Douglas County Conservation Act of 2013 - Designates specified federal land managed by the Bureau of Land Management (BLM), to be known as the Burbank Canyons Wilderness, as a component of the National Wilderness Preservation System.
Releases BLM land in any part of the Burbank Canyon Wilderness not designated as wilderness by this Act from further study for designation as wilderness.
Transfers all interest of the United States in certain land which shall be held in trust for the Washoe Tribe of Nevada and California, and which shall become part of the Tribe's reservation.
Directs the Secretary of Agriculture (USDA) to implement a cooperative management agreement for the land identified as the Cooperative Management Area in order to: (1) preserve cultural resources, (2) ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes, and (3) protect recreational uses.
Requires the Secretary concerned to convey certain Forest Service land (Lake Tahoe-Nevada State Park) to the state of Nevada, to be used for the conservation of wildlife or natural resources or for a public park. (Defines "Secretary concerned" as the Secretary of Agriculture. acting through the Chief of the Forest Service, for National Forest System lands, and the Secretary of the Interior for land managed by BLM.)
Directs the Secretary of Agriculture to make publicly available a prospectus to solicit one or more concessionaires for the lands identified as the Round Hill Pines Resort and Zephyr Shoals.
Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, to transfer from the Forest Service to Nevada, Douglas County (the county), or the applicable unit of local government, certain lands or interests which are unsuitable for Forest Service administration or necessary for a public purpose.
Authorizes the Secretary concerned to convey or lease specified lands to the county to be managed for flood control and management, water resource infrastructure, recreation and public purposes, or forest service recreation.
Directs the Secretary concerned to conduct one or more sales of specified BLM and county lands to qualified bidders.
Amends the Southern Nevada Public Land Management Act of 1998 to specify the use of funds for federal land in Douglas County.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1263 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1263
To establish a wilderness area, promote conservation, improve public
land, and provide for sensible development in Douglas County, Nevada,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2013
Mr. Heller (for himself and Mr. Reid) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish a wilderness area, promote conservation, improve public
land, and provide for sensible development in Douglas County, Nevada,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Douglas County
Conservation Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--WILDERNESS AREA
Sec. 101. Findings.
Sec. 102. Addition to National Wilderness Preservation System.
Sec. 103. Administration.
Sec. 104. Fish and wildlife management.
Sec. 105. Release of wilderness study area.
Sec. 106. Native American cultural and religious uses.
TITLE II--TRIBAL CULTURAL RESOURCES
Sec. 201. Transfer of land to be held in trust for the Washoe Tribe.
Sec. 202. Cooperative management agreement.
TITLE III--PUBLIC CONVEYANCES
Sec. 301. Conveyance to the State of Nevada.
Sec. 302. Concessionaires at the Round Hill Pines Management Area and
Dreyfus Estate Management Area.
Sec. 303. Transfer of administrative jurisdiction from the Forest
Service to the State, county, or local
government for public purposes.
Sec. 304. Conveyance and lease to Douglas County, Nevada.
Sec. 305. Sale of certain Federal land.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Douglas County,
Nevada.
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to National Forest System land,
the Secretary of Agriculture. acting through the Chief
of the Forest Service; and
(B) with respect to land managed by the Bureau of
Land Management, including land held for the benefit of
the Tribe, the Secretary of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California.
(6) Wilderness.--The term ``Wilderness'' means the Burbank
Canyon Wilderness designated by section 102(a).
TITLE I--WILDERNESS AREA
SEC. 101. FINDINGS.
Congress finds that--
(1) public land in the County contains unique and
spectacular natural resources, including--
(A) priceless habitat for numerous species of
plants and wildlife; and
(B) thousands of acres of land that remain in a
natural state; and
(2) continued preservation of those resources would benefit
the County and all of the United States by--
(A) ensuring the conservation of ecologically
diverse habitat;
(B) protecting prehistoric cultural resources;
(C) conserving primitive recreational resources;
and
(D) protecting air and water quality.
SEC. 102. 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 12,330 acres of Federal
land managed by the Bureau of Land Management, as generally depicted on
the map entitled ``Proposed Burbank Canyon Wilderness'' and dated June
26, 2013, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Burbank
Canyons Wilderness''.
(b) Boundary.--The boundary of any portion of the Wilderness that
is bordered by a road shall be at least 100 feet from the edge of the
road to allow public access.
