[Senate Report 113-94]
[From the U.S. Government Publishing Office]
Calendar No. 172
113th Congress Report
SENATE
1st Session 113-94
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LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION
_______
September 10, 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. 159]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 159) to designate the Wovoka Wilderness
and provide for certain land conveyances in Lyon County,
Nevada, and for other purposes, having considered the same,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, line 19, after ``valid existing rights''
insert ``and to such terms and conditions as the Secretary
determines to be necessary''.
2. On page 9, strike lines 8 through 17 and insert the
following:
(5) Overflights.--
(A) Military overflights.--Nothing in this
Act restricts or precludes--
(i) low-level overflights of military
aircraft over the Wilderness, including
military overflights that can been seen
or heard within the Wilderness;
(ii) flight testing and evaluation;
or
(iii) the designation or creation of
new units of special airspace, or the
establishment of military flight
training routes, over the Wilderness.
(B) Existing airstrips.--Nothing in this Act
restricts or precludes low-level overflights by
aircraft originating from airstrips in
existence on the date of enactment of this Act
that are located within 5 miles of the proposed
boundary of the Wilderness.
PURPOSE
The purposes of S. 159 are to direct the Secretary of the
Interior to convey for fair market value approximately 11,500
acres of land administered by the Bureau of Land Management to
the City of Yerington, Nevada, and to designate approximately
48,981 acres of land in the Humboldt-Toiyabe National Forest as
wilderness, to be administered by the Secretary of Agriculture.
BACKGROUND AND NEED
In November, 2012, the Nevada Copper Corporation began
exploratory operations on its Pumpkin Hollow mine site, located
near the town of Yerington, in Lyon County, Nevada. The
proposed mine site is located on private and public lands
administered by the Bureau of Land Management. Yerington plans
to annex the mine site and adjacent lands and the conveyance of
the federal land authorized by this bill will help facilitate
the development of the mine and provide Yerington with
additional tax revenue.
For over 4 years, Yerington and Lyon County 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 plan requires the conveyance of certain
federal land administered by the Bureau of Land Management
(BLM) to the City for fair market value.
The federal land is adjacent to the City and would be used
to enhance recreational, cultural, commercial, and industrial
development opportunities. 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.
The approximately 49,000-acre proposed Wovoka Wilderness
Area is the largest remaining tract of wild country in Lyon
County, Nevada, and encompasses the southern portion of the
Pine Grove Hills in western Nevada. The core of the proposed
wilderness is the Forest Service's South Pine Grove Hills
Inventoried Roadless Area. The Forest Service categorized this
roadless area as having a high capacity for wilderness during
its Forest Plan Revision initial assessment in 2006.
The Wovoka Wilderness Area comprises at least 13 miles of
the East Walker River. It is also home to a diversity of
landscapes and experiences, from world-class fly fishing to
rugged, multi-colored canyons, pinon-juniper forests, seasonal
lakes, critical habitat for the bi-state sage-grouse, rich
archeological resources, and wonderful views of the Sweetwater
Mountains and Mount Grant.
The wilderness area's name honors Wovoka, the Paiute
spiritual leader and father of the Ghost Dance, who prophesized
a message of hope to Native Americans in the 1890s. Born in the
region, Wovoka worked and found inspiration in these hills.
Elevations range from 5,200 feet along the East Walker
River to over 9,400 feet at the summit of Bald Mountain.
The proposed Wovoka Wilderness contains critical habitat
for the bi-state sage grouse population including summer,
winter, and nesting habitat.
LEGISLATIVE HISTORY
S. 159 was introduced by Senators Heller and Reid on
January 28, 2013. A hearing was held on the bill by the
Subcommittee on Public Lands, Forests and Mining on April 25,
2013. At a business meeting on June 18, 2013, the bill was
reported favorably with amendments. An identical bill, H.R.
696, was introduced in the House of Representatives by
Representative Horsford.
In the 112th Congress a similar bill, S. 3701, was
introduced by Senators Heller and Reid.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013 by a voice vote of a
quorum present, recommends that the Senate pass S. 159, if
amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 159, the Committee adopted
two amendments. The first amendment requires that the land
conveyance be subject to such terms and conditions as the
Secretary deems necessary. The second amendment includes
standard language relating to military overflights, and further
specifies that nothing in this Act precludes low-level
overflights from airstrips within 5 miles of the wilderness
boundary.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Lyon County
Economic Development and Conservation Act'', and the table of
contents.
