[Senate Report 113-68]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 122
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-68

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         MULTISPECIES HABITAT CONSERVATION PLAN IMPLEMENTATION

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 757]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 757) to provide for the implementation of 
the multispecies habitat conservation plan for the Virgin 
River, Nevada, and Lincoln County, Nevada, to extend the 
authority to purchase certain parcels of public land, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 757 is to amend Public Law 99-548 to 
provide for the implementation of the multispecies habitat 
conservation plan for the Virgin River in Nevada, and to extend 
the authority to purchase certain parcels of public land in 
Mesquite, Nevada.

                          Background and Need

    The Mesquite Lands Act of 1986 (Public Law 99-548) has 
provided the City of Mesquite, Nevada, the exclusive right to 
purchase certain Federal land in eastern Clark County, Nevada, 
under the jurisdiction of the Bureau of Land Management (BLM). 
The rights include the option to purchase lands at fair market 
value for a period of twelve years, which expired on November 
21, 2011.
    The City of Mesquite, located between Las Vegas and St. 
George, Utah, was one of the fastest growing cities in the 
country during the 1990s. Because it is mostly landlocked by 
public lands, the 1986 legislation was amended to allow the 
city to purchase additional lands for economic development. In 
addition to identifying lands for sale, an amendment Public Law 
107-282 provides that a portion of the proceeds from the sale 
of certain parcels be deposited in an account established under 
the Southern Nevada Public Land Management Act of 1998.
    In addition to paying for the BLM's costs to convey land to 
the City of Mesquite, the Act also provides that the funds be 
made available ``for the development of a multispecies habitat 
conservation plan for the Virgin River in Clark County, Nevada, 
including any associated groundwater monitoring plan.'' This 
included a mandate that the city participate in the development 
of a Habitat Conservation and Recovery Plan and a Hydrologic 
Monitoring and Mitigation Plan along the Virgin River.
    The habitat conservation plan was established to provide a 
mechanism for Federal and non-Federal entities to work 
collaboratively to protect and conserve imperiled species in 
the Lower Virgin River Basin. The hydrologic plan provides for 
monitoring to assure the Virgin River is not adversely affected 
by the extraction of groundwater for new development.
    While the amendment language in Public Law 107-282 allowed 
for the ``development'' of these plans, it inadvertently 
omitted ``implementation'' of these plans. Other land acts, 
such as Southern Nevada Public Lands Management Act and the 
Lincoln and White Pine County Lands Acts, clearly state that 
funds shall be expended on both development and implementation 
of multi-species habitat conservation plans that are associated 
with new development in their respective areas.
    As the authority for the city to purchase further lands and 
access the funds expired on November 21, 2011, legislation is 
needed to implement both the habitat conservation and 
hydrologic monitor plans. It is also necessary to give more 
time for the Federal Aviation Administration (FAA) to complete 
its ongoing evaluation for a replacement airport under lands 
authorized in a 1999 amendment (Public Law 106-133).

                          Legislative History

    S. 757 was introduced by Senator Heller on April 16, 2013. 
A hearing was held on S. 757 by the Subcommittee on Public 
Lands, Forests and Mining on April 25, 2013. At its business 
meeting on May 16, 2013 the Committee ordered the bill 
favorably reported without amendment.
    In the 112th Congress, similar legislation was introduced 
by Senator Heller, S. 1473. The Subcommittee on Public Lands 
and Forests held a hearing on S. 1473 on March 22, 2012 (S. 
Hrg. 112-642). Also in the 112th Congress, similar legislation, 
H.R. 2745, was introduced by Rep. Joseph Heck. H.R. 2745 was 
reported favorably, with amendments, by the House Natural 
Resources Committee on February 29, 2012.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 757.

                      Section-by-Section Analysis

    Section 1 provides the short title, ``Multispecies Habitat 
Conservation Plan Implementation Act''.
    Section 2(a) inserts language authorizing the Secretary of 
the Interior to use funds for the implementation of a 
multispecies habitat conservation plan for the Virgin River in 
Clark County Nevada under section 4(e)(1)(C) of the Southern 
Nevada Public Land Management Act of 1998 (112 Stat. 2345). 
Previous language only authorized the Secretary to use funds 
for development purposes.
    Subsection (b) inserts language authorizing the Secretary 
of the Interior to use funds for the implementation of a 
multispecies habitat conservation plan for Lincoln County, 
Nevada. Previous language only authorized the Secretary to use 
funds for development purposes.
    Section 3(1) strikes sunset provisions in paragraphs (1), 
(3), and (5) and extends them to November 29, 2021.
    Paragraph (2) strikes the twelve year sunset provision and 
extends it to November 29, 2021.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 757--Multispecies Habitat Conservation Plan Implementation Act

