Northern Nevada Economic Development and Conservation Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6228 To allow for transfer of ownership of certain Federal parcels in Nevada, to allow for disposal of Federal lands in Nevada for economic develop- ment, to make technical corrections to existing law, for conservation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2020 Mr. AMODEI introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committees on Vet- erans’ Affairs, and Agriculture, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To allow for transfer of ownership of certain Federal parcels in Nevada, to allow for disposal of Federal lands in Nevada for economic development, to make technical cor- rections to existing law, for conservation, 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 ‘‘Northern Nevada Economic Development and Conserva- 5 tion Act of 2020’’. 6 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6228 IH (b) TABLE OF CONTENTS.—The table of contents of 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. TITLE I—DOUGLAS COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT Sec. 101. Purpose. Sec. 102. Definitions. Subtitle A—Land Conveyances and Sales Sec. 111. Conveyance to State of Nevada. Sec. 112. Tahoe Rim Trail. Sec. 113. Conveyance to Douglas County, Nevada. Sec. 114. Sale of certain Federal land. Sec. 115. Open Space Recreation Area. Subtitle B—Tribal Cultural Resources Sec. 121. Transfer of land to be held in trust for Tribe. Subtitle C—Resolution of Burbank Canyons Wilderness Study Area Sec. 131. Addition to National Wilderness Preservation System. Sec. 132. Administration. Sec. 133. Fish and wildlife management. Sec. 134. Release of wilderness study area. Sec. 135. Native American cultural and religious uses. Subtitle D—Transfer of Administrative Jurisdiction Over Forest Service Land Sec. 141. Authority of Forest Service to transfer administrative jurisdiction to State or County for public purposes. Sec. 142. Special use permits for recreation and public purposes. TITLE II—INCLINE VILLAGE FIRE PROTECTION ACT Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Land conveyances for public purposes. TITLE III—NORTHERN NEVADA FLOOD PROTECTION MANAGEMENT ACT Sec. 301. Purpose. Sec. 302. Definitions. Sec. 303. Land conveyances for flood protection. TITLE IV—LANDER COUNTY LAND MANAGEMENT AND CONSERVATION ACT Sec. 401. Definitions. Sec. 402. Findings. Sec. 403. Conveyance to Lander County, Nevada. Sec. 404. Survey. Sec. 405. Maps, estimates, descriptions. VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6228 IH Sec. 406. Reversion. TITLE V—RUBY MOUNTAINS PROTECTION ACT Sec. 501. Short title. Sec. 502. Withdrawal of certain National Forest System land. TITLE VI—CARSON CITY PUBLIC LANDS CORRECTION Sec. 601. Definitions. Sec. 602. Land conveyances. Sec. 603. Carson City Street Connector conveyance. Sec. 604. Amendment to reversionary interests. Sec. 605. Disposal of Federal land. Sec. 606. Transfer of land to the United States. Sec. 607. Disposition of proceeds. Sec. 608. Postponement; exclusion from sale. TITLE VII—PERSHING COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION Sec. 701. Short title; table of contents. Sec. 702. Definitions. Subtitle A—Checkerboard Land Resolution Sec. 711. Findings. Sec. 712. Definitions. Sec. 713. Sale or exchange of eligible land. Sec. 714. Sale of encumbered land. Sec. 715. Disposition of proceeds. Sec. 716. Conveyance of land for use as a public cemetery. Subtitle B—Wilderness Areas Sec. 721. Additions to the National Wilderness Preservation System. Sec. 722. Administration. Sec. 723. Wildlife management. Sec. 724. Release of wilderness study areas. Sec. 725. Native American cultural and religious uses. TITLE VIII—ALLOWING FOR THE TRANSFER OF FEDERAL LANDS TO BE USED AS NATIONAL CEMETERIES Sec. 801. Allowing for the transfer of Federal lands to be used as national cemeteries. TITLE IX—FEDERAL COMPLEX Sec. 901. Federal complex. TITLE X—SMALL TRACTS Sec. 1001. Short title. Sec. 1002. Additional authority for sale or exchange of small parcels of Na- tional Forest System land. TITLE XI—IMPLEMENTATION OF WHITE PINE COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6228 IH Sec. 1101. Disposition of proceeds. Sec. 1102. Conveyance to White Pine County, Nevada. Sec. 1103. Issuance of corrective patents. TITLE XII—GENERAL PROVISIONS Sec. 1201. Public purpose conveyances. Sec. 1202. Use of certain sand and gravel. Sec. 1203. Administration of State water rights. TITLE XIII—CONVEYANCES TO THE CITY OF SPARKS Sec. 1301. Definitions. Sec. 1302. Conveyance of land for use as a public cemetery. Sec. 1303. Conveyance of land for use as regional public parks. TITLE I—DOUGLAS COUNTY 1 ECONOMIC DEVELOPMENT 2 AND CONSERVATION ACT 3 SEC. 101. PURPOSE. 