S. 2458Senate108th Congress (2003-2005)In Committee

Nevada Mining Townsite Conveyance Act

A bill to provide for the conveyance of certain public lands in and around historic mining townsites in Nevada, and for other purposes.

Sponsored by Harry ReidSen. Harry Reid (D-NV)
Introduced May 20, 2004

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S5956)

May 20, 2004

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SenateIntro Referral

Introduced in Senate

May 20, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5955-5956)

May 20, 2004

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S5956)

May 20, 2004

Floor Debate

22 members

What members said about S. 2458 on the floor

12 Republicans10 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 20, 2004

Mr. President, I rise today along with my colleague Senator Coleman to introduce the Internet Pharmacy Consumer Protection Act also called the ``Ryan Haight Act'', a bill which is vital to protect…

Mike DeWine
Sen. Mike DeWineR-OH · May 20, 2004

Mr. President, I ask unanimous consent that the Peace Corps Volunteers Health, Safety, and Security Act of 2004 be printed in the Record. Mr. President, today I join our colleague from Massachusetts,…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 20, 2004

Mr. President, I rise today with my friend and colleague, Senator Carper, to introduce the Postal Accountability and Enhancement Act of 2004, a bill designed to help the 225-year-old Postal Service…

John Warner
Sen. John WarnerR-VA · May 20, 2004

Mr. President, I rise today to introduce an important bill related to education and our national, homeland, and economic security. I am pleased to be joined in this bipartisan effort with Senators…

Norm Coleman
Sen. Norm ColemanR-MN · May 20, 2004

Mr. President, I rise to introduce two bills that expand Federal authority to prevent controlled substances from flooding into the U.S., authorizing states to shut down illegitimate virtual…

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John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 20, 2004

Mr. President, I am proud today to introduce the Community Security Act of 2004. This bill is intended to help prepare our Nation to cope with future disasters, as well as help the daily work of our…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 20, 2004

Mr. President, today, Senator DeWine and I are introducing legislation to give the Food and Drug Administration broad authority to regulate tobacco products for the protection of the public health.…

Christopher S. Bond
Sen. Christopher S. BondR-MO · May 20, 2004

Mr. President, today, I join my colleagues, Senators Harkin, Durbin, Talent, Grassley, Coleman, Fitzgerald and Pryor to introduce bipartisan legislation to provide transportation efficiency and…

Bill Nelson
Sen. Bill NelsonD-FL · May 20, 2004

Mr. President, I rise today to express my deep concern about an issue that illustrates the continuing erosion of Americans' privacy rights. My concern is related to the practice of outsourcing. When…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 20, 2004

Mr. President, I rise today to join my esteemed colleague from the State of Virginia, Senator Warner, in introducing The 21st Century Pell Grant Plus Act. This bill is intended to provide an…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · May 20, 2004

Mr. President, I would like to discuss legislation I am introducing that would protect ginseng farmers and consumers by ensuring that ginseng sold at retail discloses where the root was harvested.…

Tom Harkin
Sen. Tom HarkinD-IA · May 20, 2004

Mr. President, I rise to discuss a bipartisan measure on which I have worked closely with my colleague from Missouri, Senator Bond. The purpose of this bill is to expand the transportation…

Sam Brownback
Sen. Sam BrownbackR-KS · May 20, 2004

Mr. President, I rise today to introduce the bipartisan Unborn Child Pain Awareness Act, and I am joined by 22 original cosponsors. Unborn children can experience pain, and they can certainly respond…

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Harry Reid
Sen. Harry ReidD-NV · May 20, 2004

Mr. President, I rise today on behalf of myself and Senator Ensign to introduce the Nevada Mining Townsite Conveyance Act, which will address an important public land issue in rural Nevada. As you…

Harry Reid
Sen. Harry ReidD-NV · May 20, 2004

Mr. President, I rise today on behalf of myself and Senator Ensign to introduce the Nevada Mining Townsite Conveyance Act, which will address an important public land issue in rural Nevada. As you…

Jim Talent
Sen. Jim TalentR-MO · May 20, 2004

Mr. President, I rise today to as a cosponsor of legislation to modernize our aging waterways infrastructure on the Upper Mississippi River and the Illinois River. I am glad to join my colleague from…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · May 20, 2004

Mr. President, today the Washington Post reported that the United States Department of Agriculture secretly allowed American meatpackers to resume imports of ground and processed beef from Canada…

Peter Fitzgerald
Sen. Peter FitzgeraldR-IL · May 20, 2004

Mr. President, I rise today with Senator Bond in support of a bill to put into place recommendations by the Army Corps of Engineers for navigation capacity improvements and ecosystem restoration for…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 20, 2004

Mr. President, I am pleased to be an original cosponsor of bipartisan legislation to authorize the modernization of the lock and dam infrastructure and enhanced environmental restoration on the Upper…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · May 20, 2004

Mr. President, water is the life's blood for New Mexico. When the water dries up in New Mexico, so will many of its communities. As such, the scarcity of water in New Mexico is a dire situation.…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · May 20, 2004

