[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1195 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1195

 To promote conservation, improve public land management, and provide 
  for sensible development in Pershing County, Nevada, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2025

   Ms. Rosen introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote conservation, improve public land management, and provide 
  for sensible development in Pershing County, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pershing County 
Economic Development and Conservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--CHECKERBOARD LAND RESOLUTION

Sec. 101. Findings.
Sec. 102. Sale or exchange of eligible land.
Sec. 103. Sale of encumbered land.
Sec. 104. Disposition of proceeds.
                       TITLE II--WILDERNESS AREAS

Sec. 201. Additions to the National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Wildlife management.
Sec. 204. Release of wilderness study areas.
Sec. 205. Native American cultural and religious uses.
                      TITLE III--TRIBAL TRUST LAND

Sec. 301. Transfer of land to be held in trust for the Lovelock Paiute 
                            Tribe.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) County.--The term ``County'' means Pershing County, 
        Nevada.
            (3) Eligible land.--The term ``eligible land'' means any 
        land administered by the Director of the Bureau of Land 
        Management--
                    (A) that is within the area identified on the Map 
                as ``Checkerboard Lands Resolution Area'' that is 
                designated for disposal by the Secretary through--
                            (i) the Winnemucca Consolidated Resource 
                        Management Plan; or
                            (ii) any subsequent amendment or revision 
                        to the management plan that is undertaken with 
                        full public involvement;
                    (B) that is identified on the Map as ``Additional 
                Lands Eligible for Disposal''; and
                    (C) that is not encumbered land.
            (4) Encumbered land.--The term ``encumbered land'' means 
        any land administered by the Director of the Bureau of Land 
        Management within the area identified on the Map as 
        ``Checkerboard Lands Resolution Area'' that is encumbered by 
        mining claims, millsites, or tunnel sites.
            (5) Map.--The term ``Map'' means the map entitled 
        ``Pershing County Checkerboard Lands Resolution'' and dated 
        July 8, 2024.
            (6) Qualified entity.--The term ``qualified entity'' means, 
        with respect to a portion of encumbered land--
                    (A) the owner of a mining claim, millsite, or 
                tunnel site located on a portion of the encumbered land 
                on the date of enactment of this Act; and
                    (B) a successor in interest of an owner described 
                in subparagraph (A).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of Nevada.
            (9) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 201(a).

                 TITLE I--CHECKERBOARD LAND RESOLUTION

SEC. 101. FINDINGS.

    Congress finds that--
            (1) since the passage of the Act of July 1, 1862 (12 Stat. 
        489, chapter 120) (commonly known as the ``Pacific Railway Act 
        of 1862''), under which railroad land grants along the Union 
        Pacific Railroad right-of-way created a checkerboard land 
        pattern of alternating public land and privately owned land, 
        management of the land in the checkerboard area has been a 
        constant source of frustration for the County government, 
        private landholders in the County, and the Federal Government;
            (2) management of Federal land in the checkerboard area has 
        been costly and difficult for the Federal land management 
        agencies, creating a disincentive to manage the land 
        effectively;
            (3) parcels of land within the checkerboard area in the 
        County will not vary significantly in appraised value by acre 
        due to the similarity of highest and best use in the County; 
        and
            (4) consolidation of appropriate land within the 
        checkerboard area through sales and exchanges for development 
        and Federal management will--
                    (A) help improve the tax base of the County; and
                    (B) simplify management for the Federal Government.

SEC. 102. SALE OR EXCHANGE OF ELIGIBLE LAND.