    S. 757 would give the city of Mesquite, Nevada, the 
exclusive right to purchase certain federal lands administered 
by the Bureau of Land Management (BLM). The bill also would 
authorize BLM and the U.S. Fish and Wildlife Service (USFWS) to 
spend proceeds from those sales on specified activities. Based 
on information provided by the affected agencies, CBO estimates 
that implementing S. 757 would increase direct spending by $3 
million in 2022; therefore, pay-as-you-go procedures apply. 
Enacting S. 757 would not affect revenues.
    Based on information from BLM and the city of Mesquite, CBO 
expects that, under current law, the affected lands would be 
sold under the Federal Land Policy and Management Act (FLPMA). 
CBO estimates that proceeds from those sales would total about 
$3 million in 2022. Under FLPMA, 96 percent of all proceeds 
from land sales are deposited in the U.S. Treasury. Because S. 
757 would authorize BLM and USFWS to spend those proceeds, 
without further appropriation, to implement plans to conserve 
multispecies habitat in Nevada and to carry out certain other 
activities, CBO estimates that implementing the bill would 
increase direct spending.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. S. 757 would increase direct 
spending; therefore, pay-as-you-go procedures apply. The net 
budgetary changes 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 S. 757, THE MULTISPECIES HABITAT CONSERVATION PLAN IMPLEMENTATION ACT, AS ORDERED REPORTED BY
                                          THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2013    2014    2015    2016    2017    2018    2019    2020    2021    2022    2023   2013-2018  2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0       0       0       0       3       0         0          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    S. 757 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 757.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 757, as ordered reported.

                   Congressionally Directed Spending

    S. 757, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management at 
the April 25, 2013, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 757 follows:

  Statement of Jamie Connell, Acting Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to present the views of the 
Department of the Interior on S. 757, which amends the Mesquite 
Lands Act of 1986 in order to renew and extend certain 
authorizations which had expired in late 2011. The BLM supports 
the goals of S. 757 to provide for the economic development 
needs of Mesquite, Nevada, and for the implementation of 
habitat conservation plans in Clark County and in Lincoln 
County, Nevada. The BLM notes that existing authorities, such 
as sales under the Federal Land Policy Management Act (FLPMA), 
allow BLM to achieve similar purposes through the development 
of Resource Management Plans and include opportunities for 
public comment.


                               background


    The Mesquite Lands Act of 1986 (P.L. 99-548) afforded the 
City of Mesquite in eastern Clark County, Nevada, the exclusive 
right to purchase certain parcels of public land, at fair 
market value, for a period of years. In a series of amendments 
over the last 17 years, the Mesquite Lands Act was amended to 
add additional parcels, authorize funding to develop a habitat 
conservation plan for the Virgin River, and to direct a 
conveyance to the City. The authorizations under the Mesquite 
Lands Act expired in late 2011. The Lincoln County Land Act of 
2000 (P.L. 106-298) similarly authorized the use of certain 
funds for development of a habitat conservation plan in Lincoln 
County. While the City of Mesquite acquired approximately 7,700 
acres of public lands under the Mesquite Lands Act, as amended, 
it was not able to complete all of the acquisitions it sought 
in the prescribed time period.


                                 s. 757


    S. 757 extends certain authorizations in the Mesquite Lands 
Act, as amended, for an additional ten years to November 29, 
2021. The bill also allows for the use of certain funds for the 
implementation (in addition to the development) of habitat 
conservation plans for the Virgin River in Clark County as well 
as for a habitat conservation plan in Lincoln County. It also 
extends the withdrawal of the lands from all forms of location, 
entry and appropriation under the public land laws, including 
mining laws, and from operation of mineral leasing and 
geothermal leasing laws, subject to valid existing rights.
    The BLM supports S. 757 and its goal of providing for the 
long-term economic development needs of the City. It would 
allow more time to complete the environmental reviews (and to 
develop possible mitigation of impacts) of proposed land uses 
on the parcels. The U.S. Fish and Wildlife Service has been 
working cooperatively with the BLM in the development of the 
habitat conservation plan for the Virgin River. The additional 
authorizations in S. 757 to implement habitat conservation 
plans will enhance the Department's habitat protection efforts 
in Clark County and in Lincoln County, Nevada.


