Douglas County Economic Development and Conservation Act

II 116TH CONGRESS 1ST SESSION S. 2890 To 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 NOVEMBER 18, 2019 Ms. CORTEZ MASTO (for herself and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To 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 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 ‘‘Douglas 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 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 2 •S 2890 IS TITLE I—LAND CONVEYANCES AND SALES Sec. 101. Conveyance to State. Sec. 102. Tahoe Rim Trail. Sec. 103. Conveyance to County. Sec. 104. Sale of certain Federal land. Sec. 105. Open space recreation area. TITLE II—TRIBAL CULTURAL RESOURCES Sec. 201. Transfer of land to be held in trust for Tribe. TITLE III—RESOLUTION OF BURBANK CANYONS WILDERNESS STUDY AREA Sec. 301. Addition to National Wilderness Preservation System. Sec. 302. Administration. Sec. 303. Fish and wildlife management. Sec. 304. Release of wilderness study area. Sec. 305. Native American cultural and religious uses. TITLE IV—TRANSFER OF ADMINISTRATIVE JURISDICTION OVER FOREST SERVICE LAND Sec. 401. Authority to transfer. Sec. 402. Special use permits for recreation and public purposes. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COUNTY.—The term ‘‘County’’ means 3 Douglas County, Nevada. 4 (2) MAP.—The term ‘‘Map’’ means the map en- 5 titled ‘‘Douglas County Economic Development and 6 Conservation Act’’ and dated October 14, 2019. 7 (3) PUBLIC LAND.—The term ‘‘public land’’ 8 has the meaning given the term ‘‘public lands’’ in 9 section 103 of the Federal Land Policy and Manage- 10 ment Act of 1976 (43 U.S.C. 1702). 11 (4) SECRETARY CONCERNED.—The term ‘‘Sec- 12 retary concerned’’ means— 13 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 3 •S 2890 IS (A) with respect to National Forest Sys- 1 tem land, the Secretary of Agriculture, acting 2 through the Chief of the Forest Service; and 3 (B) with respect to land managed by the 4 Bureau of Land Management, including land 5 held in trust for the benefit of the Tribe, the 6 Secretary of the Interior. 7 (5) STATE.—The term ‘‘State’’ means the State 8 of Nevada. 9 (6) TRIBE.—The term ‘‘Tribe’’ means the 10 Washoe Tribe of Nevada and California. 11 (7) WILDERNESS.—The term ‘‘Wilderness’’ 12 means the Burbank Canyons Wilderness designated 13 by section 301(a). 14 TITLE I—LAND CONVEYANCES 15 AND SALES 16 SEC. 101. CONVEYANCE TO STATE. 17 (a) IN GENERAL.—Subject to valid existing rights, 18 the Secretary concerned shall convey to the State, without 19 consideration, all right, title, and interest of the United 20 States in and to the land described in subsection (b). 21 (b) DESCRIPTION OF LAND.—The land referred to in 22 subsection (a) is the approximately 67 acres of Forest 23 Service land generally depicted as ‘‘Lake Tahoe-Nevada 24 State Park’’ on the Map. 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 4 •S 2890 IS (c) COSTS.—As a condition of the conveyance under 1 subsection (a), the State shall pay all costs associated with 2 the conveyance (including any costs for surveys and other 3 administrative costs). 4 (d) USE OF LAND.— 5 (1) IN GENERAL.—The land conveyed to the 6 State under subsection (a) shall be used only for— 7 (A) the conservation of wildlife or natural 8 resources; or 9 (B) a public park. 10 (2) FACILITIES.—Any facility on land conveyed 11 under subsection (a) shall be constructed and man- 12 aged in accordance with the uses described in para- 13 graph (1). 14 (e) REVERSION.—If any portion of the land conveyed 15 under subsection (a) is used in a manner that is incon- 16 sistent with the uses described in subsection (d), the land 17 shall, at the discretion of the Secretary concerned, revert 18 to the United States. 19 SEC. 102. TAHOE RIM TRAIL. 20 (a) IN GENERAL.—The Secretary of Agriculture, in 21 consultation with the County and other stakeholders, shall 22 develop and implement a cooperative management agree- 23 ment for the land described in subsection (b)— 24 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 5 •S 2890 IS (1) to improve the quality of recreational access 1 to the land by providing such additional amenities as 2 are agreed to by the Secretary and the County; and 3 (2) to conserve the natural resource values of 4 the land. 5 (b) DESCRIPTION OF LAND.