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Union Calendar No. 502
106th CONGRESS
2d Session
H. R. 2752
[Report No. 106-847]
To give Lincoln County, Nevada, the right to purchase at fair market
value certain public land located within that county, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 5, 1999
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Resources
September 14, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on August
5, 1999]
_______________________________________________________________________
A BILL
To give Lincoln County, Nevada, the right to purchase at fair market
value certain public land located within that county, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lincoln County Land Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(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
entities;
(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.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Mesquite,
Nevada.
(2) County.--The term ``County'' means Lincoln County,
Nevada.
(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.
SEC. 4. DISPOSAL OF LAND.
(a) Disposal.--
(1) In general.--As soon as practicable after the date of
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) Timing.--The Secretary shall dispose of--
(A) the land described in subsection (b)(1)(A) not
later than 1 year after the date of enactment of this
Act; and
(B) the land described in subsection (b)(1)(B) not
later than 5 years after the date of 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.
SEC. 5. DISPOSITION OF PROCEEDS.
(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 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).
(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 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
County.
(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.
SEC. 6. ACQUISITIONS.
(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
diversity;
(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
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
Congress--
(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.
Amend the title so as to read: ``A bill to direct the
Secretary of Interior to sell certain public land in Lincoln
County through a competitive process.''.
Union Calendar No. 502
106th CONGRESS
2d Session
H. R. 2752
[Report No. 106-847]
_______________________________________________________________________
A BILL
To give Lincoln County, Nevada, the right to purchase at fair market
value certain public land located within that county, and for other
purposes.
_______________________________________________________________________
September 14, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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