[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