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[House Report 111-178]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-178

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  TO VALIDATE FINAL PATENT NUMBER 27-2005-0081, AND FOR OTHER PURPOSES

                                _______
                                

 June 23, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 762]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 762) to validate final patent number 27-2005-
0081, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 762 is to validate final patent number 
27-2005-0081, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1988, Congress directed the Secretary of the Interior to 
exchange certain federal lands in the Coyote Springs Valley of 
Nevada, just outside Las Vegas, to the Aerojet Corporation, in 
return for certain sensitive lands in the Everglades of Florida 
(Nevada-Florida Land Exchange Authorization Act of 1988 [Public 
Law 100-275]). Under this land exchange Aerojet acquired nearly 
29,000 acres of patented lands to develop, and also acquired a 
99-year lease on another approximately 14,000 acres in Nevada.
    Under the exchange agreement, these leased lands were 
intended to be used for habitat, primarily for the conservation 
of the endangered desert tortoise. However, the lands were 
located entirely within the boundary of the patented lands and 
surrounded by development activities. This configuration of the 
land resulted in the isolation of tortoise populations, led to 
habitat fragmentation and undermined the long-term recovery of 
the species. Citing these concerns in 2001, the U.S. Fish and 
Wildlife Service (FWS) requested that the Bureau of Land 
Management (BLM) initiate a boundary adjustment to prevent the 
further decline of tortoise populations.
    In 2005, the BLM issued a final patent (Patent No. 27-2005-
0081), that would adjust the boundary line between the leased 
and patented lands by reconfiguring them to accommodate habitat 
connectivity for the tortoise. However, in 2006 the Western 
Lands Project and Nevada Outdoor Recreation Association sued 
the BLM, and the current property owners (Aerojet had sold the 
lands to a development company, Coyote Springs Investment) 
claiming the process used to reconfigure the boundary failed to 
comply with federal law.
    In 2007, the parties agreed to settle the lawsuit. H.R. 762 
will implement one of several settlement stipulations by 
validating the final patent to the land, and to the associated 
reconfiguration of lands. All parties to the litigation support 
H.R. 762.

                            COMMITTEE ACTION

    H.R. 762 was introduced on January 28, 2009, by 
Representative Heller (R-NV). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests, and Public Lands.
    At a National Parks, Forests and Public Lands Subcommittee 
hearing on May 14, 2009, a representative of the Department of 
the Interior testified that the BLM supports the bill and no 
changes were recommended.
    On June 10, 2009, the Subcommittee was discharged from 
further consideration of H.R. 762 and the full Natural 
Resources Committee met to consider the bill. The bill was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to validate final patent number 27-
2005-0081, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 762--A bill to validate final patent number 27-2005-0081, and for 
        other purposes

    H.R. 762 would validate a patent issued by the Bureau of 
Land Management (BLM) in 2005. The patent would convey title to 
about 7,000 acres of land in Clark County, Nevada, to the 
Coyote Springs Investment LLC (CSI). Based on information 
provided by BLM, CBO estimates that implementing this 
legislation would have no effect on the federal budget because 
the affected land was already conveyed to the CSI in a 
previously authorized land exchange. The legislation would 
confirm that conveyance, which had been disputed in a lawsuit 
with environmental organizations.
    H.R. 762 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose cost on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 762 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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