Nevada Mining Townsite Conveyance Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to implement an expedited program to examine and determine the validity of each unpatented mining claim (including each claim for which a patent application has been filed) within specified mining townsites (federally owned real property in the Gold Point, Ione, Gold Hill, and Virginia City townsites within Esmeralda, Nye, and Storey, Counties, Nevada, on which improvements were constructed based on the belief that: (1) the property had been or would be acquired from the federal government by the entity that operated the mine, or (2) the individual or entity that made the improvement had a valid claim for acquiring the property from the federal government).
Directs the Secretary of the Interior, after completing the validity review, and subject to the county's agreement, to convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to any such mining townsites (including improvements) which are not subject to valid mining claims. Requires the Secretary to reserve the mineral rights in each parcel of land subject to a valid mining claim, but convey, without consideration, the remaining U.S. right, title, and interest.
Requires the county receiving such a site, if one or more individuals (occupants, for instance) prove a valid interest under Nevada law, to reconvey the property to such individual or individuals.
Withdraws the mining townsites 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 pertaining to mineral and geothermal leasing or mineral materials.
Requires withdrawal and conveyance to the owner of the surface rights of any mining claim determined valid which is abandoned, invalidated, or otherwise returned to the BLM.
Expresses the sense of Congress that the examination of certain unpatented mining claims and the conveyances should be completed not later than 18 months after enactment of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2566
To provide for the conveyance of certain public land in and around
historic mining townsites located in the State of Nevada, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2014
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 provide for the conveyance of certain public land in and around
historic mining townsites located in the State of 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.
This Act may be cited as the ``Nevada Mining Townsite Conveyance
Act''.
SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, ESMERALDA, NYE,
AND STOREY COUNTIES, NEVADA.
(a) Findings.--Congress finds that--
(1) the Federal Government owns real property in and around
historic mining townsites in the counties of Esmeralda, Nye,
and Storey in the State of Nevada;
(2) while the real property described in paragraph (1) is
under the jurisdiction of the Secretary, some of the real
property has been occupied for decades by individuals--
(A) who took possession by purchase or other
documented and putatively legal transactions; and
(B) the continued occupation by whom constitutes a
trespass on the title held by the Federal Government;
(3) as a result of the confused and conflicting ownership
claims, the real property described in paragraph (1)--
(A) is difficult to manage under multiple use
policies; and
(B) creates a continuing source of friction and
unease between the Federal Government and local
residents;
(4)(A) all of the real property described in paragraph (1)
is appropriate for disposal for the purpose of promoting
administrative efficiency and effectiveness; and
(B) as of the date of enactment of this Act, the Bureau of
Land Management has identified the mining townsites for
disposal; and
(5) to promote the responsible resource management of the
real property described in paragraph (1), certain parcels
should be conveyed to the county in which the property is
situated in accordance with land use management plans of the
Bureau of Land Management so that the county may, in addition
to other actions, dispose of the property to individuals
residing on or otherwise occupying the real property.
(b) Definitions.--In this Act:
(1) Conveyance maps.--The term ``conveyance maps'' means--
(A) the map entitled ``Original Mining Townsite
Ione Nevada'' and dated October 17, 2005;
(B) the map entitled ``Original Mining Townsite
Gold Point'' and dated October 17, 2005; and
(C) the map entitled ``Restoring Storey County
Act'' and dated November 20, 2012.
(2) Mining townsite.--The term ``mining townsite'' means
real property--
(A) located in the Gold Point, Ione, Gold Hill, and
Virginia City townsites within the counties of
Esmeralda, Nye, and Storey, Nevada, as depicted on the
conveyance maps;
(B) that is owned by the Federal Government; and
(C) on which improvements were constructed based on
the belief that--
(i) the property had been or would be
acquired from the Federal Government by the
entity that operated the mine; or
(ii) the individual or entity that made the
improvement had a valid claim for acquiring the
property from the Federal Government.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Bureau of
Land Management.
(c) Mining Claim Validity Review.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall carry out an
expedited program to examine each unpatented mining claim
(including each unpatented mining claim for which a patent
application has been filed) within each mining townsite.