    (a) Authorization of Conveyance.--Notwithstanding sections 202, 203 
(other than subsection (b) of that section), 206 (other than 
subsections (d) and (f) of that section), and 209 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), 
as soon as practicable after the date of enactment of this Act, the 
Secretary, in accordance with this Act and any other applicable law and 
subject to valid existing rights, shall conduct sales or exchanges of 
the eligible land as depicted on the Map.
    (b) Joint Selection Required.--After providing public notice, the 
Secretary and the County shall jointly select parcels of eligible land 
to be offered for sale or exchange under subsection (a).
    (c) Method of Sale.--A sale of eligible land under subsection (a) 
shall be--
            (1) consistent with subsections (d) and (f) of section 203 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1713);
            (2) conducted through a competitive bidding process, under 
        which adjoining landowners are offered the first option, unless 
        the Secretary determines there are suitable and qualified 
        buyers that are not adjoining landowners; and
            (3) for not less than fair market value, based on an 
        appraisal in accordance with the Uniform Standards of 
        Professional Appraisal Practice and this Act.
    (d) Land Exchanges.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and subject to the joint selection 
        requirements under subsection (b), the Secretary shall offer to 
        exchange all eligible land under this section for private land.
            (2) Equal value exchange.--
                    (A) In general.--The value of the eligible land and 
                private land to be exchanged under paragraph (1)--
                            (i) shall be equal; or
                            (ii) shall be made equal in accordance with 
                        subparagraph (B).
                    (B) Equalization.--
                            (i) Surplus of eligible land.--With respect 
                        to the eligible land and private land to be 
                        exchanged under paragraph (1), if the value of 
                        the eligible land exceeds the value of the 
                        private land, the value of the eligible land 
                        and the private land shall be equalized by--
                                    (I) the owner of the private land 
                                making a cash equalization payment to 
                                the Secretary;
                                    (II) adding private land to the 
                                exchange; or
                                    (III) removing eligible land from 
                                the exchange.
                            (ii) Surplus of private land.--With respect 
                        to the eligible land and private land to be 
                        exchanged under paragraph (1), if the value of 
                        the private land exceeds the value of the 
                        eligible land, the value of the private land 
                        and the eligible land shall be equalized by--
                                    (I) the Secretary making a cash 
                                equalization payment to the owner of 
                                the private land, in accordance with 
                                section 206(b) of the Federal Land 
                                Policy and Management Act of 1976 (43 
                                U.S.C. 1716(b));
                                    (II) adding eligible land to the 
                                exchange; or
                                    (III) removing private land from 
                                the exchange.
            (3) Adjacent land.--To the extent practicable, the 
        Secretary shall seek to enter into agreements with one or more 
        owners of private land adjacent to the eligible land for the 
        exchange of the private land for the eligible land, if the 
        Secretary determines that the exchange would consolidate 
        Federal land ownership and facilitate improved Federal land 
        management.
            (4) Priority land exchanges.--In acquiring private land 
        under this subsection, the Secretary shall give priority to the 
        acquisition of private land in higher-value natural resource 
        areas in the County.
    (e) Mass Appraisals.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and every 5 years thereafter, the 
        Secretary shall--
                    (A) conduct a mass appraisal of eligible land to be 
                sold or exchanged under this section;
                    (B) prepare an evaluation analysis for each land 
                transaction under this section; and
                    (C) make available to the public the results of the 
                mass appraisals conducted under subparagraph (A).
            (2) Use.--The Secretary may use mass appraisals and 
        evaluation analyses conducted under paragraph (1) to facilitate 
        exchanges of eligible land for private land.
            (3) Applicable law.--An appraisal under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including, as appropriate--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
            (4) Duration.--An appraisal conducted under paragraph (1) 
        shall remain valid for 5 years after the date on which the 
        appraisal is approved by the Secretary.
    (f) Deadline for Sale or Exchange; Exclusions.--
            (1) Deadline.--Not later than 90 days after the date on 
        which the eligible land is jointly selected under subsection 
        (b), the Secretary shall offer for sale or exchange the parcels 
        of eligible land jointly selected under that subsection.
            (2) Postponement or exclusion.--The Secretary or the County 
        may postpone, or exclude from, a sale or exchange of all or a 
        portion of the eligible land jointly selected under subsection 
        (b) for emergency ecological or safety reasons.
    (g) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        mining claims, millsites, and tunnel sites, effective on the 
        date on which a parcel of eligible land is jointly selected 
        under subsection (b) for sale or exchange, that parcel is 
        withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws, including the mining laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
            (2) Termination.--The withdrawal of a parcel of eligible 
        land under paragraph (1) shall terminate--
                    (A) on the date of sale or, in the case of 
                exchange, the conveyance of title of the parcel of 
                eligible land under this section; or
                    (B) with respect to any parcel of eligible land 
                selected for sale or exchange under subsection (b) that 
                is not sold or exchanged, not later than 2 years after 
                the date on which the parcel was offered for sale or 
                exchange under this section.
    (h) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall finalize maps and 
        legal descriptions of the parcels of eligible land to be sold 
        or exchanged under this section.
            (2) Availability.--The maps and legal descriptions 
        finalized under paragraph (1) shall be on file and available 
        for public inspection in appropriate offices of the Bureau of 
        Land Management.
            (3) Corrections.--The Secretary and the County may, by 
        mutual agreement--
                    (A) make minor boundary adjustments to the eligible 
                land to be sold or exchanged under this section; and
                    (B) correct any minor errors, including clerical 
                and typographical errors, on the Map or any maps, 
                acreage estimates, or legal descriptions finalized 
                under this subsection.

