Pershing County Economic Development and Conservation Act

I 116TH CONGRESS 1ST SESSION H. R. 252 To promote conservation, improve public land management, and provide for sensible development in Pershing County, Nevada, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2019 Mr. AMODEI introduced the following bill; which was referred to the Committee on Natural Resources A BILL To promote conservation, improve public land management, and provide for sensible development in Pershing County, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Pershing County Economic Development and Conserva- 5 tion Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents of 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Definitions. VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 2 •HR 252 IH TITLE I—CHECKERBOARD LAND RESOLUTION Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Sale or exchange of eligible land. Sec. 104. Disposition of proceeds. TITLE II—LAND CONVEYANCES AND TRANSFERS Sec. 201. Conveyances of covered land. Sec. 202. Conveyance of land for use as a public cemetery. TITLE III—WILDERNESS AREAS Sec. 301. Additions to the National Wilderness Preservation System. Sec. 302. Administration. Sec. 303. Wildlife management. Sec. 304. Release of wilderness study areas. Sec. 305. Native American cultural and religious uses. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COUNTY.—The term ‘‘County’’ means Per- 3 shing County, Nevada. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of the Interior. 6 (3) STATE.—The term ‘‘State’’ means the State 7 of Nevada. 8 (4) WILDERNESS AREA.—The term ‘‘wilderness 9 area’’ means a wilderness area designated by section 10 301(a). 11 TITLE I—CHECKERBOARD LAND 12 RESOLUTION 13 SEC. 101. FINDINGS. 14 Congress finds that— 15 (1) since the passage of the Act of July 1, 1862 16 (12 Stat. 489, chapter 120) (commonly known as 17 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 3 •HR 252 IH the ‘‘Pacific Railway Act of 1862’’), under which 1 railroad land grants along the Union Pacific Rail- 2 road right-of-way created a checkerboard land pat- 3 tern of alternating public land and privately owned 4 land, management of the land in the checkerboard 5 area has been a constant source of frustration for 6 both private landholders and the Federal Govern- 7 ment; 8 (2) management of Federal land in the checker- 9 board area has been costly and difficult for the Fed- 10 eral land management agencies, creating a disincen- 11 tive to manage the land effectively; 12 (3) parcels of land within the checkerboard area 13 in the County will not vary significantly in appraised 14 value by acre due to the similarity of highest and 15 best use in the County; and 16 (4) consolidation of appropriate land within the 17 checkerboard area through sales and as acre-for-acre 18 exchanges for development and Federal management 19 will— 20 (A) help improve the tax base of the Coun- 21 ty; and 22 (B) simplify management for the Federal 23 Government. 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 4 •HR 252 IH SEC. 102. DEFINITIONS. 1 In this title: 2 (1) ELIGIBLE LAND.—The term ‘‘eligible land’’ 3 means— 4 (A) any land administered by the Director 5 of the Bureau of Land Management that is 6 within the area identified on the Map as 7 ‘‘Checkerboard Lands Resolution Area’’ that is 8 designated for disposal by the Secretary 9 through— 10 (i) the Winnemucca Consolidated Re- 11 source Management Plan; or 12 (ii) any subsequent amendment or re- 13 vision to the management plan that is un- 14 dertaken with full public involvement; and 15 (B) the land identified on the Map as ‘‘Ad- 16 ditional Lands Eligible for Disposal’’. 17 (2) MAP.—The term ‘‘Map’’ means the map en- 18 titled ‘‘Pershing County Checkerboard Lands Reso- 19 lution’’ and dated February 9, 2017. 20 SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND. 21 (a) AUTHORIZATION OF CONVEYANCE.—Notwith- 22 standing sections 202 and 203, subsections (b) through 23 (i) of section 206, and section 209 of the Federal Land 24 Policy and Management Act of 1976 (43 U.S.C. 1712, 25 1713, 1716, 1719), the Secretary, in cooperation with the 26 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 5 •HR 252 IH County, in accordance with this Act and any other applica- 1 ble law, and subject to valid existing rights, shall conduct 2 sales or exchanges of the eligible land. 3 (b) JOINT SELECTION REQUIRED.—The Secretary 4 and the County shall jointly select which parcels of eligible 5 land to offer for sale or exchange under subsection (a). 