(2) Determination of validity.--With respect to a mining
claim, if the Secretary determines that the elements of a
contest are present, the Secretary shall immediately determine
the validity of the mining claim.
(3) Declaration by secretary.--If the Secretary determines
a mining claim to be invalid, as soon as practicable after the
date of the determination, the Secretary shall declare the
mining claim to be null and void.
(4) Treatment of valid mining claims.--
(A) In general.--Each mining claim that the
Secretary determines to be valid shall be maintained in
compliance with the general mining laws and subsection
(d)(2)(B).
(B) Effect on holders.--A holder of a mining claim
described in subparagraph (A) shall not be entitled to
a patent.
(5) Abandonment of claim.--The Secretary shall provide--
(A) public notice that each mining claim holder may
affirmatively abandon the claim of the mining claim
holder prior to the validity review; and
(B) to each mining claim holder an opportunity to
abandon the claim of the mining claim holder before the
date on which the land that is subject to the mining
claim is conveyed.
(d) Conveyance Authority.--
(1) In general.--After completing a validity review under
subsection (c), notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713) and subject to the agreement of the county, the Secretary
shall convey to the appropriate county, without consideration,
all right, title, and interest of the United States in and to
the mining townsites (including improvements on the mining
townsites)--
(A) identified for conveyance on the conveyance
maps; and
(B) that are not subject to valid mining claims.
(2) Valid mining claims.--
(A) In general.--With respect to each parcel of
land located in a mining townsite subject to a valid
mining claim, the Secretary shall reserve the mineral
rights and otherwise convey, without consideration, the
remaining right, title, and interest of the United
States in and to the mining townsite (including
improvements on the mining townsite) that is identified
for conveyance on a conveyance map.
(B) Procedures and requirements.--Each valid mining
claim shall be subject to each procedure and
requirement described in section 9 of the Act of
December 29, 1916 (43 U.S.C. 299) (commonly known as
the ``Stockraising Homestead Act of 1916'') (including
regulations).
(3) Availability of conveyance maps.--The conveyance maps
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(e) Recipients.--
(1) Original recipient.--Subject to paragraph (2), the
conveyance of a mining townsite under subsection (d) shall be
made to the county in which the mining townsite is situated.
(2) Reconveyance to occupants.--
(A) In general.--In the case of a mining townsite
conveyed under subsection (d) for which a valid
interest is proven by 1 or more individuals, under the
provisions of Nevada Revised Statutes Chapter 244, the
county that receives the mining townsite under
paragraph (1) shall reconvey the property to the 1 or
more individuals by appropriate deed or other legal
conveyance as provided in that chapter.
(B) Authority of county.--A county described in
subparagraph (A) is not required to recognize a claim
under this paragraph that is submitted on a date that
is later than 5 years after the date of enactment of
this Act.
(f) Valid Existing Rights.--The conveyance of a mining townsite
under subsection (d) shall be subject to valid existing rights,
including any easement or other right-of-way or lease in existence as
of the date of the conveyance.
(g) Withdrawals.--Subject to valid rights in existence on the date
of enactment of this Act, and except as otherwise provided in this Act,
the mining townsites are 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 pertaining to mineral and
geothermal leasing or mineral materials.
(h) Survey.--A mining townsite to be conveyed by the United States
under subsection (d) shall be sufficiently surveyed as a whole to
legally describe the land for patent conveyance.
(i) Conveyance of Terminated Mining Claims.--If a mining claim
determined by the Secretary to be valid under subsection (c) is
abandoned, invalidated, or otherwise returned to the Bureau of Land
Management, the mining claim shall be--
(1) withdrawn in accordance with subsection (g); and
(2) subject to the agreement of the owner, conveyed to the
owner of the surface rights covered by the mining claim.
(j) Release.--On completion of the conveyance of a mining townsite
under subsection (d), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims
arising from the presence of improvements and materials on the conveyed
property.
(k) Deadline for Review and Conveyances.--It is the sense of
Congress that the examination of the unpatented mining claims under
subsection (c) and the conveyances under subsection (d) should be
completed not later than 18 months after the date of enactment of this
Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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