SEC. 103. SALE OF ENCUMBERED LAND.

    (a) Authorization of Conveyance.--Notwithstanding sections 202, 
203, 206, and 209 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712, 1713, 1716, 1719), not later than 90 days after the 
date of enactment of this Act and subject to valid existing rights held 
by third parties, the Secretary shall offer to convey to qualified 
entities, for fair market value, the remaining right, title, and 
interest of the United States, in and to the encumbered land as 
depicted on the Map.
    (b) Costs of Sales to Qualified Entities.--As a condition of each 
conveyance of encumbered land under this section, the qualified entity 
shall pay all costs related to the conveyance of the encumbered land, 
including the costs of surveys and other administrative costs 
associated with the conveyance.
    (c) Offer To Convey.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary receives a fair market offer from a 
        qualified entity for the conveyance of encumbered land, the 
        Secretary shall accept the fair market value offer.
            (2) Appraisal.--Fair market value of the interest of the 
        United States in and to encumbered land shall be determined by 
        an appraisal conducted in accordance with the Uniform Standards 
        of Professional Appraisal Practice.
    (d) Conveyance.--Not later than 180 days after the date of 
acceptance by the Secretary of an offer from a qualified entity under 
subsection (c)(1) and completion of a sale for all or part of the 
applicable portion of encumbered land to the qualified entity, the 
Secretary, by delivery of an appropriate deed, patent, or other valid 
instrument of conveyance, shall convey to the qualified entity all 
remaining right, title, and interest of the United States in and to the 
applicable portion of the encumbered land.
    (e) Merger.--Subject to valid existing rights held by third 
parties, on delivery of the instrument of conveyance to the qualified 
entity under subsection (d), the prior interests in the locatable 
minerals and the right to use the surface for mineral purposes held by 
the qualified entity under a mining claim, millsite, tunnel site, or 
any other Federal land use authorization applicable to the encumbered 
land included in the instrument of conveyance, shall merge with all 
right, title, and interest conveyed to the qualified entity by the 
United States under this section to ensure that the qualified entity 
receives fee simple title to the purchased encumbered land.

SEC. 104. DISPOSITION OF PROCEEDS.

    (a) Disposition of Proceeds.--Of the proceeds from the sale of land 
under this title--
            (1) 5 percent shall be disbursed to the State for use in 
        the general education program of the State;
            (2) 10 percent shall be disbursed to the County for use as 
        determined through normal County budgeting procedures; and
            (3) the remainder shall be deposited in a special account 
        in the Treasury of the United States, to be known as the 
        ``Pershing County Special Account'', which shall be available 
        to the Secretary, in consultation with the County, for--
                    (A) the acquisition of land from willing sellers 
                (including interests in land) in the County--
                            (i) within a wilderness area;
                            (ii) that protects other environmentally 
                        significant land;
                            (iii) that secures public access to Federal 
                        land for hunting, fishing, and other 
                        recreational purposes; or
                            (iv) that improves management of Federal 
                        land within the area identified as 
                        ``Checkerboard Lands Resolution Area'' on the 
                        Map; and
                    (B) the reimbursement of costs incurred by the 
                Secretary in preparing for the sale or exchange of land 
                under this title.
    (b) Investment of Special Account.--Any amounts deposited in the 
special account established under subsection (a)(3)--
            (1) shall earn interest in an amount determined by the 
        Secretary of the Treasury, based on the current average market 
        yield on outstanding marketable obligations of the United 
        States of comparable maturities; and
            (2) may be expended by the Secretary in accordance with 
        this section.
    (c) Reports.--
            (1) In general.--Not later than September 30 of the fifth 
        fiscal year after the date of enactment of this Act, and every 
        5 fiscal years thereafter, the Secretary shall submit to the 
        State, the County, and the appropriate congressional committees 
        a report on the operation of the special account established 
        under subsection (a)(3) for