[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4200 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4200
To promote conservation, improve public land, and provide for sensible
development in Douglas County, Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2026
Ms. Cortez Masto 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, and provide for sensible
development in Douglas 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 ``Douglas County
Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--LAND CONVEYANCES
Sec. 101. Conveyance to State of Nevada.
Sec. 102. Conveyance to Douglas County, Nevada.
Sec. 103. Sale of certain Federal land.
Sec. 104. Open space recreation area.
TITLE II--TRIBAL CULTURAL RESOURCES
Sec. 201. Transfer of land to be held in trust for Tribe.
TITLE III--BURBANK CANYONS WILDERNESS
Sec. 301. Addition to National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Fish and wildlife management.
Sec. 304. Release of wilderness study area.
Sec. 305. Native American cultural and religious uses.
TITLE IV--CERTAIN FOREST SERVICE LAND PROVISIONS
Sec. 401. Determination required under the Santini-Burton Act.
Sec. 402. Special use authorizations for recreation and other purposes.
SEC. 2. PURPOSE.
The purpose of this Act is to promote conservation, improve public
land, and provide for sensible development in Douglas County, Nevada,
and for other purposes.
SEC. 3. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Douglas County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Douglas
County Economic Development and Conservation Act'' and dated
March 25, 2026.
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to National Forest System land,
the Secretary of Agriculture (acting through the Chief
of the Forest Service); and
(B) with respect to land managed by the Bureau of
Land Management, including land held in trust for the
benefit of the Tribe, the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California.
(7) Wilderness.--The term ``Wilderness'' means the Burbank
Canyons Wilderness designated by section 301(a).
TITLE I--LAND CONVEYANCES
SEC. 101. CONVEYANCE TO STATE OF NEVADA.
(a) Conveyance.--Subject to valid existing rights, the Secretary
concerned shall convey to the State, without consideration, all right,
title, and interest of the United States in and to the land described
in subsection (b).
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 67 acres of Forest Service land generally depicted as
``Lake Tahoe-Nevada State Park'' on the Map.
(c) Costs.--As a condition of the conveyance under subsection (a),
the State shall pay all costs associated with the conveyance, including
costs of surveys, appraisals, environmental response and restoration,
and administrative costs (including closing fees).
(d) Use of Land.--
(1) In general.--The land conveyed to the State under
subsection (a) shall be used only for--
(A) the conservation of wildlife or natural
resources; or
(B) a public park.
(2) Facilities.--Any facility on the land conveyed under
subsection (a) shall be constructed and managed in a manner
consistent with the uses described in paragraph (1).
(e) Environmental Response and Restoration.--For purposes of the
conveyance of land under subsection (a), the Secretary concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the land conveyed.
(f) Easements.--As a condition of conveyance of the land under
subsection (a), access easements for roads and trails shall be reserved
in the applicable deed at the discretion of the Secretary concerned.
(g) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary concerned.
(h) Minor Errors.--The Secretary concerned, in consultation with
the State, may--
(1) make minor boundary adjustments to the land to be
conveyed under subsection (a); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the land to be conveyed under that
subsection.
(i) Reversion.--If any portion of the land conveyed under
subsection (a) is used in a manner that is inconsistent with the uses
described in subsection (d), the land shall, at the discretion of the
Secretary concerned, revert to the United States.
(j) Additional Terms and Conditions.--With respect to the
conveyance of land under subsection (a), the Secretary concerned may
require such additional terms and conditions as the Secretary concerned
determines to be appropriate to protect the interests of the United
States.
SEC. 102. CONVEYANCE TO DOUGLAS COUNTY, NEVADA.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the approximately 7,777 acres of Federal land in
the County that is identified as ``Douglas County Land Conveyances'' on
the Map.
(b) Authorization of Conveyance.--Subject to valid existing rights
and notwithstanding the land use planning requirements of section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712),
on receipt of a request from the County for the conveyance of the
Federal land, the Secretary concerned shall convey to the County,
without consideration, all right, title, and interest of the United
States in and to the Federal land.
(c) Costs.--The County shall pay any costs relating to the
conveyance authorized under subsection (b), including costs of surveys,
appraisals, environmental response and restoration, and administrative
costs (including closing fees).
(d) Use of Federal Land.--
(1) In general.--The Federal land conveyed under subsection
(b)--
(A) shall not be used by the County for purposes
other than flood control, recreation, environmental
quality, or any other public purpose consistent with
the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869
et seq.); and
(B) shall not be disposed of by the County.
(2) Reversion.--If the Federal land conveyed under
subsection (b) is used in a manner inconsistent with paragraph
(1), the Federal land shall, at the discretion of the Secretary
concerned, revert to the United States.
(e) Environmental Response and Restoration.--For purposes of the
conveyance of the Federal land under subsection (b), the Secretary
concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the land conveyed.
(f) Easements.--As a condition of conveyance of the Federal land
under subsection (b), access easements for roads and trails shall be
reserved in the applicable deed at the discretion of the Secretary
concerned.
(g) Survey.--The exact acreage and legal description of the Federal
land to be conveyed under subsection (b) shall be determined by a
survey satisfactory to the Secretary concerned.