                               conclusion


    Thank you for the opportunity to present testimony on S. 
757. I will be glad to answer any questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 757, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                     PUBLIC LAW 99-548, as amended


   AN ACT To transfer certain real property to the City of Mesquite, 
Nevada

           *       *       *       *       *       *       *


SEC. 3. NOTIFICATION AND SALE PERIODS.

           *       *       *       *       *       *       *


    (d) Fourth Area.--(1) No later than ten years after the 
date of enactment of this Act, the City of Mesquite shall 
notify the Secretary as to which if any of the public lands 
identified in paragraph (2) of this subsection the city wishes 
to purchase.

           *       *       *       *       *       *       *

  (3) Use of Proceeds.--The proceeds of the sale of each parcel 
completed after the date of enactment of this subsection shall 
be deposited in the special account established under section 
4(e)(1)(C) of the Southern Nevada Public Land Management Act of 
1998 (112 Stat. 2345); and shall be available for use by the 
Secretary--
          (A) to reimburse costs incurred by the local offices 
        of the Bureau of Land Management in arranging the land 
        conveyances directed by this section;
          (B) for the development and implementation of a 
        multispecies habitat conservation plan for the Virgin 
        River in Clark County, Nevada, including any associated 
        groundwater monitoring plan; and
          (C) as provided in section 4(e)(3) of that Act (112 
        Stat. 2346).
  (4) Timing.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall complete the 
sale of any parcel authorized to be conveyed pursuant to this 
section and for which the Secretary has received notification 
from the city under paragraph (1).
    (e) Fifth Area.--
          (1) Right to purchase.--
                  (A) In general.--[For a period of 12 years 
                after the date of the enactment of this Act] 
                Until November 29, 2021, the City of Mesquite, 
                Nevada, subject to all appropriate 
                environmental reviews, including compliance 
                with the National Environmental Policy Act and 
                the Endangered Species Act, shall have the 
                exclusive right to purchase the parcels of 
                public land described in paragraph (2).
                  (B) Applicability.--Subparagraph (A) shall 
                apply to a parcel of land described in 
                paragraph (2) that has not been identified for 
                disposal in the 1998 Bureau of Land Management 
                Las Vegas Resource Management Plan only if the 
                conveyance is made under subsection (f).
          (2) Land description.--The parcels of public land 
        referred to in paragraph (1) are as follows:

           *       *       *       *       *       *       *

          (3) Notification.--[Not later than 10 years after the 
        date of the enactment of this subsection] Not later 
        than November 29, 2021, the city shall notify the 
        Secretary which of the parcels of public land described 
        in paragraph (2) the city intends to purchase.
          (4) Conveyance.--Not later than 1 year after 
        receiving notification from the city under paragraph 
        (3), the Secretary shall convey to the city the land 
        selected for purchase.
          (5) Withdrawal.--Subject to valid existing rights, 
        until [the date that is 12 years after the date of the 
        enactment of this subsection] November 29, 2021, the 
        parcels of public land described in paragraph (2) are 
        withdrawn from all forms of entry and appropriation 
        under the public land laws, including the mining laws, 
        and from operation of the mineral leasing and 
        geothermal leasing laws.

           *       *       *       *       *       *       *

    (f) Sixth Area.--

           *       *       *       *       *       *       *

          (3) Withdrawal.--Subject to valid existing rights, 
        until [the date that is 12 years after the date of the 
        enactment of this subsection] November 29, 2021, the 
        parcels of public land described in paragraph (2) are 
        withdrawn from all forms of entry and appropriation 
        under the public land laws, including the mining laws, 
        and from operation of the mineral leasing and 
        geothermal laws.

           *       *       *       *       *       *       *


                    LINCOLN COUNTY LAND ACT OF 2000


                           Public Law 106-298


 AN ACT To direct the Secretary of the Interior to sell certain public 
land in Lincoln County through a competitive process.

           *       *       *       *       *       *       *


SEC. 5. DISPOSITION OF PROCEEDS.

           *       *       *       *       *       *       *


    (b) Availability of Special Account.--
          (1) In general.--Amounts in the special account 
        (including amounts earned as interest under paragraph 
        (3)) shall be available to the Secretary of the 
        Interior, without further Act of appropriation, and 
        shall remain available until expended, for--
                  (A) inventory, evaluation, protection, and 
                management of unique archaeological resources 
                (as defined in section 3 of the Archaeological 
                Resources Protection Act of 1979 (16 U.S.C. 
                470bb)) in the County;
                  (B) development and implementation of a 
                multispecies habitat conservation plan in the 
                County;

           *       *       *       *       *       *       *


                                  
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