[106th Congress Public Law 298]
[From the U.S. Government Printing Office]

[DOCID: f:publ298.106]

[[Page 1045]]

                     LINCOLN COUNTY LAND ACT OF 2000

[[Page 114 STAT. 1046]]

Public Law 106-298
106th Congress

                                 An Act

 To <<NOTE: Oct. 13, 2000 -  [H.R. 2752]>>  direct the Secretary of the 
    Interior to sell certain public land in Lincoln County through a 
                          competitive process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Lincoln County Land Act of 
2000. Nevada.>>  assembled,


    This Act may be cited as the ``Lincoln County Land Act of 2000''.


    (a) Findings.--Congress finds that--
            (1) Lincoln County, Nevada, encompasses an area of 10,132 
        square miles of the State of Nevada;
            (2) approximately 98 percent of the County is owned by the 
        Federal Government;
            (3) the City of Mesquite, Nevada, needs land for an 
        organized approach for expansion to the north;
            (4) citizens of the County would benefit through enhanced 
        county services and schools from the increased private property 
        tax base due to commercial and residential development;
            (5) the County would see improvement to the budget for the 
        county and school services through the immediate distribution of 
        sale receipts from the Secretary selling land through a 
        competitive bidding process;
            (6) a cooperative approach among the Bureau of Land 
        Management, the County, the City, and other local government 
        entities will ensure continuing communication between those 
            (7) the Federal Government will be fairly compensated for 
        the sale of public land; and
            (8) the proposed Caliente Management Framework Amendment and 
        Environmental Impact Statement for the Management of Desert 
        Tortoise Habitat Plan identify specific public land as being 
        suitable for disposal.

    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the orderly disposal of certain public 
        land in the County; and
            (2) to provide for the acquisition of environmentally 
        sensitive land in the State of Nevada.


    In this Act:
            (1) City.--The term ``City'' means the City of Mesquite, 

[[Page 114 STAT. 1047]]

            (2) County.--The term ``County'' means Lincoln County, 
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Special account.--The term ``special account'' means the 
        account in the Treasury of the United States established under 
        section 5.


    (a) Disposal.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, notwithstanding the land use planning 
        and land sale requirements contained in sections 202 and 203 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1711, 1712), the Secretary, in cooperation with the County and 
        the City, in accordance with this Act, the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other 
        applicable law, and subject to valid existing rights, shall 
        dispose of the land described in subsection (b) in a competitive 
        bidding process, at a minimum, for fair market value.
            (2) <<NOTE: Deadlines.>>  Timing.--The Secretary shall 
        dispose of--
                    (A) the land described in subsection (b)(1)(A) not 
                later than 1 year after the date of the enactment of 
                this Act; and
                    (B) the land described in subsection (b)(1)(B) not 
                later than 5 years after the date of the enactment of 
                this Act.

    (b) Land Description.--
            (1) In general.--The land referred to in subsection (a) is 
        the land depicted on the map entitled ``Public Lands Identified 
        for Disposal in Lincoln County, Nevada'' and dated July 24, 
        2000, consisting of--
                    (A) the land identified on the map for disposal 
                within 1 year, comprising approximately 4,817 acres; and
                    (B) the land identified on the map for disposal 
                within 5 years, comprising approximately 8,683 acres.
            (2) Map.--The map described in paragraph (1) shall be 
        available for public inspection in the Ely Field Office of the 
        Bureau of Land Management.

    (c) Segregation.--Subject to valid existing rights, the land 
described in subsection (b) is segregated from all forms of entry and 
appropriation (except for competitive sale) under the public land laws, 
including the mining laws, and from operation of the mineral leasing and 
geothermal leasing laws.
    (d) Compliance With Local Planning and Zoning.--The Secretary shall 
ensure that qualified bidders intend to comply with--
            (1) County and City zoning ordinances; and
            (2) any master plan for the area developed and approved by 
        the County and City.


    (a) Land Sales.--Of the gross proceeds of sales of land under this 
Act in a fiscal year--
            (1) 5 percent shall be paid directly to the State of Nevada 
        for use in the general education program of the State;
            (2) 10 percent shall be returned to the County for use as 
        determined through normal county budgeting procedures, with 
        emphasis given to support of schools, of which no amount

[[Page 114 STAT. 1048]]

        may be used in support of litigation against the Federal 
        Government; and
            (3) the remainder shall be deposited in a special account in 
        the Treasury of the United States (referred to in this section 
        as the ``special account'') for use as provided in subsection 

    (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, 
                    (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 of a multispecies habitat 
                conservation plan in the County;
                    (C)(i) reimbursement of costs incurred by the Nevada 
                State Office and the Ely Field Office of the Bureau of 
                Land Management in preparing sales under this Act, or 
                other authorized land sales within the County, including 
                the costs of land boundary surveys, compliance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), appraisals, environmental and cultural 
                clearances, and any public notice; and
                    (ii) processing public land use authorizations and 
                rights-of-way stemming from development of the conveyed 
                land; and
                    (D) the cost of acquisition of environmentally 
                sensitive land or interests in such land in the State of 
                Nevada, with priority given to land outside Clark 
            (2) Acquisition from willing sellers.--An acquisition under 
        paragraph (1)(D) shall be made only from a willing seller and 
        after consultation with the State of Nevada and units of local 
        government under the jurisdiction of which the environmentally 
        sensitive land is located.

    (c) Investment of Special Account.--All funds deposited as principal 
in the special account shall earn interest in the amount determined by 
the Secretary of the Treasury on the basis of the current average market 
yield on outstanding marketable obligations of the United States of 
comparable maturities.


    (a) Definition of Environmentally Sensitive Land.--In this section, 
the term ``environmentally sensitive land'' means land or an interest in 
land, the acquisition of which by the United States would, in the 
judgment of the Secretary--
            (1) promote the preservation of natural, scientific, 
        aesthetic, historical, cultural, watershed, wildlife, and other 
        values contributing to public enjoyment and biological 
            (2) enhance recreational opportunities and public access;
            (3) provide the opportunity to achieve better management of 
        public land through consolidation of Federal ownership; or
            (4) otherwise serve the public interest.

    (b) Acquisitions.--
            (1) In general.--After the consultation process has been 
        completed in accordance with subsection (c), the Secretary may

[[Page 114 STAT. 1049]]

        acquire with the proceeds of the special account environmentally 
        sensitive land and interests in environmentally sensitive land. 
        Land may not be acquired under this section without the consent 
        of the landowner.
            (2) Use of other funds.--Funds made available from the 
        special account may be used with any other funds made available 
        under any other provision of law.

    (c) Consultation.--Before initiating efforts to acquire land under 
this subsection, the Secretary shall consult with the State of Nevada 
and with local government within whose jurisdiction the land is located, 
including appropriate planning and regulatory agencies, and with other 
interested persons, concerning the necessity of making the acquisition, 
the potential impacts on State and local government, and other 
appropriate aspects of the acquisition.
    (d) Administration.--On acceptance of title by the United States, 
land and interests in land acquired under this section that is within 
the boundaries of a unit of the National Wild and Scenic Rivers System, 
National Trails System, National Wilderness Preservation System, any 
other system established by Act of Congress, or any national 
conservation or national recreation area established by Act of 
            (1) shall become part of the unit or area without further 
        action by the Secretary; and
            (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit or area.

    Approved October 13, 2000.


HOUSE REPORTS: No. 106-847 (Comm. on Resources).
SENATE REPORTS: No. 106-417 accompanying S. 1331 (Comm. on Energy and 
Natural Resources).
            Sept. 26, considered and passed House.
            Oct. 3, considered and passed Senate.