(c) National Landscape Conservation System.--The Wilderness shall
be administered as a component of the National Landscape Conservation
System.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned 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 Act, except that the Secretary concerned may
correct any minor error in the map or legal description.
(3) Availability.--A copy of 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.
(e) Withdrawal.--Subject to valid existing rights, the Wilderness
is withdrawn from--
(1) all forms of entry, appropriation, or 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. 103. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary concerned in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act--
(1) to the effective date shall be considered to be a
reference to the date of enactment of this Act; and
(2) to the Secretary of Agriculture shall be considered to
be a reference to the Secretary of the Interior.
(b) Livestock.--Within the Wilderness, the grazing of livestock in
areas administered by the Bureau of Land Management in which grazing is
established as of the date of enactment of this Act shall be allowed to
continue subject to such reasonable regulations, policies, and
practices as the Secretary concerned 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) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of the Wilderness that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the Wilderness.
(d) 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 or heard from areas within the
Wilderness shall not preclude the conduct of the activities or
uses outside the boundary of the Wilderness.
(e) 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 or
heard within the wilderness area;
(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.
(f) Existing Airstrips.--Nothing in this Act restricts or precludes
low-level overflights by aircraft utilizing airstrips in existence on
the date of enactment of this Act that are located within 5 miles of
the proposed boundary of the Wilderness.
(g) 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 concerned may take any measures in the Wilderness that the
Secretary concerned determines to be necessary to control fire,
insects, and diseases, subject to such terms and conditions as the
Secretary concerned determines to be necessary.
(h) Water Rights.--
(1) Findings.--Congress finds that--
(A) the Wilderness is located--
(i) in the semiarid region of the Great
Basin; and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are
few, if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the Wilderness is generally not suitable for
use or development of new water resource facilities;
and
(C) because of the unique nature of the Wilderness,
it is possible to provide for proper management and
protection of the wilderness and other values of land
in ways different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the Wilderness by means other than a
federally reserved water right.
(3) Statutory construction.--Nothing in this Act--
(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.
(4) Nevada water law.--The Secretary concerned shall follow
the procedural and substantive requirements of State law so as
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the Wilderness.
(5) 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.--The term ``water resource
facility'' does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, 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 any wilderness area,
including a portion of a wilderness area, that is
located in the County.
SEC. 104. FISH AND 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 Act 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 concerned 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) in a manner that is 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 concerned,
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.
(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 populations in the Wilderness.
(d) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary concerned may designate
areas in which, and establish periods during which, for reasons
of public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in the
Wilderness.
(2) Consultation.--Except in emergencies, the Secretary
concerned shall consult with the appropriate State agency and
notify the public before making any designation under paragraph
(1).
(e) Cooperative Agreement.--
(1) In general.--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 of the Interior 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 of the Interior
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 Wilderness.
SEC. 105. RELEASE OF WILDERNESS STUDY AREA.
(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the Bureau of Land Management land in any portion of the Burbank
Canyons Wilderness study area not designated as wilderness by section
102 has been adequately studied for wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this Act--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) cooperative conservation agreements in
existence on the date of enactment of this Act.
SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title diminishes--
(1) the rights of any Indian tribe; or
(2) tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
TITLE II--TRIBAL CULTURAL RESOURCES
SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, 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 of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of the approximately 1,178 acres of land, as generally
depicted on the Map as ``To Washoe Tribe''.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary concerned shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT.
(a) In General.--The Secretary of Agriculture, in consultation with
the Tribe and County, shall develop and implement a cooperative
management agreement for the land described in subsection (b)--
(1) to preserve cultural resources;
(2) to ensure regular access by members of the Tribe and
the community across National Forest System land for cultural
and religious purposes; and
(3) to protect recreational uses.
(b) Description of Land.--The land referred to in subsection (a)
consists of the approximately 1,811 acres of land, as generally
depicted on the Map as ``Cooperative Management Area''.
TITLE III--PUBLIC CONVEYANCES
SEC. 301. CONVEYANCE TO THE STATE OF NEVADA.
(a) Conveyance.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary
concerned shall convey to the State, subject to valid existing rights,
for no 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) is
the approximately 67 acres of Forest Service land, as generally
depicted on the Map as ``Lake Tahoe-Nevada State Park''.
(c) Costs.--Any costs relating to the conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the State.
(d) Use of Land.--
(1) In general.--Any land conveyed to the State under
subsection (a) shall be used only for--
(A) the conservation of wildlife or natural
resources; or
(B) a public park.
