PUBLIC LAW 106–298—OCT. 13, 2000

LINCOLN COUNTY LAND ACT OF 2000

114 STAT. 1046 PUBLIC LAW 106–298—OCT. 13, 2000

Public Law 106–298

106th Congress

An Act

To direct the Secretary of the Interior to sell certain public land in Lincoln County

through a competitive process.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Lincoln County Land Act of

2000’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) Lincoln County, Nevada, encompasses an area of 10,132

square miles of the State of Nevada;

(2) approximately 98 percent of the County is owned by

the Federal Government;

(3) the City of Mesquite, Nevada, needs land for an organized approach for expansion to the north;

(4) citizens of the County would benefit through enhanced

county services and schools from the increased private property

tax base due to commercial and residential development;

(5) the County would see improvement to the budget for

the county and school services through the immediate distribution of sale receipts from the Secretary selling land through

a competitive bidding process;

(6) a cooperative approach among the Bureau of Land

Management, the County, the City, and other local government

entities will ensure continuing communication between those

entities;

(7) the Federal Government will be fairly compensated

for the sale of public land; and

(8) the proposed Caliente Management Framework Amendment and Environmental Impact Statement for the Management of Desert Tortoise Habitat Plan identify specific public

land as being suitable for disposal.

(b) PURPOSES.—The purposes of this Act are—

(1) to provide for the orderly disposal of certain public

land in the County; and

(2) to provide for the acquisition of environmentally sensitive land in the State of Nevada.

SEC. 3. DEFINITIONS.

In this Act:

(1) CITY.—The term ‘‘City’’ means the City of Mesquite,

Nevada.

Lincoln County

Land Act of 2000.

Nevada.

Oct. 13, 2000

[H.R. 2752]

PUBLIC LAW 106–298—OCT. 13, 2000 114 STAT. 1047

(2) COUNTY.—The term ‘‘County’’ means Lincoln County,

Nevada.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) SPECIAL ACCOUNT.—The term ‘‘special account’’ means

the account in the Treasury of the United States established

under section 5.

SEC. 4. DISPOSAL OF LAND.

(a) DISPOSAL.— (1) IN GENERAL.—As soon as practicable after the date

of the enactment of this Act, notwithstanding the land use

planning and land sale requirements contained in sections 202

and 203 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation

with the County and the City, in accordance with this Act,

the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1701 et seq.), and other applicable law, and subject

to valid existing rights, shall dispose of the land described

in subsection (b) in a competitive bidding process, at a minimum, for fair market value.

(2) TIMING.—The Secretary shall dispose of—

(A) the land described in subsection (b)(1)(A) not later

than 1 year after the date of the enactment of this Act;

and

(B) the land described in subsection (b)(1)(B) not later

than 5 years after the date of the enactment of this Act.

(b) LAND DESCRIPTION.— (1) IN GENERAL.—The land referred to in subsection (a)

is the land depicted on the map entitled ‘‘Public Lands Identified for Disposal in Lincoln County, Nevada’’ and dated July

24, 2000, consisting of—

(A) the land identified on the map for disposal within

1 year, comprising approximately 4,817 acres; and

(B) the land identified on the map for disposal within

5 years, comprising approximately 8,683 acres.

(2) MAP.—The map described in paragraph (1) shall be

available for public inspection in the Ely Field Office of the

Bureau of Land Management.

(c) SEGREGATION.—Subject to valid existing rights, the land

described in subsection (b) is segregated from all forms of entry

and appropriation (except for competitive sale) under the public

land laws, including the mining laws, and from operation of the

mineral leasing and geothermal leasing laws.

(d) COMPLIANCE WITH LOCAL PLANNING AND ZONING.—The Secretary shall ensure that qualified bidders intend to comply with—

(1) County and City zoning ordinances; and

(2) any master plan for the area developed and approved

by the County and City.

SEC. 5. DISPOSITION OF PROCEEDS.

(a) LAND SALES.—Of the gross proceeds of sales of land under

this Act in a fiscal year—

(1) 5 percent shall be paid directly to the State of Nevada

for use in the general education program of the State;

(2) 10 percent shall be returned to the County for use

as determined through normal county budgeting procedures,

with emphasis given to support of schools, of which no amount

Deadlines.

