Carson City Public Land Correction Act

II 117TH CONGRESS 1ST SESSION S. 1412 To provide for the conveyance of certain Federal land in Carson City, Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 28, 2021 Ms. ROSEN (for herself and Ms. CORTEZ MASTO) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To provide for the conveyance of certain Federal land in Carson City, Nevada, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Carson City Public 4 Land Correction Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ACCOUNT.—The term ‘‘Account’’ means the 8 Carson City Special Account established by section 9 2601(e)(1)(B) of the Omnibus Public Land Manage- 10 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1412 IS ment Act of 2009 (Public Law 111–11; 123 Stat. 1 1113). 2 (2) CARSON CITY FEDERAL LAND COLLABORA- 3 TION COMMITTEE.—The term ‘‘Carson City Federal 4 Land Collaboration Committee’’ means a committee 5 composed of— 6 (A) the city manager of the City; 7 (B) a designee of the city manager of the 8 City; and 9 (C) not more than 3 members appointed 10 by the Carson City Board of Supervisors to rep- 11 resent areas of City government, including— 12 (i) the parks, recreation, and open 13 space department of the City; 14 (ii) the community development de- 15 partment of the City; and 16 (iii) the property management depart- 17 ment of the City. 18 (3) CITY.—The term ‘‘City’’ means Carson 19 City, Nevada. 20 (4) COVERED LAND SALE.—The term ‘‘covered 21 land sale’’ means— 22 (A) a sale or disposal of land under section 23 3, 4, 5, or 6; and 24 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1412 IS (B) a sale of land under subparagraph (E) 1 of section 2601(b)(4) of the Omnibus Public 2 Land Management Act of 2009 (Public Law 3 111–11; 123 Stat. 1110) (as amended by sec- 4 tion 8(a)). 5 (5) MAP.—The term ‘‘Map’’ means the map en- 6 titled ‘‘Carson City OPLMA Lands 2021’’ and dated 7 April 26, 2021. 8 (6) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior. 10 SEC. 3. CONVEYANCE TO CARSON CITY, NEVADA. 11 (a) IN GENERAL.—Subject to valid existing rights 12 and notwithstanding the land use planning requirements 13 of section 202 of the Federal Land Policy and Manage- 14 ment Act of 1976 (43 U.S.C. 1712), the Secretary shall 15 convey to the City, without consideration, all right, title, 16 and interest of the United States in and to the Federal 17 land described in subsection (b). 18 (b) DESCRIPTION OF FEDERAL LAND.—The Federal 19 land referred to in subsection (a) is the approximately 258 20 acres of Federal land depicted as ‘‘Lands to Acquire’’ on 21 the Map. 22 (c) COSTS.—Any costs relating to the conveyance 23 under subsection (a) (including costs of surveys and ad- 24 ministrative costs)— 25 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1412 IS (1) shall be paid by the City; and 1 (2) are eligible for reimbursement from the Ac- 2 count. 3 (d) SALE OF LAND TO THIRD PARTIES.—If the City 4 subsequently sells all or a portion of the Federal land con- 5 veyed to the City under subsection (a)— 6 (1) the sale shall be for fair market value; and 7 (2) the proceeds from the sale shall be depos- 8 ited in the Account. 9 SEC. 4. CARSON CITY STREET CONNECTOR CONVEYANCE. 10 (a) IN GENERAL.—The Secretary of Agriculture shall 11 convey to the City, without consideration, all right, title, 12 and interest of the United States in and to the parcel of 13 Federal land described in subsection (b) for the expansion 14 of a roadway in the City. 15 (b) DESCRIPTION OF FEDERAL LAND.—The parcel 16 of Federal land referred to in subsection (a) is the ap- 17 proximately 0.45 acres of Forest Service land depicted as 18 ‘‘Proposed Land Transfer’’ on the map entitled ‘‘Carson 19 City OPLMA Lands’’ and dated April 28, 2020. 20 (c) COSTS.