6 (c) COMPLIANCE WITH LOCAL PLANNING AND ZON- 7 ING LAWS.—Before carrying out a sale or exchange under 8 subsection (a), the County shall submit to the Secretary 9 a certification that qualified bidders have agreed to comply 10 with— 11 (1) local zoning ordinances; and 12 (2) any master plan for the area approved by 13 the County. 14 (d) METHOD OF SALE OR EXCHANGE.— 15 (1) IN GENERAL.—The sale or exchange of eli- 16 gible land under subsection (a) shall be— 17 (A) consistent with subsections (b), (d), 18 and (f) of section 203 and section 206(a) of the 19 Federal Land Policy and Management Act of 20 1976 (43 U.S.C. 1713, 1716(a)); and 21 (B) conducted through— 22 (i) a sale, which shall be— 23 (I) through a competitive bidding 24 process, under which adjoining land- 25 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 6 •HR 252 IH owners are offered the first option, 1 unless otherwise determined by the 2 Secretary; 3 (II) for not less than fair market 4 value, based on an appraisal in ac- 5 cordance with the Uniform Standards 6 of Professional Appraisal Practice; 7 and 8 (III) conducted in accordance 9 with subsection (f); or 10 (ii) subject to paragraph (3), an acre- 11 for-acre exchange for private land located 12 within a Management Priority Area identi- 13 fied under paragraph (4)(A). 14 (2) MASS APPRAISAL.—Not later than 1 year 15 after the date of enactment of this Act, and every 16 5 years thereafter, the Secretary shall— 17 (A) conduct a mass appraisal of the eligi- 18 ble land to determine whether any parcel of eli- 19 gible land is likely valued at equal to or greater 20 than $500 per acre (in 2017 constant dollars, 21 as measured by the Consumer Price Index); 22 and 23 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 7 •HR 252 IH (B) make available to the public the results 1 of the mass appraisal conducted under subpara- 2 graph (A). 3 (3) EXCLUSION.— 4 (A) IN GENERAL.—If the Secretary deter- 5 mines that a parcel of eligible land is likely val- 6 ued at equal to or greater than $500 per acre 7 (in 2017 constant dollars, as measured by the 8 Consumer Price Index) under paragraph 9 (2)(A), the Secretary shall exclude that parcel 10 from the acre-for-acre exchange described in 11 paragraph (1)(B)(ii). 12 (B) PUBLICATION IN FEDERAL REG- 13 ISTER.—If a mass appraisal of eligible land 14 under paragraph (2)(A) is not finalized, or up- 15 to-date and publicly available, before an acre- 16 for-acre exchange described in paragraph 17 (1)(B)(ii) is completed, the Secretary may final- 18 ize the exchange if the Secretary publishes in 19 the Federal Register— 20 (i) a determination stating that the 21 one or more parcels of eligible land in- 22 cluded in the exchange are likely valued at 23 less than $500 per acre (in 2017 constant 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 8 •HR 252 IH dollars, as measured by the Consumer 1 Price Index); and 2 (ii) a description of the methodology 3 used to arrive at that determination. 4 (4) MANAGEMENT PRIORITY AREAS.— 5 (A) IN GENERAL.—Subject to subpara- 6 graph (B), not later than 1 year after the date 7 of enactment of this Act, for the purpose of the 8 exchanges authorized under paragraph 9 (1)(B)(ii), the Secretary— 10 (i) shall identify Management Priority 11 Areas within the Checkerboard Lands Res- 12 olution Area, as identified on the Map, 13 that are considered by the Secretary to 14 be— 15 (I) greater sage-grouse habitat; 16 (II) part of an identified wildlife 17 corridor or designated critical habitat; 18 (III) of value for outdoor recre- 19 ation or public access for hunting, 20 fishing, and other recreational pur- 21 poses; 22 (IV) of significant cultural, his- 23 toric, ecological, or scenic value; or 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 9 •HR 252 IH (V) of value for improving Fed- 1 eral land management; and 2 (ii) as appropriate, may identify addi- 3 tional management priority areas in the 4 County any time after the identification 5 under clause (i) is completed. 6 (B) LIMITATION.—Management of Federal 7 land within any Management Priority Area 8 identified under subparagraph (A) shall not be 9 changed based solely on that identification. 10 (e) WITHDRAWAL.— 11 (1) IN GENERAL.