II
110th CONGRESS
2d Session
S. 3393
IN THE SENATE OF THE UNITED STATES
July 31, 2008
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 promote conservation and provide for sensible development in Carson City, Nevada, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Carson City Vital Community Act
of 2008
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Public conveyances
Sec. 101. Conveyances of Federal land and City land.
Sec. 102. Transfer of administrative jurisdiction from the Forest Service to the Bureau of Land Management.
TITLE II—Land Disposal
Sec. 201. Disposal of Carson City land.
Sec. 202. Disposition of proceeds.
Sec. 203. Withdrawal.
Sec. 204. Availability of funds.
TITLE III—Transfer of land to be held in trust for the Washoe Tribe, Skunk Harbor Conveyance Correction, Forest Service Agreement, and artifact collection
Sec. 301. Transfer of land to be held in trust for Washoe Tribe.
Sec. 302. Correction of Skunk Harbor Conveyance.
Sec. 303. Agreement with Forest Service.
Sec. 304. Artifact collection.
TITLE IV—Authorization of appropriations
Sec. 401. Authorization of appropriations.
Definitions
In this Act:
City
The term City means Carson City Consolidated Municipality, Nevada.
Map
The
term Map means the map entitled Carson City, Nevada
Area
, dated July 17, 2008, and on file and available for public
inspection in the appropriate offices of—
the Bureau of Land Management;
the Forest Service; and
the City.
Secretary
The term Secretary means—
with respect to land in the National Forest System, the Secretary of Agriculture, acting through the Chief of the Forest Service; and
with respect to other Federal land, the Secretary of the Interior.
Tribe
The term Tribe means the Washoe Tribe of Nevada and California, which is a federally recognized Indian tribe.
Public conveyances
Conveyances of Federal land and City land
In general
Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), 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—
the Secretary of Agriculture shall accept the offer; and
not later than 180 days after the date on which the Secretary of Agriculture receives acceptable title to the non-Federal land described in subsection (b)(1), the Secretary of Agriculture and the Secretary of Interior 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 or interest in land described in subsection (b)(2).
Description of land
Non-Federal land
The parcels of non-Federal land referred to in subsection
(a) are the approximately 2,260 acres of land administered by the City and
identified on the Map as To the U.S. Forest Service
.
Federal land
The parcels of Federal land referred to in subsection (a)(2) are—
the approximately
1,012 acres of Forest Service land identified on the Map as To Carson
City for Natural Areas
;
the approximately
3,526 acres of Bureau of Land Management land identified on the Map as
Silver Saddle Ranch and Carson River Area
;
the approximately
1,746 acres of Bureau of Land Management land identified on the Map as
To Carson City for Parks and Public Purposes
; and
the approximately
53 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
United States Released
.
Conditions
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—
the amount for which the Bernhard parcel was purchased by the City on July 18, 2001; and
the amount for which the Bernhard parcel was purchased by the Secretary on March 17, 2006.
Conservation easement
As a condition of the conveyance of the parcels of 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 parcels to protect, preserve, and enhance the conservation values of the parcels, consistent with subsection (d)(2).
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.
Use of land
Natural areas
In general
Except as provided in subparagraph (B), the parcel of 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 parcel of land in perpetuity.
Exception
Notwithstanding subparagraph (A), the City may—
conduct projects on the parcel of land to reduce fuels;
construct and maintain trails, trailhead facilities, and any infrastructure on the parcel of land that is required for municipal water and flood management activities; and
maintain or reconstruct any improvements on the parcel of land that are in existence on the date of enactment of this Act.
Silver Saddle Ranch and Carson River Area
In general
Except as provided in subparagraph (B), the parcel of land described in subsection (b)(2)(B) shall—
be managed by the City to protect and enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; and
be used for undeveloped open space, passive recreation, customary agricultural practices, and wildlife protection.
Exception
Notwithstanding subparagraph (A), the City may—
construct and maintain trails and trailhead facilities on the parcel of land;
conduct projects on the parcel of land to reduce fuels;
maintain or reconstruct any improvements on the parcel of land that are in existence on the date of enactment of this Act; and
allow the use of motorized vehicles on designated roads, trails, and areas in the south end of Prison Hill.
Parks and public purposes
The parcel of land described in subsection (b)(2)(C) shall be managed by the City for—
undeveloped open space; or
recreation or
other public purposes in accordance with the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act
) (43 U.S.C. 869
et seq.).
Reversionary interest
Release
The reversionary interest described in subsection (b)(2)(D) shall terminate on the date of enactment of this Act.
Conveyance by city
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—
through a competitive bidding process; and
except as provided in clause (ii), for not less than fair market value.
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 2741.8 of title 43, Code of Federal Regulation (or successor regulations).
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).