—Any costs relating to the conveyance 21 under subsection (a) (including any costs for surveys and 22 other administrative costs) shall be paid by the City. 23 (d) REVERSION.—If the Federal land conveyed to the 24 City under subsection (a) is used in a manner that is in- 25 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1412 IS consistent with the use authorized under that subsection, 1 the Federal land shall, at the discretion of the Secretary 2 of Agriculture, revert to the United States. 3 SEC. 5. DISPOSAL OF FEDERAL LAND. 4 (a) DISPOSAL.—Subject to valid existing rights and 5 notwithstanding the land use planning requirements of 6 section 202 of the Federal Land Policy and Management 7 Act of 1976 (43 U.S.C. 1712), the Secretary shall dispose 8 of the land described in subsection (b). 9 (b) DESCRIPTION OF LAND.—The land referred to in 10 subsection (a) is the approximately 28 acres of Federal 11 land depicted as ‘‘Prison Hills Property’’ on the Map. 12 (c) COSTS.—Any costs relating to the disposal of 13 Federal land under subsection (a) (including costs of sur- 14 veys and administrative costs) shall be paid by the person 15 who enters into the disposal agreement with the Secretary 16 for the land described in subsection (b). 17 (d) CONDITIONS.—On disposal of the land under sub- 18 section (a), the City shall retain— 19 (1) a public access and utility easement concur- 20 rent with Koontz Lane and Conti Drive in the City, 21 which provides waterlines and access to the water 22 tank and trailhead immediately east of the parcels of 23 Federal land described in subsection (b); and 24 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1412 IS (2) an existing drainage easement for a future 1 detention basin located on APN 010–152–06 de- 2 picted as ‘‘Lands for BLM Disposal’’ on the Map. 3 SEC. 6. TRANSFER OF LAND TO THE UNITED STATES. 4 (a) CONVEYANCE.—If the City offers to convey to the 5 Secretary all right and title of the City in and to the land 6 described in subsection (b), not later than 180 days after 7 the date of the offer, the Secretary shall accept the offer. 8 (b) DESCRIPTION OF LAND.—The land referred to in 9 subsection (a) is the approximately 21 acres of land de- 10 picted as ‘‘Bennett Ave Properties’’ and ‘‘Pinion Hills Dr 11 Property’’ on the Map. 12 (c) DISPOSAL BY SECRETARY OF THE INTERIOR.— 13 Subject to valid existing rights and notwithstanding the 14 land use planning requirements of section 202 of the Fed- 15 eral Land Policy and Management Act of 1976 (43 U.S.C. 16 1712), the Secretary shall dispose of the land conveyed 17 to the Secretary under subsection (a). 18 (d) COSTS.— 19 (1) COSTS RELATED TO CONVEYANCE.—Any 20 costs relating to the conveyance under subsection (a) 21 (including costs of surveys and administrative 22 costs)— 23 (A) shall be paid by the City; and 24 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1412 IS (B) are eligible for reimbursement from 1 the Account. 2 (2) COSTS RELATED TO DISPOSAL.—Any costs 3 relating to the disposal under subsection (c) (includ- 4 ing costs of surveys and administrative costs) shall 5 be paid by the person entering into the disposal 6 agreement with the Secretary for the land conveyed 7 under subsection (a). 8 (e) CONDITIONS.—On disposal of the land under sub- 9 section (c), the City shall retain— 10 (1) access and a public utility easement on 11 APN 010–252–02 for operation and maintenance of 12 a municipal well; and 13 (2) a public right-of-way for Bennett Avenue in 14 the City. 15 SEC. 7. DISPOSITION OF PROCEEDS. 16 (a) DISPOSITION OF PROCEEDS.—The proceeds from 17 a covered land sale shall be deposited in the Account. 18 (b) USE.