—The land referred to in 6 subsection (a) is the approximately 13 acres of land gen- 7 erally depicted as ‘‘Tahoe Rim Trail North Parcel’’ on the 8 Map. 9 SEC. 103. CONVEYANCE TO COUNTY. 10 (a) DEFINITION OF FEDERAL LAND.—In this sec- 11 tion, the term ‘‘Federal land’’ means the approximately 12 7,777 acres of Federal land in the County generally de- 13 picted as ‘‘Douglas County Land Conveyances’’ on the 14 Map. 15 (b) AUTHORIZATION OF CONVEYANCE.—Subject to 16 valid existing rights and notwithstanding the land use 17 planning requirements of section 202 of the Federal Land 18 Policy and Management Act of 1976 (43 U.S.C. 1712), 19 not later than 180 days after the date on which the Sec- 20 retary concerned receives a request from the County for 21 the conveyance of the Federal land, the Secretary con- 22 cerned shall convey to the County, without consideration, 23 all right, title, and interest of the United States in and 24 to the Federal land. 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 6 •S 2890 IS (c) COSTS.—As a condition of the conveyance under 1 subsection (b), the County shall pay all costs associated 2 with the conveyance (including any costs for surveys and 3 other administrative costs). 4 (d) USE OF FEDERAL LAND.—The Federal land con- 5 veyed under subsection (b)— 6 (1) may be used by the County for flood control 7 or any other public purpose consistent with the Act 8 of June 14, 1926 (commonly known as the ‘‘Recre- 9 ation and Public Purposes Act’’) (43 U.S.C. 869 et 10 seq.); and 11 (2) shall not be disposed of by the County. 12 (e) REVERSION.—If the Federal land conveyed under 13 subsection (b) is used in a manner inconsistent with sub- 14 section (d), the Federal land shall, at the discretion of the 15 Secretary concerned, revert to the United States. 16 (f) ACQUISITION OF FEDERAL REVERSIONARY IN- 17 TEREST.— 18 (1) REQUEST.—The County may submit to the 19 Secretary concerned a request to acquire the Federal 20 reversionary interest in all or any portion of the 21 Federal land conveyed under subsection (b). 22 (2) APPRAISAL.— 23 (A) IN GENERAL.—Not later than 180 24 days after the date of receipt of a request under 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 7 •S 2890 IS paragraph (1), the Secretary concerned shall 1 complete an appraisal of the Federal rever- 2 sionary interest in the Federal land requested 3 by the County. 4 (B) REQUIREMENT.—The appraisal under 5 subparagraph (A) shall be completed in accord- 6 ance with— 7 (i) the Uniform Appraisal Standards 8 for Federal Land Acquisitions; and 9 (ii) the Uniform Standards of Profes- 10 sional Appraisal Practice. 11 (3) CONVEYANCE REQUIRED.— 12 (A) IN GENERAL.—If, by the date that is 13 1 year after the date of completion of the ap- 14 praisal under paragraph (2), the County sub- 15 mits to the Secretary concerned an offer to ac- 16 quire the Federal reversionary interest re- 17 quested under paragraph (1), the Secretary 18 concerned, by not later than the date that is 30 19 days after the date on which the offer is sub- 20 mitted, shall convey to the County that rever- 21 sionary interest. 22 (B) CONSIDERATION.—As consideration 23 for the conveyance of the Federal reversionary 24 interest under subparagraph (A), the County 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 8 •S 2890 IS shall pay to the Secretary concerned an amount 1 equal to the appraised value of the Federal re- 2 versionary interest, as determined under para- 3 graph (2). 4 (C) COSTS.—As a condition of conveyance 5 of the Federal reversionary interest under sub- 6 paragraph (A), the County shall pay all costs 7 associated with the conveyance (including any 8 costs for surveys and other administrative 9 costs). 10 (4) DISPOSITION OF PROCEEDS.—Any amounts 11 collected under this subsection shall be disposed of 12 in accordance with section 104(i). 13 (g) REVOCATION OF ORDERS.—Any public land order 14 that withdraws any portion of the Federal land from ap- 15 propriation or disposal under a public land law shall be 16 revoked to the extent necessary to permit disposal of the 17 Federal land under this section. 18 SEC. 104. SALE OF CERTAIN FEDERAL LAND. 19 (a) IN GENERAL.—Notwithstanding sections 202 and 20 203 of the Federal Land Policy and Management Act of 21 1976 (43 U.S.C. 1712, 1713), the Secretary concerned 22 shall, in accordance with the other provisions of that Act 23 and any other applicable law, and subject to valid existing 24 rights, conduct 1 or more sales of the Federal land (in- 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 9 •S 2890 IS cluding mineral rights to that land) described in sub- 1 section (b) to qualified bidders. 