through the Bureau of Land Management and the Bureau of
Reclamation, to convey, by quitclaim deed, to the city of
Fernley, Nevada, all right, title, and interest of the United
States, to any federal land within that city that is under the
jurisdiction of either of those agencies, as ordered reported
by the House Committee on Natural Resources on July 31, 2013.
Title IV contains provisions similar to those in H.R. 1170;
however, under H.R. 1170, the city would be required to pay
fair market value for the affected lands. The CBO cost
estimates for those provisions reflect that difference.
On May 31, 2013, CBO transmitted a cost estimate or H.R.
1169, the Naval Air Station Fallon Housing and Safety
Development Act, as ordered reported by the House Committee on
Natural Resources on May 15, 2013. Title VII contains provision
similar to those in H.R. 1169, and the estimated costs are the
same.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Melissa Merrell; Impact
on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the affected agencies and assuming appropriation of the
necessary amounts, CBO estimates that implementing the bill
would cost less than $500,000 subject to appropriation. In
addition, CBO estimates that enacting H.R. 5205 would increase
offsetting receipts, which are treated as reductions in direct
spending, by $2 million in 2015.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize certain land conveyances
involving public lands in northern Nevada to promote economic
development and conservation.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.