Section 2(a) defines key terms in the bill.
Subsection (b)(1) directs the Secretary of the Interior to
convey to the City of Yerington, Nevada, all right, title, and
interest of the United States in and to land identified on the
map entitled ``Yerington Land Conveyance'' dated December 19,
2012.
Paragraph (2) directs the Secretary to conduct an appraisal
to determine the fair market value of the land to be conveyed
in accordance with the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.), the Uniform Appraisal
Standards for Federal Land Acquisition, and the Uniform
Standards of Professional Appraisal Practice.
Paragraph (3) requires the map to be on file and available
for public inspection at the Bureau of Land Management.
Paragraph (4) clarifies that development and conduct of
activities of the Federal land conveyed to the city shall be
subject to all Federal laws and regulations.
Paragraph (5) requires the City of Yerington to pay an
amount equal to the appraised value for the conveyed Federal
lands, and all costs related to the conveyance. These costs
include surveys, appraisals, and other administrative costs
associated with the conveyance.
Section 3(a) provides Congressional findings.
Subsection (b) provides definitions for the section.
Subsection (c)(1) designates the Federal land depicted on
the map as the ``Wovoka Wilderness''.
Paragraph (2) requires boundaries of the Wilderness that
are bordered by a road must be set 150 feet from the centerline
of the road.
Paragraph (3) directs the Secretary to prepare a map and
legal description of the Wilderness.
Paragraph (4) clarifies that 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.
Subsection (d)(1) establishes that the Wilderness shall be
administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
Paragraph (2) provides that any grazing activities
established before the date of enactment of the Act, shall be
allowed to continue, subject to reasonable restrictions, in
accordance with 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 (H. Rept. 101-405).
Paragraph (3) incorporates any land or interest in land
that is acquired within the boundary of the Wilderness into the
Wilderness.
Paragraph (4) clarifies that Congress does not intend to
create a protective buffer zone around the Wilderness, and non-
wilderness activities outside the Wilderness boundary will be
allowed to continue.
Paragraph (5) clarifies low-level overflights of military
aircraft, flight testing and evaluation, the designation or
creation of special airspace or military flight training
routes, and low-level overflights by aircraft and originating
from airstrips in existence on the date of enactment of the Act
that are located within 5 miles of the proposed boundary will
not be restricted over the Wilderness.
Paragraph (6) authorizes the Secretary, in accordance with
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), to take
any measures necessary to control fire, insects, and diseases.
Paragraph (7) clarifies that nothing in paragraph (6)
constitutes an express or implied reservation by the United
States of any water or water rights within the Wilderness, or
infringes on State water rights. Subparagraph (E) prohibits the
United States from funding, assisting, authorizing, or issuing
a license or permit for the development of any new water
resource facility within the Wilderness. It also provides an
exception to this restriction for the Bald Mountain grazing
allotment for the purpose of livestock watering if an
application is filed within 10 years after the enactment of
this Act.
Paragraph (8) clarifies that nothing in this section
changes State jurisdiction with respect to fish and wildlife
management including regulation of hunting, fishing, and
trapping. The Secretary may conduct any management activities
in the Wilderness that are necessary to maintain or restore
fish and wildlife populations and their habitats.
Subsection (f) authorizes the Secretary to construct
facilities for water development projects to enhance wildlife
populations in the Wilderness.
Section 4 defines the withdrawal area and withdraws it from
the public land laws, mining laws, and mineral leasing and
geothermal laws.
Section 5 clarifies that nothing in this act alters or
diminishes the treaty rights of any Indian Tribe.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 159--Lyon County Economic Development and Conservation Act
S. 159 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. The bill also would designate
about 47,500 acres in Nevada as wilderness. Based on
information provided by the Bureau of Land Management (BLM) and
the Forest Service, CBO estimates that implementing the
legislation would have no significant impact on discretionary
spending. Enacting S. 159 would increase offsetting receipts,
which are treated as reductions in direct spending; therefore,
pay-as-you-go procedures apply. Enacting the bill would not
affect revenues.
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 2014. 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.
S. 159 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 the bill
would have no significant impact 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 future), we estimate that enacting
this provision would not affect offsetting receipts.
S. 159 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs in state, local, or tribal governments.
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. 159.
