[Senate Report 106-417]
[From the U.S. Government Publishing Office]
Calendar No. 826
106th Congress Report
SENATE
2d Session 106-417
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LINCOLN COUNTY LAND ACT OF 1999
_______
September 25 (legislative day, September 22), 2000.--Ordered to be
printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1331]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1331) to give Lincoln County, Nevada, the
right to purchase at fair market value certain public land in
the county, having considered the same, reports favorably
thereon with an amendment and an amendment to the title and
recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lincoln County Land Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Lincoln County, Nevada, encompasses an area of 10,132
square miles of the State of Nevada;
(2) approximately 98 percent of the County is owned by the
Federal Government;
(3) the city of Mesquite, Nevada, needs land for an organized
approach for expansion to the north;
(4) citizens of the County would benefit through enhanced
county services and schools from the increased private property
tax base due to commercial and residential development;
(5) the County would see improvement to the budget for the
county and school services through the immediate distribution
of sale receipts from the Secretary selling land through a
competitive bidding process;
(6) a cooperative approach among the Bureau of Land
Management, the County, the City, and other local government
entities will ensure continuing communication between those
entities;
(7) the Federal Government will be fairly compensated for the
sale of public land; and
(8) the proposed Caliente Management Framework Amendment and
Environmental Impact Statement for the Management of Desert
Tortoise Habitat Plan identify specific public land as being
suitable for disposal.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the orderly disposal of certain public
land in the County; and
(2) to provide for the acquisition of environmentally
sensitive land in the State of Nevada.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Mesquite,
Nevada.
(2) County.--The term ``County'' means Lincoln County,
Nevada.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Special account.--The term ``special account'' means the
account in the Treasury of the United States established under
section 5.
SEC. 4. DISPOSAL OF LAND.
(a) Disposal.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, notwithstanding the land use planning
and land sale requirements contained in sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711, 1712), the Secretary, in cooperation with the County and
the City, in accordance with this Act, the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other
applicable law, and subject to valid existing rights, shall
dispose of the land described in subsection (b) in a
competitive bidding process, at a minimum, for fair market
value.
(2) Timing.--The Secretary shall dispose of--
(A) the land described in subsection (b)(1)(A) not
later than 1 year after the date of enactment of this
Act; and
(B) the land described in subsection (b)(1)(B) not
later than 5 years after the date of enactment of this
Act.
(b) Land Description.--
(1) In general.--The land referred to in subsection (a) is
the land depicted on the map entitled ``Public Lands Identified
for Disposal in Lincoln County, Nevada'' and dated July 24,
2000, consisting of--
(A) the land identified on the map for disposal
within 1 year, comprising approximately 4,817 acres;
and
(B) the land identified on the map for disposal
within 5 years, comprising approximately 8,683 acres.
(2) Map.--The map described in paragraph (1) shall be
available for public inspection in the Ely Field Office of the
Bureau of Land Management.
(c) Segregation.--Subject to valid existing rights, the land
described in subsection (b) is segregated from all forms of entry and
appropriation (except for competitive sale) under the public land laws,
including the mining laws, and from operation of the mineral leasing
and geothermal leasing laws.
(d) Compliance With Local Planning and Zoning.--The Secretary shall
ensure that qualified bidders intend to comply with--
(1) County and City zoning ordinances; and
(2) any master plan for the area developed and approved by
the County and City.
SEC. 5. DISPOSITION OF PROCEEDS.
(a) Land Sales.--Of the gross proceeds of sales of land under this
Act in a fiscal year--
(1) 5 percent shall be paid directly to the State of Nevada
for use in the general education program of the State;
(2) 10 percent shall be returned to the County for use as
determined through normal county budgeting procedures, with
emphasis given to support of schools, of which no amount may be
used in support of litigation against the Federal Government;
and
(3) the remainder shall be deposited in a special account in
the Treasury of the United States (referred to in this section
as the ``special account'') for use as provided in subsection
(b).