4 The purpose of this title is to promote conservation, 5 improve public land, and provide for sensible development 6 in Douglas County, Nevada, and for other purposes. 7 SEC. 102. DEFINITIONS. 8 In this title: 9 (1) COUNTY.—The term ‘‘County’’ means 10 Douglas County, Nevada. 11 (2) MAP.—The term ‘‘Map’’ means the map en- 12 titled ‘‘Douglas County Economic Development and 13 Conservation Act’’ and dated October 14, 2019. 14 (3) PUBLIC LAND.—The term ‘‘public land’’ 15 has the meaning given the term ‘‘public lands’’ in 16 section 103 of the Federal Land Policy and Manage- 17 ment Act of 1976 (43 U.S.C. 1702). 18 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6228 IH (4) SECRETARY CONCERNED.—The term ‘‘Sec- 1 retary concerned’’ means— 2 (A) with respect to National Forest Sys- 3 tem land, the Secretary of Agriculture (acting 4 through the Chief of the Forest Service); and 5 (B) with respect to land managed by the 6 Bureau of Land Management, including land 7 held for the benefit of the Tribe, the Secretary 8 of the Interior. 9 (5) STATE.—The term ‘‘State’’ means the State 10 of Nevada. 11 (6) TRIBE.—The term ‘‘Tribe’’ means the 12 Washoe Tribe of Nevada and California. 13 (7) WILDERNESS.—The term ‘‘Wilderness’’ 14 means the Burbank Canyons Wilderness designated 15 by this Act. 16 Subtitle A—Land Conveyances and 17 Sales 18 SEC. 111. CONVEYANCE TO STATE OF NEVADA. 19 (a) CONVEYANCE.—Subject to valid existing rights, 20 the Secretary concerned shall convey to the State without 21 consideration all right, title, and interest of the United 22 States in and to the land described in subsection (b). 23 (b) DESCRIPTION OF LAND.—The land referred to in 24 subsection (a) is the approximately 67 acres of Forest 25 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6228 IH Service land generally depicted as ‘‘Lake Tahoe-Nevada 1 State Park’’ on the Map. 2 (c) COSTS.—As a condition for the conveyance under 3 subsection (a), all costs associated with such conveyances 4 shall be paid by the State. 5 (d) USE OF LAND.— 6 (1) IN GENERAL.—Any land conveyed to the 7 State under subsection (a) shall be used only for— 8 (A) the conservation of wildlife or natural 9 resources; or 10 (B) a public park. 11 (2) FACILITIES.—Any facility on the land con- 12 veyed under subsection (a) shall be constructed and 13 managed in a manner consistent with the uses de- 14 scribed in paragraph (1). 15 (e) REVERSION.—If any portion of the land conveyed 16 under subsection (a) is used in a manner that is incon- 17 sistent with the uses described in subsection (d), the land 18 shall, at the discretion of the Secretary concerned, revert 19 to the United States. 20 SEC. 112. TAHOE RIM TRAIL. 21 (a) IN GENERAL.—The Secretary of Agriculture, in 22 consultation with the County and other stakeholders, shall 23 develop and implement a cooperative management agree- 24 ment for the land described in subsection (b)— 25 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6228 IH (1) to improve the quality of recreation access 1 by providing additional amenities as agreed on by 2 the Secretary and the County; and 3 (2) to conserve the natural resources values. 4 (b) DESCRIPTION OF LAND.—The land referred to in 5 subsection (a) consists of the approximately 13 acres of 6 land generally depicted as ‘‘Tahoe Rim Trail North Par- 7 cel’’ on the Map. 8 SEC. 113. CONVEYANCE TO DOUGLAS COUNTY, NEVADA. 9 (a) DEFINITION OF FEDERAL LAND.—In this sec- 10 tion, the term ‘‘Federal land’’ means the approximately 11 7,777 acres of Federal land located in the County that 12 is identified as ‘‘Douglas County Land Conveyances’’ on 13 the Map. 14 (b) AUTHORIZATION OF CONVEYANCE.—Subject to 15 valid existing rights and notwithstanding the land use 16 planning requirements of section 202 of the Federal Land 17 Policy and Management Act of 1976 (43 U.S.C. 1712), 18 not later than 180 days after the date on which the Sec- 19 retary concerned receives a request from the County for 20 the conveyance of the Federal land, the Secretary con- 21 cerned shall convey to the County, without consideration, 22 all right, title, and interest of the United States in and 23 to the Federal land. 24 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6228 IH (c) COSTS.