(2) Facilities.--Any facility on the land conveyed under
subsection (a) shall be constructed and managed in a manner
consistent with the uses described in paragraph (1).
(e) Reversion.--If any portion of the land conveyed under
subsection (a) is used in a manner that is inconsistent with the uses
described in subsection (d), that land shall, at the discretion of the
Secretary concerned, revert to the United States.
SEC. 302. CONCESSIONAIRES AT THE ROUND HILL PINES MANAGEMENT AREA AND
DREYFUS ESTATE MANAGEMENT AREA.
(a) Prospectus.--Subject to subsection (b), not later than 60 days
after the date of enactment of this Act, the Secretary of Agriculture
shall make publicly available a prospectus to solicit one or more
concessionaires for--
(1) the approximately 200 acres of land as generally
depicted on the Map as ``Round Hill Pines Resort''; and
(2) the approximately 416 acres of land as generally
depicted on the Map as ``Zephyr Shoals''.
(b) Exclusions.--
(1) Special use permits.--This section shall not apply to
any land or portion of land described in subsection (a) for
which a concessionaire has a contract to operate under a
special use permit issued before the date of enactment of this
Act.
(2) Prior prospectuses.--This section shall not apply to
any land or portion of land described in subsection (a) for
which the Secretary of Agriculture has made publicly available
before the date of enactment of this Act a prospectus for that
land or portion of land.
(c) Consultation.--In carrying out this section, the Secretary of
Agriculture shall consult with the Tribe, the County, the State, and
other interested parties--
(1) to satisfy any requirement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332); and
(2) to prepare for the orderly and smooth transition of the
operation of the land described in subsection (a) to one or
more concessionaires.
(d) Treatment of Proceeds.--Any fees received under a concession
contract under this section shall remain available to the Forest
Service, until expended, without further appropriations, for use within
the Lake Tahoe Basin Management Unit under the authorities provided by
the Act of April 24, 1950 (commonly known as the ``Granger-Thye Act'')
(64 Stat. 82, chapter 97).
(e) Administrative Jurisdiction Transfer.--
(1) In general.--If the Secretary of Agriculture has not
entered into a concession contract for the land described in
subsection (a) by the date that is 2 years after the date on
which the prospectus is published under that subsection,
consistent with section 3(a) of Public Law 96-586 (94 Stat.
3383) (commonly known as the ``Santini-Burton Act''), the
Secretary of Agriculture shall transfer to the County, without
consideration, administrative jurisdiction of that land for a
period of 99 years.
(2) Exception.--If the Secretary of Agriculture has taken
steps to enter into a concession contract for the land
described in subsection (a), including substantial completion
of any requirement under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332), the transfer
of administrative jurisdiction under paragraph (1) shall not
take place unless the Secretary of Agriculture has not entered
into a concession contract by the date that is 30 months after
the date on which the prospectus is published under subsection
(a).
(3) Costs.--Any costs relating to a transfer under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of
Agriculture.
(4) Use of land.--Any property transferred to the County
under paragraph (1) shall--
(A) be managed by the County--
(i) to maintain undeveloped open space;
(ii) to preserve the natural
characteristics of the land in perpetuity; and
(iii) to protect and enhance water quality,
stream environment zones, and important
wildlife habitat; and
(B) be used for diverse recreation opportunities or
other public purposes consistent with the Act of June
14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(5) Reversion.--If any land or portion of land transferred
under this section is used in a manner that is inconsistent
with this section, the parcel of land shall, at the discretion
of the Secretary of Agriculture, revert to the United States.
SEC. 303. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST
SERVICE TO THE STATE, COUNTY, OR UNIT OF LOCAL GOVERNMENT
FOR PUBLIC PURPOSES.
(a) In General.--Consistent with section 3(b) of Public Law 96-586
(commonly known as the ``Santini-Burton Act'') (94 Stat. 3384), on
request by the State or County, the Secretary may transfer the land or
interests in land described in subsection (b) to the State, County, or
applicable unit of local government without consideration, subject to
appropriate deed restrictions to protect the environmental quality and
public recreational use of the land transferred.
(b) Description of Land.--The land referred to in subsection (a) is
any Forest Service land that is within the boundaries of the area
subject to acquisition that is unsuitable for Forest Service
administration or necessary for a public purpose, as depicted on the
map entitled ``Douglas County Conservation Act of 2013'' and dated June
27, 2013.