(b) Availability of Special Account.--
(1) In general.--Amounts in the special account (including
amounts earned as interest under paragraph (3)) shall be
available to the Secretary of the Interior, without further Act
of appropriation, and shall remain available until expended,
for--
(A) inventory, evaluation, protection, and management
of unique archaeological resources (as defined in
section 3 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb)) in the County;
(B) development of a multispecies habitat
conservation plan in the County;
(C)(i) reimbursement of costs incurred by the Nevada
State Office and the Ely Field Office of the Bureau of
Land Management in preparing sales under this Act, or
other authorized land sales within the County,
including the costs of land boundary surveys,
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), appraisals,
environmental and cultural clearances, and any public
notice; and
(ii) processing public land use authorizations and
rights-of-way stemming from development of the conveyed
land; and
(D) the cost of acquisition of environmentally
sensitive land or interests in such land in the State
of Nevada, with priority given to land outside Clark
County.
(2) Acquisition from willing sellers.--An acquisition under
paragraph (1)(D) shall be made only from a willing seller and
after consultation with the State of Nevada and units of local
government under the jurisdiction of which the environmentally
sensitive land is located.
(c) Investment of Special Account.--All funds deposited as principal
in the special account shall earn interest in the amount determined by
the Secretary of the Treasury on the basis of the current average
market yield on outstanding marketable obligations of the United States
of comparable maturities.
SEC. 6. ACQUISITIONS.
(a) Definition of Environmentally Sensitive Land.--In this section,
the term ``environmentally sensitive land'' means land or an interest
in land, the acquisition of which by the United States would, in the
judgment of the Secretary--
(1) promote the preservation of natural, scientific,
aesthetic, historical, cultural, watershed, wildlife, and other
values contributing to public enjoyment and biological
diversity;
(2) enhance recreational opportunities and public access;
(3) provide the opportunity to achieve better management of
public land through consolidation of Federal ownership; or
(4) otherwise serve the public interest.
(b) Acquisitions.--
(1) In general.--After the consultation process has been
completed in accordance with subsection (c), the Secretary may
acquire with the proceeds of the special account
environmentally sensitive land and interests in environmentally
sensitive land. Land may not be acquired under this section
without the consent of the landowner.
(2) Use of other funds.--Funds made available from the
special account may be used with any other funds made available
under any other provision of law.
(c) Consultation.--Before initiating efforts to acquire land under
this subsection, the Secretary shall consult with the State of Nevada
and with local government within whose jurisdiction the land is
located, including appropriate planning and regulatory agencies, and
with other interested persons, concerning the necessity of making the
acquisition, the potential impacts on State and local government, and
other appropriate aspects of the acquisition.
(d) Administration.--On acceptance of title by the United States,
land and interests in land acquired under this section that is within
the boundaries of a unit of the National Wild and Scenic Rivers System,
National Trails System, National Wilderness Preservation System, any
other system established by Act of Congress, or any national
conservation or national recreation area established by Act of
Congress--
(1) shall become part of the unit or area without further
action by the Secretary; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or area.
2. Amend the title so as to read: ``A bill to direct the
Secretary of Interior to sell certain public land in Lincoln
County through a competitive process.''.
purpose of the bill
The purpose of S. 1331 is to provide for the orderly
disposal of approximately 13,500 acres of public land in
Lincoln County, Nevada and to provide for the acquisition of
environmentally sensitive land in the State of Nevada.
background and need
Lincoln County encompasses an area of 10,132 square miles.
Approximately 98% of the county is owned by the Federal
Government. The scarcity of private land within the county
severely limits property taxes revenues and the ability of
local municipalities to meet the growing demand for development
space. The limited tax base in Lincoln County is making it
increasingly difficult to provide basic county and school
services. The land being made available for disposal is
situated adjacent to the rapidly growing city of Mesquite in
Clark County, Nevada. This growth has created demand for
housing and commercial development space. The lands made
available in this legislation will meet this demand.
By making the land made available for private ownership, S.
