To promote conservation and provide for sensible development in Carson City, Nevada, and for other purposes.
Mr. HELLER introduced the following bill; which was referred to the Committee on Natural Resources
To promote conservation and provide for sensible development in Carson City, Nevada, and for other purposes.
(a) In General- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the City offers to convey to the United States title to the non-Federal land described in subsection (b)(1) that is acceptable to the Secretary of Agriculture--
(1) the Secretary shall accept the offer; and
(2) not later than 180 days after the date on which the Secretary receive acceptable title to the non-Federal land described in subsection (b)(1), the Secretaries shall convey to the City, subject to valid existing rights and for no consideration, except as provided in subsection (c)(1), all right, title, and interest of the United States in and to the Federal land (other than any easement reserved under subsection (c)(2)) or interest in land described in subsection (b)(2).
(b) Description of Land-
(1) NON-FEDERAL LAND- The non-Federal land referred to in subsection (a) is the approximately 2,264 acres of land administered by the City and identified on the Map as ‘To U.S. Forest Service’.
(2) FEDERAL LAND- The Federal land referred to in subsection (a)(2) is--
(A) the approximately 935 acres of Forest Service land identified on the Map as ‘To Carson City for Natural Areas’;
(B) the approximately 3,604 acres of Bureau of Land Management land identified on the Map as ‘Silver Saddle Ranch and Carson River Area’;
(C) the approximately 1,862 acres of Bureau of Land Management land identified on the Map as ‘To Carson City for Parks and Public Purposes’; and
(D) the approximately 75 acres of City land in which the Bureau of Land Management has a reversionary interest that is identified on the Map as ‘Reversionary Interest of the United States Released’.
(c) Conditions-
(1) CONSIDERATION- Before the conveyance of the 62-acre Bernhard parcel to the City, the City shall deposit in the special account established by section 202(b)(1) an amount equal to 25 percent of the difference between--
(A) the amount for which the Bernhard parcel was purchased by the City on July 18, 2001; and
(B) the amount for which the Bernhard parcel was purchased by the Secretary on March 24, 2006.
(2) CONSERVATION EASEMENT- As a condition of the conveyance of the land described in subsection (b)(2)(B), the Secretary, in consultation with Carson City and affected local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the conservation values of the land, consistent with subsection (d)(2).
(3) COSTS- Any costs relating to the conveyance under subsection (a), including any costs for surveys and other administrative costs, shall be paid by the recipient of the land being conveyed.
(d) Use of Land-
(1) NATURAL AREAS-
(A) IN GENERAL- Except as provided in subparagraph (B), the land described in subsection (b)(2)(A) shall be managed by the City to maintain undeveloped open space and to preserve the natural characteristics of the land in perpetuity.
(B) EXCEPTION- Notwithstanding subparagraph (A), the City may--
(i) conduct projects on the land to reduce fuels;
(ii) construct and maintain trails, trailhead facilities, and any infrastructure on the land that is required for municipal water and flood management activities; and
(iii) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act.
(2) SILVER SADDLE RANCH AND CARSON RIVER AREA-
(A) IN GENERAL- Except as provided in subparagraph (B), the land described in subsection (b)(2)(B) shall--
(i) be managed by the City to protect and enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; and
(ii) be used for undeveloped open space, passive recreation, customary agricultural practices, and wildlife protection.
(B) EXCEPTION- Notwithstanding subparagraph (A), the City may--
(i) construct and maintain trails and trailhead facilities on the land;
(ii) conduct projects on the land to reduce fuels;
(iii) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act; and
(iv) allow the use of motorized vehicles on designated roads, trails, and areas in the south end of Prison Hill.
(3) PARKS AND PUBLIC PURPOSES- The land described in subsection (b)(2)(C) shall be managed by the City for--
(A) undeveloped open space; and
(B) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.).
(4) REVERSIONARY INTEREST-
(A) RELEASE- The reversionary interest described in subsection (b)(2)(D) shall terminate on the date of enactment of this Act.
(B) CONVEYANCE BY CITY-
(i) IN GENERAL- If the City sells, leases, or otherwise conveys any portion of the land described in subsection (b)(2)(D), the sale, lease, or conveyance of land shall be--
(I) through a competitive bidding process; and
(II) except as provided in clause (ii), for not less than fair market value.
(ii) CONVEYANCE TO GOVERNMENT OR NONPROFIT- A sale, lease, or conveyance of land described in subsection (b)(2)(D) to the Federal Government, a State government, a unit of local government, or a nonprofit organization shall be for consideration in an amount equal to the price established by the Secretary of the Interior under section 2741 of title 43, Code of Federal Regulation (or successor regulations).
(iii) DISPOSITION OF PROCEEDS- The gross proceeds from the sale, lease, or conveyance of land under clause (i) shall be distributed in accordance with section 202(a).
(e) Reversion- If land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in paragraph (1), (2), (3), or (4) of subsection (d), the land shall, at the discretion of the Secretary, revert to the United States.
(f) Miscellaneous Provisions-
(1) IN GENERAL- On conveyance of the non-Federal land under subsection (a) to the Secretary of Agriculture, the non-Federal land shall--
(A) become part of the Humboldt-Toiyabe National Forest; and
(B) be administered in accordance with the laws (including the regulations) and rules generally applicable to the National Forest System.
(2) MANAGEMENT PLAN- The Secretary of Agriculture, in consultation with the City and other interested parties, may develop and implement a management plan for National Forest System land that ensures the protection and stabilization of the National Forest System land to minimize the impacts of flooding on the City.
(g) Conveyance to Bureau of Land Management-
(1) IN GENERAL- If the City offers to convey to the United States title to the non-Federal land described in paragraph (2) that is acceptable to the Secretary of the Interior, the land shall, at the discretion of the Secretary, be conveyed to the United States.
(2) DESCRIPTION OF LAND- The non-Federal land referred to in paragraph (1) is the approximately 136 acres of land administered by the City and identified on the Map as ‘To Bureau of Land Management’.
(3) COSTS- Any costs relating to the conveyance under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.