2 (b) DESCRIPTION OF LAND.—The Federal land re- 3 ferred to in subsection (a) is— 4 (1) the approximately 59.5 acres of public land 5 generally depicted as ‘‘Lands for Disposal’’ on the 6 Map; 7 (2) not more than 10,000 acres of land in the 8 County that— 9 (A) is not segregated or withdrawn on or 10 after the date of enactment of this Act, unless 11 the land is withdrawn in accordance with sub- 12 section (g); and 13 (B) is identified for disposal by the Sec- 14 retary concerned through— 15 (i) the Carson City Consolidated Re- 16 source Management Plan; or 17 (ii) any subsequent amendment to 18 that management plan that is undertaken 19 with full public involvement; and 20 (3) any mineral right associated with land de- 21 scribed in paragraph (1) or (2). 22 (c) JOINT SELECTION REQUIRED.—The Secretary 23 concerned and the County shall jointly select which parcels 24 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 10 •S 2890 IS of the Federal land described in subsection (b)(2) to offer 1 for sale under subsection (a). 2 (d) COMPLIANCE WITH LOCAL PLANNING AND ZON- 3 ING LAWS.—Before carrying out a sale of Federal land 4 under subsection (a), the County shall submit to the Sec- 5 retary concerned a certification that qualified bidders have 6 agreed to comply with— 7 (1) County zoning ordinances; and 8 (2) any master plan for the area approved by 9 the County. 10 (e) METHOD OF SALE.—The sale of Federal land 11 under subsection (a) shall be— 12 (1) through a competitive bidding process, un- 13 less otherwise determined by the Secretary con- 14 cerned; and 15 (2) for not less than fair market value. 16 (f) RECREATION AND PUBLIC PURPOSES ACT CON- 17 VEYANCES.— 18 (1) IN GENERAL.—Not later than 30 days be- 19 fore any land described in subsection (b) is offered 20 for sale under subsection (a), the State or County 21 may elect to obtain the land for public purposes, in 22 accordance with the Act of June 14, 1926 (com- 23 monly known as the ‘‘Recreation and Public Pur- 24 poses Act’’) (43 U.S.C. 869 et seq.). 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 11 •S 2890 IS (2) RETENTION.—Pursuant to an election made 1 under paragraph (1), the Secretary concerned shall 2 retain the relevant land for conveyance to the State 3 or County in accordance with the Act of June 14, 4 1926 (commonly known as the ‘‘Recreation and 5 Public Purposes Act’’) (43 U.S.C. 869 et seq.). 6 (g) WITHDRAWAL.— 7 (1) IN GENERAL.—Subject to valid existing 8 rights and except as provided in paragraph (3), the 9 Federal land described in subsection (b) is with- 10 drawn from— 11 (A) all forms of entry, appropriation, or 12 disposal under the public land laws; 13 (B) location, entry, and patent under the 14 mining laws; and 15 (C) disposition under all laws relating to 16 mineral and geothermal leasing or mineral ma- 17 terials. 18 (2) TERMINATION.—The withdrawal under 19 paragraph (1) shall terminate— 20 (A) on the date of sale or conveyance of 21 title to the land described in subsection (b) pur- 22 suant to this section; or 23 (B) with respect to any land described in 24 subsection (b) that is not sold or exchanged, 25 VerDate Sep 11 2014 04:38 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2890.IS S2890 kjohnson on DSK79L0C42 with BILLS 12 •S 2890 IS not later than 1 year after the date on which 1 the land was offered for sale under this section. 2 (3) EXCEPTION.—Paragraph (1)(A) shall not 3 apply to— 4 (A) a sale conducted in accordance with 5 this section; or 6 (B) an election by the State or County 7 under subsection (f)(1). 8 (h) DEADLINE FOR SALE.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), not later than 1 year after the date of en- 11 actment of this Act, if there is a qualified bidder for 12 the land described in subsection (b), the Secretary 13 concerned shall offer the land for sale to the quali- 14 fied bidder. 15 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 16 At the request of the County, the Secretary con- 17 cerned may temporarily postpone or exclude from 18 sale under paragraph (1) all or a portion of the land 19 described in subsection (b). 20 (i) DISPOSITION OF PROCEEDS.—Of the proceeds of 21 a sale under [Text truncated for display. 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