H.R. 2630

La Paz County Land Conveyance Act

Latest

II

Calendar No. 652

115th CONGRESS

2d Session

H. R. 2630

[Report No. 115–365]

IN THE SENATE OF THE UNITED STATES

July 24, 2018

Received; read twice and referred to the Committee on Energy and Natural Resources

November 14, 2018

Reported by Ms. Murkowski, with amendments

Omit the part struck through and insert the part printed in italic

AN ACT

To authorize the Secretary of the Interior to convey certain land to La Paz County, Arizona, and for other purposes.

1.

Short title

This Act may be cited as the La Paz County Land Conveyance Act.

2.

Definitions

In this Act:

(1)

County

The term County means La Paz County, Arizona.

(2)

Federal land

The term Federal land means the approximately 8,800 5,935 acres of land managed by the Bureau of Land Management and designated as Federal land to be conveyed on the map.

(3)

Map

The term map means the map prepared by the Bureau of Land Management entitled Proposed La Paz County Land Conveyance and dated May 24, 2017 October 1, 2018.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Conveyance to La Paz County, Arizona

(a)

In general

Not later than 90 days after the date on which the Secretary receives a request from the County to convey all or a portion of the Federal land, subject to valid existing rights and to such terms and conditions as the Secretary determines to be necessary and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the County all right, title, and interest of the United States in and to the Federal land identified on the map.

(b)

Phased conveyance

(1)

In general

The Secretary shall convey the public land described in subsection (a) in parcels over a period of up to 20 years, as is required to carry out the phased development of renewable energy or other economic development.

(2)

Payment of fair market value

A parcel shall be conveyed by the Secretary on payment by La Paz County, Arizona, to the Secretary, of the fair market value of the parcel, as determined under paragraph (3).

(3)

Appraisal to determine fair market value

The Secretary shall determine the fair market value of the Federal land to be conveyed—

(A)

in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(B)

based on an appraisal that is conducted in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(ii)

the Uniform Standards of Professional Appraisal Practice.

(c)

Protection of tribal cultural artifacts

To the greatest extent practicable, the County and all subsequent owners of land conveyed under this Act shall—

(a)

In general

Notwithstanding the planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and in accordance with this section and other applicable law, as soon as practicable after receiving a request from the County to convey the Federal land, the Secretary shall convey the Federal land to the County.

(b)

Restrictions on conveyance

(1)

In general

The conveyance under subsection (a) shall be subject to—

(A)

valid existing rights; and

(B)

such terms and conditions as the Secretary determines to be necessary.

(2)

Exclusion

The Secretary shall exclude from the conveyance under subsection (a) any Federal land that contains significant cultural, environmental, wildlife, or recreational resources.

(c)

Payment of fair market value

The conveyance under subsection (a) shall be for the fair market value of the Federal land to be conveyed, as determined—

(1)

in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(2)

based on an appraisal that is conducted in accordance with—

(A)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(B)

the Uniform Standards of Professional Appraisal Practice.

(d)

Protection of Tribal cultural artifacts

As a condition of the conveyance under subsection (a), the County shall, and as a condition of any subsequent conveyance, any subsequent owner shall—

(1)

make good faith efforts to avoid disturbing Tribal artifacts;

(2)

minimize impacts on Tribal artifacts if they are disturbed;

(3)

work coordinate with the Colorado River Indian Tribes Tribal Historic Preservation Office to identify artifacts of cultural and historic significance; and

(4)

allow Tribal representatives to rebury unearthed artifacts at or near where they were discovered.

(d) (e)

Availability of map

(1)

In general

The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(2)

Corrections

The Secretary and the County may, by mutual agreement—

(A)

make minor boundary adjustments to the Federal land to be conveyed under subsection (a); and

(B)

correct any minor errors in the map, an acreage estimate, or the description of the Federal land.

(e) (f)

Withdrawal

The Federal land is withdrawn from the operation of the mining and mineral leasing laws of the United States.

(f) (g)

Costs

As a condition of the conveyance of the Federal land under subsection (a), the County shall pay—

(1)

an amount equal to the appraised value determined in accordance with subsection (b)(3) (c)(2); and

(2)

all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the County under subsection (a).

(h)

Proceeds from the sale of land

The proceeds from the sale of land under this section shall be—

(1)

deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and

(2)

used in accordance with that Act (43 U.S.C. 2301 et seq.).

November 14, 2018

Reported with amendments