[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