Reversion
If a parcel of 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 parcel of land shall, at the discretion of the Secretary, revert to the United States.
Miscellaneous provisions
In general
On conveyance of the non-Federal land under subsection (a) to the Secretary of Agriculture, the non-Federal land shall—
become part of the Humboldt-Toiyabe National Forest; and
be administered in accordance with the laws (including the regulations) and rules generally applicable to the National Forest System.
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.
Transfer of administrative jurisdiction from the Forest Service to the Bureau of Land Management
Conveyance
Notwithstanding
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.), administrative jurisdiction over the approximately 50 acres of
Forest Service land identified on the Map as Parcel #1
is
transferred, from the Secretary of Agriculture to the Secretary of the
Interior.
Costs
Any costs relating to the transfer under subsection (a), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.
Use of land
Right-of-way
Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall grant to the City a right-of-way for the maintenance of flood management facilities located on the land.
Disposal
The land referred to in subsection (a) shall be disposed of in accordance with section 201.
Disposition of proceeds
The gross proceeds from the disposal of land under paragraph (2) shall be distributed in accordance with section 202(a).
Land Disposal
Disposal of Carson City land
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 shall, in accordance with that Act, this title, and other applicable law, and subject to valid existing rights, conduct sales of the parcels of Federal land described in subsection (b) to qualified bidders.
Description of land
The parcels of Federal land referred to in subsection (a) are—
the approximately
103 acres of Bureau of Land Management land identified as Lands for
Disposal
on the Map; and
the approximately
50 acres of Bureau of Land Management land identified as Parcel
#1
on the Map.
Compliance with local planning and zoning laws
Before a sale of Federal land under subsection (a), the City shall submit to the Secretary a certification that qualified bidders have agreed to comply with—
City zoning ordinances; and
any master plan for the area approved by the City.
Method of sale; consideration
The sale of Federal land under subsection (a) shall be—
consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713);
unless otherwise determined by the Secretary, through a competitive bidding process; and
for not less than fair market value.
Withdrawal
Subject to valid existing rights, the Federal land described in subsection (b) is withdrawn from—
all forms of entry and appropriation under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Deadline for sale
In general
Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in paragraphs (1) and (2) of subsection (b), the Secretary of the Interior shall offer the land for sale to the qualified bidder.
Postponement; exclusion from sale
Request by carson city for postponement or exclusion
At the request of the City, the Secretary shall postpone or exclude from the sale under paragraph (1) all or a portion of the land described in paragraphs (1) and (2) of subsection (b).
Indefinite postponement
Unless specifically requested by the City, a postponement under subparagraph (A) shall not be indefinite.
Disposition of proceeds
In general
Of the proceeds from the sale of land under sections 101(d)(4)(B) and 201(a)—
5 percent shall be paid directly to the State for use in the general education program of the State; and
the remainder
shall be deposited in a special account in the Treasury of the United States,
to be known as the Carson City Special Account
, and shall be
available without further appropriation to the Secretary until expended
to—
reimburse costs incurred by the Bureau of Land Management for preparing for the sale of the Federal land described in section 201(b), including the costs of—
surveys and appraisals; and
compliance with—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713);
reimburse costs incurred by the Bureau of Land Management and Forest Service for preparing for, and carrying out, the transfers of land to be held in trust by the United States under section 301;
acquire land or an interest in environmentally sensitive land; and
conduct an inventory of, evaluate, and protect unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb)) of the City.
Silver saddle endowment account
Establishment
There
is established in the Treasury of the United States a special account, to be
known as the Silver Saddle Endowment Account
, consisting of such
amounts are deposited under section 101(c)(1).
Availability of amounts
Amounts deposited in the account established by paragraph (1) shall be available to the Secretary, without further appropriation, for the oversight and enforcement of the conservation easement established under section 101(c)(2).
Investment of Accounts
In general
Amounts deposited as principal in the Carson City Special Account established by subsection (a)(2) and the Silver Saddle Endowment Account established by subsection (b)(1) 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.
Availability
Any interest earned under paragraph (1) shall be—
added to the principal of the applicable account; and
expended in accordance with subsection (a)(2) or (b)(2), as applicable.
Withdrawal
In general
Subject to valid existing rights, the Federal land described in subsection (b) is permanently withdrawn from—
all forms of entry and appropriation under the public land laws and mining laws;
location and patent under the mining laws; and
operation of the mineral laws, geothermal leasing laws, and mineral material laws.
Description of land
The land referred to in subsection (a) consists of
approximately 19,747 acres, which is identified on the Map as Urban
Interface Withdrawal
.
Off-highway vehicle management
Until the date on which the Secretary, in consultation with the State, the City, and any other interested persons, completes a transportation plan for Federal land in the City, the use of motorized and mechanical vehicles on Federal land within the City shall be limited to roads and trails in existence on the date of enactment of this Act unless the use of the vehicles is needed—
for administrative purposes; or
to respond to an emergency.