—Amounts deposited in the Account under 19 subsection (a) shall be available to the Secretary or the 20 Secretary of Agriculture, as applicable, in collaboration 21 with and on approval in writing by, the Carson City Fed- 22 eral Land Collaboration Committee, for— 23 (1) the reimbursement of costs incurred by the 24 Secretary or the Secretary of Agriculture, as appli- 25 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1412 IS cable, in preparing for a covered land sale, includ- 1 ing— 2 (A) the costs of surveys and appraisals; 3 and 4 (B) the costs of compliance with— 5 (i) the National Environmental Policy 6 Act of 1969 (42 U.S.C. 4321 et seq.); and 7 (ii) sections 202 and 203 of the Fed- 8 eral Land Policy and Management Act of 9 1976 (43 U.S.C. 1712, 1713); and 10 (2) with respect to land acquired by the City 11 under a covered land sale, the reimbursement of 12 costs incurred by the City for— 13 (A) the conduct of wildlife habitat con- 14 servation and restoration projects, including 15 projects that benefit the greater sage-grouse; 16 (B) the development and implementation 17 of comprehensive, cost-effective, and multijuris- 18 dictional hazardous fuels reduction and wildfire 19 prevention and restoration projects; 20 (C) the acquisition of environmentally sen- 21 sitive land or an interest in environmentally 22 sensitive land; 23 (D) wilderness protection and processing 24 wilderness designations, including the costs of 25 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1412 IS appropriate fencing, signage, public education, 1 and enforcement for wilderness areas; 2 (E) capital improvements administered by 3 the Bureau of Land Management and the For- 4 est Service; and 5 (F) educational purposes of the City. 6 (c) INVESTMENT OF ACCOUNT.—Amounts deposited 7 in the Account under subsection (a)— 8 (1) shall earn interest in an amount determined 9 by the Secretary of the Treasury, based on the cur- 10 rent average market yield on outstanding marketable 11 obligations of the United States of comparable ma- 12 turities; and 13 (2) may be expended by the Secretary or the 14 Secretary of Agriculture, as applicable, in accord- 15 ance with this section and in collaboration with and 16 on approval in writing by, the Carson City Federal 17 Land Collaboration Committee. 18 (d) MANAGEMENT OF ACCOUNT.—The management 19 and procedures of the Account shall be determined by an 20 intergovernmental agreement between the City and the 21 Carson City Office of the Bureau of Land Management. 22 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1412 IS SEC. 8. AMENDMENTS TO THE OMNIBUS PUBLIC LAND 1 MANAGEMENT ACT OF 2009. 2 (a) AMENDMENT TO REVERSIONARY INTERESTS.— 3 Section 2601(b)(4) of the Omnibus Public Land Manage- 4 ment Act of 2009 (Public Law 111–11; 123 Stat. 1111) 5 is amended by inserting after subparagraph (D), the fol- 6 lowing: 7 ‘‘(E) SALE OR LEASE OF LAND TO THIRD 8 PARTIES.— 9 ‘‘(i) IN GENERAL.—The City may 10 enter into an agreement to sell, lease, or 11 otherwise convey all or a portion of the 12 land described in paragraph (2)(B)(iv) to 13 third parties for public purposes. 14 ‘‘(ii) CONDITION.—A sale of land 15 under clause (i) shall be for not less than 16 fair market value.’’. 17 (b) POSTPONEMENT; EXCLUSION FROM SALE.—Sec- 18 tion 2601(d) of the Omnibus Public Land Management 19 Act of 2009 (Public Law 111–11; 123 Stat. 1112) is 20 amended by striking paragraph (6) and inserting the fol- 21 lowing: 22 ‘‘(6) DEADLINE FOR SALE.—Not later than 1 23 year after the date of enactment of the Carson City 24 Public Land Correction Act, if there is a qualified 25 bidder for the land described in subparagraphs (A) 26 VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1412 IS and (B) of paragraph (2), the Secretary of the Inte- 1 rior shall offer the land for sale to the qualified bid- 2 der.’’. 3 Æ VerDate Sep 11 2014 01:50 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1412.IS S1412 pbinns on DSKJLVW7X2PROD with BILLS