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. 159, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 159, 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 National Park Service and the
Forest Service at the April 23, 2013, Subcommittee on Public
Lands, Forests, and Mining hearing on S. 159 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the opportunity to testify today on S. 159,
the Lyon County Economic Development and Conservation Act,
which presents economic development opportunities for the
western Nevada city of Yerington. This bill would allow the
city to purchase, at fair market value, over 10,000 acres of
surface land and the subsurface mineral estate managed by the
Bureau of Land Management (BLM) that surround a copper mine
development located on approximately 1,500 acres of private
land. The BLM has a few concerns with the legislation and
proposes some modifications and amendments, including
provisions related to timing of the conveyance that would
ensure that the Federal government receives full value for the
lands and associated mineral interests. In addition, Sections 3
and 4 of S. 159 designate an addition to the National
Wilderness Preservation System--the Wovoka Wilderness Area--on
National Forest System lands managed by the U.S. Forest
Service. The Department of the Interior defers to the U.S.
Department of Agriculture on provisions that apply to lands and
programs under its management.
background
Yerington is a small community located southeast of Carson
City in Lyon County, Nevada. The BLM manages approximately
570,000 acres of public land in the county. Historically,
mining and agriculture have been significant contributors to
the local economy, but today, Yerington has an unemployment
rate that is higher than the national average.
In February 2012, Nevada Copper Corp. broke ground on an
exploratory operation at its Pumpkin Hollow mine site on
private lands that are at the center of the proposed conveyance
area. The city plans to annex the mine as well as the
conveyance area, which will increase the tax base of both the
city and Lyon County. Nevada Copper will fund the land
acquisition costs for the city as well as land surveys,
appraisals and cultural and natural resource evaluations
required for the conveyance. In return, the city will either
lease or sell certain lands that Nevada Copper requires for the
development of its mine complex. Nevada Copper will also work
with the city to extend water and sewer services beyond those
needed for the Pumpkin Hollow mine. The city's plans envision
an area where transportation, power, and water infrastructure
installed for the mine will benefit other industrial and
commercial users and facilitate the development of cultural and
recreational areas for the benefit of Yerington.
s. 159
S. 159 (Section 2) requires the Secretary of the Interior
to convey to the city of Yerington for fair market value over
10,000 acres of BLM-managed land and the underlying mineral
estate--if the city agrees to the conveyance. Under the bill,
the Secretary would establish the value of the land and the
mineral estate in accordance with the Federal Land Policy and
Management Act and uniform appraisal standards. The city will
pay the fair market value for the property and all costs
related to the conveyance, including surveys, appraisals, and
other administrative expenses.
The bill's 180-day time period for conveyance does not
allow sufficient time to complete reviews and consultation with
parties under the National Environmental Policy Act and the
National Historic Preservation Act or conduct appraisals to
establish the fair market value of the surface and mineral
estates. To its credit, the city has moved ahead and already
sought and been granted permission to perform cultural survey
work on the area. The preliminary findings of this survey
indicate that there are sites in the conveyance area that may
be eligible for inclusion in the National Register of Historic
Properties. Resolution of adverse effects, or an agreement for
the resolution or preservation, should be addressed before the
sites pass from Federal ownership. The BLM recommends a one-
year time period to complete all the necessary work associated
with the conveyance.
The area's longstanding relationship to mining poses two
other challenges not taken into account in the bill. Although
originally there were a number of mining claims held by parties
other than Nevada Copper, the BLM understands Nevada Copper has
purchased many of these mining claims. According to the BLM's
mining claim database, there are 11 other outstanding mining
claims. We understand that Nevada Copper is making arrangements
that may resolve this issue. The BLM generally does not convey
lands with mining claims. If left unresolved, S. 159 leaves
open the question of who would administer these other mining
claims, which by default leaves the responsibility to the BLM
to conduct validity exams and resolve other issues such as site
remediation. According to the city, one of the stated goals of
this bill is to ``expedite near term and long term development
of mining facilities.'' If the BLM manages these claims but not
the surrounding surface rights, conflicts may occur that would
hobble this goal of expedited development.