(c) Use of Land.--The land transferred under subsection (a) shall--
(1) be managed by the State, County, or unit of local
government to maintain undeveloped open space and to preserve
the natural characteristics of the transferred land in
perpetuity;
(2) be managed by the State, County, or unit of local
government to protect and enhance water quality, stream
environment zones, and important wildlife habitat; and
(3) be used by the State, County, or unit of local
government for recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(d) Reversion.--If a parcel of land transferred under subsection
(a) is used in a manner that is inconsistent with the use described for
the parcel of land in subsection (c), the parcel of land shall, at the
discretion of the Secretary, revert to the United States.
(e) Legal Description and Map.--As soon as practicable after the
date of enactment of this Act, the Secretary concerned shall prepare a
map and legal description of the land transferred under subsection (a).
SEC. 304. CONVEYANCE AND LEASE TO DOUGLAS COUNTY, NEVADA.
(a) Definition of Map.--In this section and section 305, the term
``Map'' means the map entitled ``Douglas County, Nevada'' and dated
March 1, 2012.
(b) Authorization of Conveyance.--Notwithstanding section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712),
the Secretary concerned shall--
(1) convey to the County, without consideration, all right,
title, and interest of the United States in and to the land
described in subsection (b); and
(2) lease to the County, without consideration, the
approximately 5,232 acres of land identified on the Map as
``BLM Flood Control''.
(c) Description of Land.--The land referred to in subsection (b)(1)
consists of--
(1) the approximately 5,441 acres of land as generally
depicted on the Map as ``Flood Control and Management'';
(2) the approximately 45 acres of land as generally
depicted on the Map as ``Water Resource Infrastructure'';
(3) the approximately 2,263 acres of land as generally
depicted on the Map as ``Recreation and Public Purposes''; and
(4) the approximately 815 acres of land as generally
depicted on the Map as Forest Service recreation parcels.
(d) Costs.--Any costs relating to the conveyance under subsection
(b)(1), including any costs for surveys and other administrative costs,
shall be paid by the Secretary of the Interior.
(e) Use of Land.--
(1) Flood control and management area.--
(A) In general.--The land described in subsection
(c)(1) shall be managed by the County for--
(i) any infrastructure project required for
municipal water and flood management
activities;
(ii) fuels reduction projects;
(iii) recreation, including the
construction of trails and trailhead
facilities;
(iv) the use of motorized vehicles on
designated roads, trails, and areas;
(v) undeveloped open space, customary
agricultural practices, wildlife protection;
and
(vi) the preservation of the natural
characteristics of the land, in perpetuity.
(B) Reversion.--If the land described in subsection
(c)(1) is used in a manner that is inconsistent with
the uses described in this paragraph, the land shall,
at the discretion of the Secretary concerned, revert to
the United States.
(2) Water resource infrastructure.--
(A) In general.--The land described in subsection
(c)(2) shall be managed by the County for--
(i) any infrastructure project required for
municipal water and flood management
activities;
(ii) fuels reduction projects;
(iii) passive recreation;
(iv) undeveloped open space and wildlife
protection; and
(v) the preservation of the natural
characteristics of the land, in perpetuity.
(B) Reversion.--If the land described in subsection
(c)(2) is used in a manner that is inconsistent with
the uses described in this paragraph, the land shall,
at the discretion of the Secretary concerned, revert to
the United States.
(3) Recreation and public purposes.--
(A) In general.--The land described in subsection
(c)(3) shall be managed by the County for--
(i) undeveloped open space; and
(ii) recreation or other public purposes
consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(B) Reversion.--If the land described in subsection
(c)(3) is used in a manner that is inconsistent with
the uses described in this paragraph, the land shall,
at the discretion of the Secretary concerned, revert to
the United States.
(4) Forest service recreation.--
(A) In general.--The land described in subsection
(c)(4) shall be managed by the County for--
(i) undeveloped open space;
(ii) customary agricultural practices;
(iii) wildlife protection; and
(iv) the preservation of the natural
characteristics of the land, in perpetuity.
(B) Reversion.--If the land described in subsection
(c)(4) is used in a manner that is inconsistent with
the uses described in this paragraph, the land shall,
at the discretion of the Secretary concerned, revert to
the United States.
SEC. 305. SALE OF CERTAIN FEDERAL LAND.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary concerned shall, in accordance with the other provisions
of that Act and any other applicable law, and subject to valid existing
rights, conduct one or more sales of the Federal land described in
subsection (b) to qualified bidders.