—Any costs relating to the conveyance au- 1 thorized under subsection (b), including any costs for sur- 2 veys and other administrative costs, shall be paid by the 3 County. 4 (d) USE OF FEDERAL LAND.— 5 (1) IN GENERAL.—The Federal land conveyed 6 under subsection (b)— 7 (A) may be used by the County for flood 8 control or any other public purpose consistent 9 with the Act of June 14, 1926 (commonly 10 known as the ‘‘Recreation and Public Purposes 11 Act’’) (43 U.S.C. 869 et seq.); and 12 (B) shall not be disposed of by the County. 13 (2) REVERSION.—If the Federal land conveyed 14 under subsection (b) is used in a manner incon- 15 sistent with paragraph (1), the Federal land shall, at 16 the discretion of the Secretary concerned, revert to 17 the United States. 18 (e) ACQUISITION OF FEDERAL REVERSIONARY IN- 19 TEREST.— 20 (1) REQUEST.—The County may submit to the 21 Secretary concerned a request to acquire the Federal 22 reversionary interest in all or any portion of the 23 Federal land conveyed under this section. 24 (2) APPRAISAL.— 25 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6228 IH (A) IN GENERAL.—Not later than 180 1 days after the date of receipt of a request under 2 paragraph (1), the Secretary concerned shall 3 complete an appraisal of the Federal rever- 4 sionary interest in the Federal land requested 5 by the County. 6 (B) REQUIREMENT.—The appraisal under 7 subparagraph (A) shall be completed in accord- 8 ance with— 9 (i) the Uniform Appraisal Standards 10 for Federal Land Acquisitions; and 11 (ii) the Uniform Standards of Profes- 12 sional Appraisal Practice. 13 (3) CONVEYANCE REQUIRED.— 14 (A) IN GENERAL.—If, by the date that is 15 1 year after the date of completion of the ap- 16 praisal under paragraph (2), the County sub- 17 mits to the Secretary concerned an offer to ac- 18 quire the Federal reversionary interest re- 19 quested under paragraph (1), the Secretary 20 concerned, by not later than the date that is 30 21 days after the date on which the offer is sub- 22 mitted, shall convey to the County that rever- 23 sionary interest. 24 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6228 IH (B) CONSIDERATION.—As consideration 1 for the conveyance of the Federal reversionary 2 interest under subparagraph (A), the County 3 shall pay to the Secretary concerned an amount 4 equal to the appraised value of the Federal re- 5 versionary interest, as determined under para- 6 graph (2). 7 (C) COSTS OF CONVEYANCE.—Any costs 8 relating to the conveyance under subparagraph 9 (A), including any costs for surveys and other 10 administrative costs, shall be paid by the Sec- 11 retary concerned. 12 (4) DISPOSITION OF PROCEEDS.—Any amounts 13 collected under this subsection shall be disposed of 14 in accordance with section 114(i). 15 (f) REVOCATION OF ORDERS.—Any public land order 16 that withdraws any of the land described in subsection (a) 17 from appropriation or disposal under a public land law 18 shall be revoked to the extent necessary to permit disposal 19 of that land. 20 SEC. 114. SALE OF CERTAIN FEDERAL LAND. 21 (a) IN GENERAL.—Notwithstanding sections 202 and 22 203 of the Federal Land Policy and Management Act of 23 1976 (43 U.S.C. 1712, 1713), the Secretary concerned 24 shall, in accordance with the other provisions of that Act 25 VerDate Sep 11 2014 20:49 Apr 07, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6228.IH H6228 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6228 IH and any other applicable law, and subject to valid existing 1 rights, conduct one or more sales of the Federal land in- 2 cluding mineral rights described in subsection (b) to quali- 3 fied bidders. 4 (b) DESCRIPTION OF LAND.—The Federal land re- 5 ferred to in subsection (a) consists of— 6 (1) the approximately 59.5 acres of public land 7 generally depicted as ‘‘Lands for Disposal’’ on the 8 Map; and 9 (2) not more than 10,000 acres of land in the 10 County that— 11 (A) is not segregated or withdrawn on or 12 after the date of the enactment of this Act, un- 13 less the land is withdrawn in accordance with 14 subsection (g); and 15 (B) is identified for disposal by the Sec- 16 retary concerned through— 17 (i) the Carson City Consolidated Re- 18 source Management Plan; or 19 (ii) any subsequent amendment to the 20 management plan that is undertaken with 21 f [Text truncated for display. 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