The area's mining legacy poses a second and potentially
dangerous situation. The Nevada Division of Minerals has
identified abandoned mine features on the public lands to be
conveyed to the city, a few of which may present potential
hazards to the public. We would like to work with the
proponents of this bill to resolve this issue. For example, the
United States government should be indemnified from any future
liabilities arising from any hazardous features. In addition,
there are a few technical changes the BLM suggests for the bill
on matters such as the conveyance parcel boundary.
conclusion
Thank you again for the opportunity to testify on S. 159.
This legislation is important to the people of this area, and
the BLM looks forward to working with the sponsor and the
committee. I would be glad to answer your questions.
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Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 159, the Lyon County Economic Development and
Conservation Act.
Section 2 of the bill pertains to public lands managed by
the Bureau of Land Management. This testimony will address
Sections 3 and 4 in my comments as they pertain to the
management of the Toiyabe National Forest.
Section 3 of S. 159 would add the Wovoka Wilderness to the
National Wilderness Preservation System. These 47,449 acres are
the largest remaining tract of wild country in Lyon County,
Nevada, encompassing the southern portion of the Pine Grove
Hills south of Yerington, Nevada. The core of this proposed
wilderness is the Forest Service South Pine Grove Hill
Inventoried Roadless Area. The Forest Service categorized this
roadless area as having a high capacity for wilderness during
its Forest Plan Revision wilderness evaluation in 2006.
Designation of the Wovoka Wilderness would preserve sage-
grouse habitat, protect prehistoric cultural resources, ensure
the availability of primitive recreational resources, and
maintain high air and water quality in the area, while ensuring
the conservation of ecologically diverse and important
habitats. Further, the bill encourages the collaboration
between the Department and the Lyon County Commission on local
wildfire and forest management planning. The Department
supports these worthy goals and would support S. 159, if the
bill is amended to address the following concerns.
S. 159 would provide for several standard provisions for
the management of wilderness area within the National
Wilderness Preservation System. However, it introduces several
new provisions that raise concerns.
Section 3(c)(2) would require that the wilderness boundary
be placed 150 feet from the centerline of adjacent roads when
they border the boundary. While this is generally a good
policy, we are concerned that the term ``roads'' is open to
interpretation. We would prefer the use of the term ``forest
roads'' or ``public roads'' which reflects those roads
designated by the Forest Service during our travel planning
process or by other jurisdictions. This will avoid any
confusion about the intent of the provision during creation of
the legal description.
The Department objects to Section 3(d)(7), relating to
water rights. Specifically, Section 3(d)(7)(E)(ii)(I) would
prohibit the Forest Service from developing for its own
purposes any water resource facility other than a wildlife
guzzler. Additionally, Section 3(d)(7)(E)(ii)(II) would require
the Forest Service to approve applications for the development
of water resource facilities for livestock purposes within the
Bald Mountain grazing allotment submitted by Bald Mountain
grazing allotment permittees within 10 years of designation of
the wilderness. The President's discretion under the Wilderness
Act to review and approve any potential water development
structure or facility that is deemed in the national interest
should not be limited by these provisions.
Section 3(e), relating to wildlife management, also
presents concerns. Section 3(e)(3) would give the State
authority to use helicopters and other aircraft for specified
wildlife management purposes without specific permission from
the Forest Service. Section 3(e)(4) would constrict the Forest
Service's authority to restrict hunting or fishing, and section
3(e)(5) would perpetuate in perpetuity the application of a
1984 Memorandum of Understanding between the Forest Service and
the State to State wildlife management activities in this
wilderness area.
The Department objects to Section 3(f) Wildlife Water
Development Projects, which would require the Secretary to
authorize structures and facilities for wildlife water
development where the Secretary determines that the development
will enhance wilderness values by providing more naturally
distributed wildlife populations and the visual impacts of the
structures and facilities can be visually minimized. This
language, while it provides some flexibility, still removes
Secretarial discretion to consider the impact of wildlife water
developments on other wilderness values. The Department already
has the discretion to consider the placement of wildlife water
developments consistent with the Wilderness Act and House
Report 101-405. This section is an unnecessary abridgement of
the Secretary's discretion.
Section 4 of the bill would withdraw an area of National
Forest from (1) entry, appropriation, or disposal under 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. The use of motorized and
mechanical vehicles within the withdrawn area would be limited.
The Department would like to work with the committee and
the sponsor of the bill to ensure all valid existing rights may
continue in the future.
This concludes my testimony and I would be happy to answer
any questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 159, as ordered
reported.