(h) Minor Errors.--The Secretary concerned, in consultation with
the County, may--
(1) make minor boundary adjustments to the Federal land to
be conveyed under subsection (b); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the Federal land to be conveyed under
that subsection.
(i) Acquisition of Federal Reversionary Interest.--
(1) Request.--The County may submit to the Secretary
concerned a request to acquire the Federal reversionary
interest in all or any portion of the Federal land conveyed
under subsection (b), subject to the condition that the uses of
that land are consistent with subsection (d)(1).
(2) Appraisal.--
(A) In general.--On receipt of a request under
paragraph (1), the Secretary concerned shall complete
an appraisal of the Federal reversionary interest in
the Federal land requested by the County.
(B) Requirement.--The appraisal under subparagraph
(A) shall be completed in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(iii) the Uniform Standards of Professional
Appraisal Practice.
(3) Conveyance required.--
(A) In general.--If, by the date that is 1 year
after the date of completion of the appraisal under
paragraph (2), the County submits to the Secretary
concerned an offer to acquire the Federal reversionary
interest requested under paragraph (1), the Secretary
concerned, shall convey to the County the reversionary
interest in the Federal land requested with
consideration.
(B) Consideration.--As consideration for the
conveyance of the Federal reversionary interest
conveyed under subparagraph (A), the County shall pay
to the Secretary concerned an amount equal to the
appraised value of the Federal reversionary interest,
as determined under paragraph (2).
(C) Costs of conveyance.--The County shall pay any
costs relating to the conveyance of the Federal
reversionary interest under subparagraph (A), including
any costs for surveys and other administrative costs.
(4) Disposition of proceeds.--Any amounts collected under
this subsection shall be disposed of in accordance with section
103(n).
(j) Revocation of Orders.--Any public land order that withdraws any
parcel of the Federal land from appropriation or disposal under a
public land law shall be revoked to the extent necessary to permit
disposal of the parcel of Federal land.
SEC. 103. SALE OF CERTAIN FEDERAL LAND.
(a) In General.--As soon as practicable after the date of enactment
of this Act, and notwithstanding sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary concerned shall, in accordance with the other provisions of
that Act and any other applicable law, and subject to valid existing
rights, conduct 1 or more sales of the parcels of Federal land
described in subsection (b) to qualified bidders.
(b) Description of Land.--The parcels of Federal land referred to
in subsection (a) are--
(1) the approximately 31.5 acres of public land generally
depicted as ``Lands for Disposal'' on the Map; and
(2) certain Federal land selected in accordance with
subsection (c) for potential disposal by the Secretary
concerned through--
(A) the Carson City Field Office Consolidated
Resource Management Plan (including any subsequent
amendments to that plan); or
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq).
(c) Joint Selection Required.--The Secretary concerned and the
County shall jointly select which parcels of Federal land to offer for
potential disposal under subsection (b)(2).
(d) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale of Federal land under subsection (a), the County
shall submit to the Secretary concerned a certification that qualified
bidders have agreed to comply with--
(1) County zoning ordinances; and
(2) any master plan for the area approved by the County.
(e) Survey.--The exact acreage and legal description of a parcel of
Federal land to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary concerned.
(f) Minor Errors.--The Secretary concerned, in consultation with
the County, may--
(1) make minor boundary adjustments to the parcels of
Federal land to be conveyed under subsection (a); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the parcels of Federal land to be
conveyed under that subsection.
(g) Easements.--As a condition of the conveyance of a parcel of
Federal land under subsection (a), access easements for roads and
trails shall be reserved in the applicable deed at the discretion of
the Secretary concerned.
(h) Environmental Response and Restoration.--For purposes of a
conveyance of a parcel of Federal land under subsection (a), the
Secretary concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the Federal land conveyed.
(i) Additional Terms and Conditions.--With respect to a conveyance
of a parcel of Federal land under subsection (a), the Secretary
concerned may require such additional terms and conditions as the
Secretary concerned determines to be appropriate to protect the
interests of the United States.
(j) Method of Sale.--A sale of a parcel of Federal land under
subsection (a) shall be--
(1) through a competitive bidding process, unless otherwise
determined by the Secretary concerned; and
(2) for not less than fair market value.
(k) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not later than 30 days before any parcel
of Federal land that is identified for disposal by the Carson
City Field Office Consolidated Resource Management Plan (or any
amendment to that plan) is offered for sale under subsection
(a), the State or County may elect to obtain the applicable
parcel of Federal land for 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.).
(2) Retention.--Pursuant to an election made under
paragraph (1), the Secretary concerned shall retain the parcel
of Federal land subject to the election for conveyance to the
State or County 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.).
(3) Reversion.--If any parcel of Federal land conveyed to
the State or County under paragraph (1) is used in a manner
inconsistent with the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.), the Federal land shall, at the discretion of the
Secretary concerned, revert to the United States.
(l) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (3), the Federal land described
in subsection (b) is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(2) Termination.--The withdrawal under paragraph (1) shall
terminate--
(A) on the date of sale or conveyance of title to
the parcel of Federal land (including mineral rights)
described in subsection (b) pursuant to this section;
or
(B) with respect to any parcel of Federal land
described in subsection (b) that is not sold or
exchanged, not later than 2 years after the date on
which the parcel of Federal land was offered for sale
under this section.
(3) Exce