—Subject to valid existing 12 rights and mining claims for which the claims main- 13 tenance fees have been paid in the applicable assess- 14 ment year, effective on the date on which a parcel 15 of eligible land is selected for sale or exchange under 16 subsection (b), that parcel is withdrawn from— 17 (A) all forms of entry and appropriation 18 under the public land laws, including the min- 19 ing laws; 20 (B) location, entry, and patent under the 21 mining laws; and 22 (C) operation of the mineral leasing and 23 geothermal leasing laws. 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 10 •HR 252 IH (2) TERMINATION.—The withdrawal of a parcel 1 of eligible land under paragraph (1) shall termi- 2 nate— 3 (A) on the date of sale or, in the case of 4 exchange, the conveyance of title of the parcel 5 of eligible land under this title; or 6 (B) with respect to any parcel of eligible 7 land selected for sale or exchange under sub- 8 section (b) that is not sold or exchanged, not 9 later than 2 years after the date on which the 10 parcel was offered for sale or exchange under 11 this title. 12 (f) PARAMETERS FOR SALE OR EXCHANGE.— 13 (1) SALES.— 14 (A) DEADLINE.—Except as provided in 15 paragraph (3), not later than 1 year after the 16 date of enactment of this Act, and not less fre- 17 quently than once per year thereafter until the 18 date on which the limitation in subparagraph 19 (B) has been reached or the date on which the 20 County requests a postponement under para- 21 graph (3), the Secretary shall offer for sale the 22 parcels of eligible land jointly selected under 23 subsection (b). 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 11 •HR 252 IH (B) LIMITATION.—The total acreage of eli- 1 gible land sold under this title shall consist of 2 not more than 150,000 acres of eligible land. 3 (2) DEADLINE FOR EXCHANGES.—Except as 4 provided in paragraph (3), not later than 1 year 5 after the date on which the Management Priority 6 Areas are identified under subsection (d)(4)(A), and 7 not less frequently than once per year thereafter 8 until the date on which all of the parcels of eligible 9 land have been disposed of or the date on which the 10 County requests a postponement under paragraph 11 (3), the Secretary shall offer for exchange the par- 12 cels of eligible land jointly selected under subsection 13 (b). 14 (3) POSTPONEMENT; EXCLUSION FOR SALE OR 15 EXCHANGE.— 16 (A) REQUEST BY COUNTY FOR POSTPONE- 17 MENT OR EXCLUSION.—At the request of the 18 County, the Secretary shall postpone or exclude 19 from a sale or exchange all or a portion of the 20 eligible land jointly selected under subsection 21 (b). 22 (B) INDEFINITE POSTPONEMENT.—Unless 23 specifically requested by the County, a post- 24 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 12 •HR 252 IH ponement under subparagraph (A) shall not be 1 indefinite. 2 (C) POSTPONEMENT OR EXCLUSION BY 3 THE SECRETARY.—The Secretary may postpone 4 or exclude from a sale or exchange all or a por- 5 tion of the eligible land jointly selected under 6 subsection (b) for emergency ecological or safe- 7 ty reasons. 8 SEC. 104. DISPOSITION OF PROCEEDS. 9 (a) DISPOSITION OF PROCEEDS.—Of the proceeds 10 from the sale of land under section 103 or 201— 11 (1) 5 percent shall be disbursed to the State for 12 use in the general education program of the State; 13 (2) 10 percent shall be disbursed to the County 14 for use as determined through normal County budg- 15 eting procedures; and 16 (3) the remainder shall be deposited in a special 17 account in the Treasury of the United States, to be 18 known as the ‘‘Pershing County Special Account’’, 19 which shall be available to the Secretary, in con- 20 sultation with the County, for— 21 (A) the reimbursement of costs incurred by 22 the Department of the Interior in preparing for 23 the sale or exchange of the eligible land, includ- 24 ing— 25 VerDate Sep 11 2014 23:13 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H252.IH H252 pbinns on DSK79D2C42PROD with BILLS 13 •HR 252 IH (i) the costs of surveys and appraisals; 1 and 2 (ii) the costs of compliance with the 3 National Environmental Policy Act of 4 1969 (42 U.S.C. 4321 et seq.) and sec- 5 tions 202 and 203 of the Federal Land 6 Policy and Management Act of 1976 (43 7 U.S.C. 1712, 1713); 8 (B) the conduct of wildlife habitat con- 9 servation and restoration projects, including 10 projects that benefit the greater sage-grouse in 11 the County; 12 (C) a project or activity carried out in the 13 County to address drought conditions; 14 (D) the implementation of wildfire presup- 15 pression and restoration projects in the County; 16 ( [Text truncated for display. 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