114 STAT. 1048 PUBLIC LAW 106–298—OCT. 13, 2000

may be used in support of litigation against the Federal Government; and

(3) the remainder shall be deposited in a special account

in the Treasury of the United States (referred to in this section

as the ‘‘special account’’) for use as provided in subsection

(b).

(b) AVAILABILITY OF SPECIAL ACCOUNT.—

(1) IN GENERAL.—Amounts in the special account (including

amounts earned as interest under paragraph (3)) shall be available to the Secretary of the Interior, without further Act of

appropriation, and shall remain available until expended, for—

(A) inventory, evaluation, protection, and management

of unique archaeological resources (as defined in section

3 of the Archaeological Resources Protection Act of 1979

(16 U.S.C. 470bb)) in the County;

(B) development of a multispecies habitat conservation

plan in the County;

(C)(i) reimbursement of costs incurred by the Nevada

State Office and the Ely Field Office of the Bureau of

Land Management in preparing sales under this Act, or

other authorized land sales within the County, including

the costs of land boundary surveys, compliance with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.), appraisals, environmental and cultural clearances,

and any public notice; and

(ii) processing public land use authorizations and

rights-of-way stemming from development of the conveyed

land; and

(D) the cost of acquisition of environmentally sensitive

land or interests in such land in the State of Nevada,

with priority given to land outside Clark County.

(2) ACQUISITION FROM WILLING SELLERS.—An acquisition

under paragraph (1)(D) shall be made only from a willing

seller and after consultation with the State of Nevada and

units of local government under the jurisdiction of which the

environmentally sensitive land is located.

(c) INVESTMENT OF SPECIAL ACCOUNT.—All funds deposited as

principal in the special account shall earn interest in the amount

determined by the Secretary of the Treasury on the basis of the

current average market yield on outstanding marketable obligations

of the United States of comparable maturities.

SEC. 6. ACQUISITIONS.

(a) DEFINITION OF ENVIRONMENTALLY SENSITIVE LAND.—In this

section, the term ‘‘environmentally sensitive land’’ means land or

an interest in land, the acquisition of which by the United States

would, in the judgment of the Secretary—

(1) promote the preservation of natural, scientific, aesthetic,

historical, cultural, watershed, wildlife, and other values

contributing to public enjoyment and biological diversity;

(2) enhance recreational opportunities and public access;

(3) provide the opportunity to achieve better management

of public land through consolidation of Federal ownership; or

(4) otherwise serve the public interest.

(b) ACQUISITIONS.—

(1) IN GENERAL.—After the consultation process has been

completed in accordance with subsection (c), the Secretary may

PUBLIC LAW 106–298—OCT. 13, 2000 114 STAT. 1049

LEGISLATIVE HISTORY—H.R. 2752 (S. 1331):

HOUSE REPORTS: No. 106–847 (Comm. on Resources).

SENATE REPORTS: No. 106–417 accompanying S. 1331 (Comm. on Energy and

Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 26, considered and passed House.

Oct. 3, considered and passed Senate.

Æ

acquire with the proceeds of the special account environmentally sensitive land and interests in environmentally sensitive land. Land may not be acquired under this section without the consent of the landowner.

(2) USE OF OTHER FUNDS.—Funds made available from

the special account may be used with any other funds made

available under any other provision of law.

(c) CONSULTATION.—Before initiating efforts to acquire land

under this subsection, the Secretary shall consult with the State

of Nevada and with local government within whose jurisdiction

the land is located, including appropriate planning and regulatory

agencies, and with other interested persons, concerning the necessity of making the acquisition, the potential impacts on State and

local government, and other appropriate aspects of the acquisition.

(d) ADMINISTRATION.—On acceptance of title by the United

States, land and interests in land acquired under this section that

is within the boundaries of a unit of the National Wild and Scenic

Rivers System, National Trails System, National Wilderness

Preservation System, any other system established by Act of Congress, or any national conservation or national recreation area

established by Act of Congress—

(1) shall become part of the unit or area without further

action by the Secretary; and

(2) shall be managed in accordance with all laws and

regulations and land use plans applicable to the unit or area.

Approved October 13, 2000.