Availability of funds
Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is amended—
in paragraph
(3)(A)(iv), by striking Clark, Lincoln, and White Pine Counties and
Washoe County (subject to paragraph (4))
and inserting Clark,
Lincoln, and White Pine Counties and Washoe County (subject to paragraph (4))
and Carson City (subject to paragraph (5))
;
in paragraph
(3)(A)(v), by striking Clark, Lincoln, and White Pine Counties
and inserting Clark, Lincoln, and White Pine Counties and Carson City
(subject to paragraph (5))
;
in paragraph (4),
by striking 2011
and inserting 2015
; and
by adding at the end the following:
Limitation for carson city
Carson City shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks or natural areas and for conservation initiatives—
adjacent to the Carson River; or
within the floodplain of the Carson River.
.
Transfer of land to be held in trust for the Washoe Tribe, Skunk Harbor Conveyance Correction, Forest Service Agreement, and artifact collection
Transfer of land to be held in trust for Washoe Tribe
In general
Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)—
shall be held in trust by the United States for the benefit and use of the Tribe; and
shall be part of the reservation of the Tribe.
Description of land
The land referred to in subsection (a) consists of
approximately 293 acres, which is identified on the Map as To Washoe
Tribe
.
Survey
Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).
Use of land
Gaming
Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
Trust land for ceremonial use and conservation
With respect to the use of the land taken into trust under subsection (a), the Tribe—
shall limit the use of the land above the 5,200′ elevation contour to—
traditional and customary uses; and
stewardship conservation for the benefit of the Tribe; and
shall not permit any—
permanent residential or recreational development on the land; or
commercial use of the land, including commercial development or gaming.
Trust land for commercial and residential use
With respect to the use of the
land identified as To Washoe Tribe
on the Map, the Tribe shall
limit the use of the land below the 5,200′ elevation to—
traditional and customary uses;
stewardship conservation for the benefit of the Tribe; and
residential or recreational development; or
commercial use.
Thinning; landscape restoration
With respect to the land taken into trust under subsection (a), the Secretary of Agriculture, in consultation and coordination with the Tribe, may carry out any thinning and other landscape restoration activities on the land that is beneficial to the Tribe and the Forest Service.
Correction of Skunk Harbor Conveyance
Purpose
The purpose of this section is to amend Public Law 108–67 (117 Stat. 880) to make a technical correction relating to the land conveyance authorized under that Act.
Technical correction
Section 2 of Public Law 108–67 (117 Stat. 880) is amended—
by striking
Subject to
and inserting the following:
In general
Subject to
;
in subsection (a)
(as designated by paragraph (1)), by striking the parcel
and all
that follows through the period at the end and inserting the following:
and to approximately 23 acres of land identified as
; andParcel
#1
on the map entitled Skunk Harbor Conveyance
Correction
and dated June 24, 2008, the western boundary of which is
the low water line of Lake Tahoe at elevation 6,223.0 (Lake Tahoe
Datum).
by adding at the end the following:
Survey
Not later than 180 days after the date of enactment of this subsection, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries of the trust land.
Public access and use
Nothing in this Act prohibits any approved general public access (through existing easements or by boat) to, or use of, land remaining within the Lake Tahoe Basin Management Unit after the conveyance of the land to the Secretary of the Interior, in trust for the Tribe, under subsection (a), including access to, and use of, the beach and shoreline areas adjacent to the portion of land conveyed under that subsection.
.
Date of trust status
The trust land described in section 2(a) of Public Law 108–67 (117 Stat. 880) shall be considered to be taken into trust as of August 1, 2003.
Transfer
The
Secretary of the Interior, acting on behalf of and for the benefit of the
Tribe, shall transfer to the Secretary of Agriculture administrative
jurisdiction over the land identified as Parcel #2
on the map
entitled Skunk Harbor Conveyance Correction
and dated June 24,
2008.
Agreement with Forest Service
The Secretary of Agriculture, in consultation with the Tribe, shall develop and implement a cooperative agreement that ensures regular access by members of the Tribe and other people in the community of the Tribe across National Forest System land from the City to Lake Tahoe for cultural and religious purposes.
Artifact collection
Notice
At least 180 days before conducting any
ground disturbing activities on the land identified as Parcel #2
on the Map, the City shall notify the Tribe of the proposed activities to
provide the Tribe with adequate time to inventory and collect any artifacts in
the affected area.
Authorized activities
On receipt of
notice under subsection (a), the Tribe may collect and possess any artifacts
relating to the Tribe in the land identified as Parcel #2
on the
Map.
Authorization of appropriations
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.