(b) Description of Land.--The Federal land referred to in
subsection (a) consists of--
(1) the approximately 287 acres of public lands as
generally depicted on the Map as ``BLM Lands for Conveyance'';
and
(2) not more than 10,000 acres of land in the County that--
(A) is not segregated or withdrawn on or after the
date of enactment of this Act, unless the land is
withdrawn in accordance with subsection (g); and
(B) is identified for disposal by the Secretary
concerned through--
(i) the Carson City Consolidated Resource
Management Plan; or
(ii) any subsequent amendment to the
management plan that is undertaken with full
public involvement.
(c) Joint Selection Required.--The Secretary concerned and the
County shall jointly select which Federal land described in subsection
(b)(2) to offer for sale under subsection (a).
(d) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale of Federal land under subsection (a), the County
shall submit to the Secretary concerned a certification that qualified
bidders have agreed to comply with--
(1) County zoning ordinances; and
(2) any master plan for the area approved by the County.
(e) Method of Sale; Consideration.--The sale of Federal land under
subsection (a) shall be--
(1) through a competitive bidding process, unless otherwise
determined by the Secretary concerned; and
(2) for not less than fair market value.
(f) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not later than 30 days before any land
described in subsection (b)(2)(B) is offered for sale under
subsection (a), the State or County may elect to obtain the
land for public purposes in accordance with the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.).
(2) Retention.--Pursuant to an election made under
paragraph (1), the Secretary concerned shall retain the elected
land for conveyance to the State or County in accordance with
the Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the Federal land described
in subsection (b) is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under mining laws; and
(C) operation of the mineral laws, geothermal
leasing laws, and mineral material laws.
(2) Exception.--Paragraph (1)(A) shall not apply to a sale
made consistent with this section or an election by the County
or the State to obtain the land described in subsection (b) for
public purposes under the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869
et seq.).
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act, if
there is a qualified bidder for the land described in
subsection (b), the Secretary concerned shall offer the land
for sale to the qualified bidder.
(2) Postponement; exclusion from sale.--At the request of
the County, the Secretary concerned may temporarily postpone or
exclude from the sale all or a portion of the land described in
subsection (b).
(i) Disposition of Proceeds.--
(1) In general.--Of the proceeds from the sale of land
under this section--
(A) 5 percent shall be disbursed to the State for
use by the State for general education programs of the
State;
(B) 10 percent shall be disbursed to the County for
use by the County to implement the County Open Space
and Agricultural Implementation Plan; and
(C) 85 percent shall be deposited in a special
account in the Treasury of the United States, to be
known as the ``Douglas County Special Account'', which
shall be available to the Secretary concerned until
expended, without further appropriation--
(i) to reimburse costs incurred by the
Secretary concerned in preparing for the sale
of the land described in subsection (b),
including--
(I) the costs of surveys and
appraisals; and
(II) compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and sections 202
and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712,
1713);
(ii) to reimburse costs incurred by the
Bureau of Land Management and the Forest
Service in preparing for and carrying out the
transfers of land to be held in trust by the
United States under title II; and
(iii) to acquire environmentally sensitive
land or an interest in environmentally
sensitive land in the County, pursuant to the
Douglas County Open Space and Agricultural
Lands Preservation Implementation Plan that is
undertaken with full public involvement.
(j) Availability of Funds.--Section 4(e) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346;
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123
Stat. 1114) is amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
and White Pine Counties and Washoe County (subject to paragraph
4)) and Carson City (subject to paragraph (5))'' and inserting
``Clark, Lincoln, and White Pine Counties, Washoe County
(subject to paragraph (4)), Carson City subject to paragraph
(5)), and Douglas County (subject to paragraph (6))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
and White Pine Counties and Carson City (subject to paragraph
(5))'' and inserting ``Clark, Lincoln, and White Pine Counties,
Washoe County (subject to paragraph (4)), Carson City (subject
to paragraph (5)), and Douglas County (subject to paragraph
(6))''; and
(3) by adding at the end the following:
``(6) Limitation for douglas county.--Douglas County shall
be eligible to nominate for expenditure amounts to acquire land
or an interest in land for parks, trails, or natural areas and
for conservation initiatives--
``(A) within the Carson River watershed;
``(B) within the Walker River watershed; or
``(C) for the protection of sage grouse.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line