1331 will result in Clark County residents gaining room for
expansion and growth; Lincoln County gaining needed property
tax revenue, and; the Federal Government receiving fair
compensation for public lands. The proceeds from the purchase
will be used by the Bureau of Land Management to acquire or
otherwise protect environmentally sensitive lands in Nevada,
defray the administrative costs that BLM will incur in
processing this land sale, and develop a multi-species habitat
plan for Lincoln County.
legislative history
S. 1331 was introduced by Senator Reid on July 1, 1999. The
Subcommittee on Forests and Public Land Management held a
hearing on S. 1331 on June 7, 2000. At the business meeting on
September 20, 2000, the Committee on Energy and Natural
Resources ordered S. 1331 favorably reported, if amended as
described herein.
committee recommendation
The Senate Committee on Energy and Natural Resources, in
open business session in September 20, 2000, by a voice vote of
a quorum present, recommends that the Senate pass S. 1331 if
amended as described herein.
committee amendment
During the consideration of S. 1331, the Committee adopted
an amendment in the nature of a substitute. In addition to
making numerous technical and clarifying changes, the amendment
includes the following substantive changes.
1. Two new sections were added setting forth findings and
purposes and defining key terms used in the legislation.
2. As introduced, Lincoln County, Nevada would have the
exclusive right to purchase the land. The substitute amendment
modified this to direct the Secretary to offer approximately
13,500 acres of public land for sale through a competitive
process.
3. Language was added authorizing receipts from land sales
to be used for management of archaeological resources. In
addition, the amendment narrows the scope of reimbursement to
Bureau of Land Management units in Nevada, and broadens the
scope of items allowed for reimbursement to include land use
authorizations.
section-by-section analysis
Section 1 cites the short title as the ``Lincoln County
Land Act of 2000.''
Section 2 contains the findings and purpose.
Section 3 provides definitions used in the Act.
Section 4(a) directs the Secretary to dispose of lands
identified in subsection (b) in cooperation with local units of
government, in accordance with applicable laws, through a
competitive bidding process, for fair market value.
Subsection (b) describes the land to be auctioned and
specifies that 4,817 acres be disposed of within 1 year with an
additional 8,683 acres to be disposed of within 5 years.
Subsection (c), subject to existing rights, withdraws the
parcels from all forms of entry and appropriation.
Subsection (d) directs the Secretary to ensure that
successful bidders comply with local units of government zoning
ordinances and any approved master plans.
Section 5(a) requires 5 percent of land sale proceeds be
paid to the State of Nevada for education purposes, 10 percent
of the proceeds to be returned to Lincoln County, with the
remainder be deposited in a special account to be used as
described in subsection (b).
Subsection (b) specifies that the Secretary of the Interior
may use the amounts in the special account for the management
of unique archeological resources in Lincoln County; acquiring
environmentally sensitive land, or interest in lands, outside
of Lincoln County from willing sellers, preparing a habitat
conservation plan in Lincoln County; and for costs of preparing
sales under this Act.
Section (6)(a) defines environmentally sensitive lands
authorized for acquisition under this Act and specifies that
the Secretary must consult with the State of Nevada and units
of local government before initiating efforts to acquire lands.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVVI of the
standing rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1331.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1331, as ordered reported.
executive communications
On September 20, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1331. These
reports had not been received at the time the report on S. 1331
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Bureau
of Land Management at the Subcommittee hearing on S. 1331
follows:
Statement of Pete Culp, Assistant Director, Minerals and Realty Bureau
of Land Management
Mr. Chairman and members of the subcommittee, I appreciate
the opportunity to appear before you today to testify on S.
1331 Lincoln County Land Act. S. 1331 gives Lincoln County,
Nevada, the exclusive right to purchase 4,817 acres of public
land in the County during a ten-year period from the Bureau of
Land Management (BLM).
Lincoln County, Nevada was among the last portions of the
State to become settled. It is lightly populated today. The
county encompasses 6.8 million acres, making it nearly the size
of the entire State of Maryland. However, nearly 90 percent of
the land in that county has remained in Federal ownership. The
pattern of private ownership has made management of some of
these extensive Federal lands difficult and uneconomical.
Through the land use planning process required under the
Federal Land Policy and Management Act (FLPMA) (P.L. 94-579),
the Bureau identifies lands as potentially available for
disposal. However, the sale authority granted the BLM pursuant
to FLPMA has not been widely used for a number of reasons,
including staffing and disposition of sales receipts. The BLM
has made progress toward improving management efficiency by
consolidating land ownership through exchanges, purchases, and
negotiating agreements with other land management agencies.