Mr. President, I am pleased to join with Senator Collins and Senator Carper, who today have introduced the Postal Accountability and Enhancement Act. I commend both of my Governmental Affairs…

Ted Stevens
Sen. Ted StevensR-AK · May 20, 2004

Mr. President, I am pleased to join Chairman Collins and Senator Carper as an original cosponsor of S. 2468, the Postal Accountability and Enhancement Act. In 2002, the President formed a Commission…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · May 20, 2004

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued May 20, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2458 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2458

To provide for the conveyance of certain public lands in and around
historic mining townsites in Nevada, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 20, 2004

Mr. Reid (for himself and Mr. Ensign) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources

_______________________________________________________________________

A BILL

To provide for the conveyance of certain public lands in and around
historic mining townsites in Nevada, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Nevada Mining Townsite Conveyance
Act''.

SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE
COUNTIES, NEVADA.

(a) Findings.-- Congress finds the following:
(1) The Federal Government owns real property in and around
historic mining townsites in the counties of Esmeralda and Nye
in the State of Nevada.
(2) While the real property is under the jurisdiction of
the Secretary of the Interior, acting through the Bureau of
Land Management, some of the real property land has been
occupied for decades by persons who took possession by purchase
or other documented and putatively legal transactions, but
whose continued occupation of the real property constitutes a
``trespass'' upon the title held by the Federal Government.
(3) As a result of the confused and conflicting ownership
claims, the real property is difficult to manage under multiple
use policies and creates a continuing source of friction and
unease between the Federal Government and local residents.
(4) All of the real property is appropriate for disposal
for the purpose of promoting administrative efficiency and
effectiveness, and the Bureau of Land Management has already
identified certain parcels of the real property for disposal.
(5) Some of the real property contains historic and
cultural values that must be protected.
(6) To promote responsible resource management of the real
property, certain parcels should be conveyed to the county in
which the property is situated in accordance with land use
management plans of the Bureau of Land Management so that the
county can, among other things, dispose of the property to
persons residing on or otherwise occupying the property.
(b) Mining Townsite Defined.--In this section, the term ``mining
townsite'' means real property in the counties of Esmeralda and Nye,
Nevada, that is owned by the Federal Government, but upon which
improvements were constructed because of a mining operation on or near
the property and based upon the belief that--
(1) the property had been or would be acquired from the
Federal Government by the entity that operated the mine; or
(2) the person who made the improvement had a valid claim
for acquiring the property from the Federal Government.
(c) Conveyance Authority.--
(1) In general.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior, acting through the
Bureau of Land Management, shall convey, without consideration,
all right, title, and interest of the United States in and to
mining townsites (including improvements thereon) identified
for conveyance on the maps entitled ``Original Mining Townsite
Ione Land Disposal Map Nye County'' and ``Original Mining
Townsite Gold Point Land Disposal Map Esmeralda County'' dated
October 29, 2003.
(2) Availability of maps.--The maps referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Secretary of the
Interior, including the office of the Bureau of Land Management
located in the State of Nevada.
(d) Recipients.--
(1) Original recipient.--Subject to paragraph (2), the
conveyance of a mining townsite under subsection (c) shall be
made to the county in which the mining townsite is situated.
(2) Reconveyance to occupants.--In the case of a mining
townsite conveyed under subsection (c) for which a valid
interest is proven by one or more persons, under the provisions
of Nevada Revised Statutes Chapter 244, the county that
received the mining townsite under paragraph (1) shall reconvey
the property to that person or persons by appropriate deed or
other legal conveyance as provided in that State law. For
purposes of proving a valid interest, the person making the
claim must have occupied the mining townsite for at least 15
years immediately before the date of the enactment of this Act.
The county is not required to recognize a claim under this
paragraph submitted more than 10 years after the date of the
enactment of this Act.
(e) Protection of Historic and Cultural Resources.--As a condition
on the conveyance or reconveyance of a mining townsite under subsection
(c), all historic and cultural resources (including improvements) on
the mining townsite shall be preserved and protected in accordance with
applicable Federal and State law.
(f) Valid Existing Rights.--The conveyance of a mining townsite
under this section shall be subject to valid existing rights, including
any easement or other right-of-way or lease in existence as of the date
of the conveyance. All valid existing rights and interests of mining
claimants shall be maintained, unless those rights or interests are
deemed abandoned and void or null and void under--
(1) section 2320 of the Revised Statutes (30 U.S.C. 21 et
seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(3) subtitle B of title X of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28(f)-(k)), including
regulations promulgated under section 3833.1 of title 43, Code
of Federal Regulations or any successor regulation.
(g) Survey.--A mining townsite to be conveyed by the United States
under this section shall be sufficiently surveyed to legally describe
the land for patent conveyance.
(h) Release.--On completion of the conveyance of a mining townsite
under subsection (c), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims
arising from the presence of improvements and materials on the conveyed
property.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior such amounts as may be
necessary to carry out the conveyances required by this section,
including funds to cover the costs of cadastral and mineral surveys,
mineral potential reports, hazardous materials, biological, cultural
and archaeological clearances, validity examinations and other expenses
incidental to the conveyances.
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