The BLM is rapidly gaining invaluable experience in the
disposal of public lands. The Southern Nevada Public Land
Management Act of 1998 (P.L. 105-263) (SNPLMA), has helped to
refine and improve our land sales process. The SNPLMA provided
for the sale of public land, but was limited to lands in the
Las Vegas valley.
The 1983 Caliente Management Framework Plan (the Plan) does
not recommend this land disposal. However, BLM recently
reviewed this existing Plan and after considering public
comment, developed a proposed Plan amendment. This Plan
amendment followed BLM Planning and Nepa process. This proposed
Plan amendment would allow for the disposal of 14,213.95 acres
of land in Lincoln County, including the land identified in the
Bill. The Plan amendment will not be completed until the Fall
of 2000. Similar to this Act, S. 1892 (The Valles Caldera
Preservation Act), is currently working its way through
Congress and Title II of S. 1892 would allow for the same
actions nationally as proposed in this Bill for Lincoln County,
Nevada. The Administration sees little need for this local Bill
should S. 1892 be enacted.
Other recommendations for specific amendments include:
Within Sec. 2. Sale of Public Land (a) Right To Purchase:
The BLM would prefer disposal of the identified parcels of
public land described in subsection (b), after consultation
with Lincoln County, through a competitive sale process. This
would allow sale at fair market value and parallel the approach
taken in the SNPLMA.
Within Sec. 2(b) Land Description: The BLM proposed land
use plan amendment identifies this Bill's 4,817 acre parcel for
disposal. This Bill would leave approximately 1,385 acres of
isolated, unmanageable BLM administered public lands along the
Nevada-Utah state line. We believe a logical development unit
should include disposal of all lands within an identified
disposal area. We therefore recommend that the Bill be amended
to allow BLM to dispose of the entire 14,214 acres identified
in the proposed land use plan amendment. In addition, the area
contains unsurveyed lands, so land acreage figures are
estimates. Actual acreages will be determined upon completion
of a cadastral survey.
Within Sec. 2(f) Withdrawal: We are concerned that the 10-
year withdrawal period is too long to administer the land sale
and the ``Special Account,'' causing administrative
difficulties and expenses. In addition, over this period of
time conditions may change. In view of this uncertainty, this
section should be amended to state that if commercial oil, gas
or geothermal resources are discovered, the Secretary of the
Interior will have an assessment conducted to determined if the
lands should still be withdrawn under existing mineral laws.
Within Sec. 3. Disposition of Proceeds (a) Land Sales:
Under this Bill, 5 percent of the sale proceeds will be paid to
the State of Nevada, 10 percent will be returned to Lincoln
County, and the remainder will be deposited in a special
account in the U.S. Treasury. This again is similar to the
SNPLMA. The possibility exists that the administrative costs of
sales could exceed the gross sale value. If that were to
happen, BLM's ability to meet the disposal needs in Lincoln
County could be diminished. Under this scenario, it is unclear
how the requirements for payments to the state and the county
would be accomplished.
Within Sec. 3(b) Availability of Special Account--(1) in
General: It is recommended that Section 3 be amended to read:
``. . . reimbursement of costs incurred by the Bureau of Land
Management in preparing sales under this Act, or under existing
public land laws, additional land sales or exchanges . . .''
The meaning or intent of ``other authorized'' would be
clarified in this section with this wording. Also, based on our
experience with the SNPLMA, we suggest the inclusion of this
statement: ``The reimbursement of costs incurred by BLM in
implementation of this Act shall include not only the direct
costs for sales or exchanges but also other BLM administrative
costs. Other administrative costs include those expenditures
for establishing and administering the Federal Lands Disposal
Account under the Act, developing implementation procedures,
and consultation with legal counsel.'' Such clarifying
language, applicable to the SNPLMA, was contained in Report
language accompanying the FY 2000 Interior and Related Agencies
Appropriations bill.
That concludes my testimony. I would be happy to respond to
any questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1331 as ordered
reported.