29–010 

Calendar No. 122 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–68 

MULTISPECIES HABITAT CONSERVATION PLAN 

IMPLEMENTATION 

JUNE 27, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 757] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 757) to provide for the implementation of the 

multispecies habitat conservation plan for the Virgin River, Nevada, and Lincoln County, Nevada, to extend the authority to purchase certain parcels of public land, and for other purposes, having 

considered the same, reports favorably thereon without amendment 

and recommends that the bill do pass. 

PURPOSE

The purpose of S. 757 is to amend Public Law 99–548 to provide 

for the implementation of the multispecies habitat conservation 

plan for the Virgin River in Nevada, and to extend the authority 

to purchase certain parcels of public land in Mesquite, Nevada. 

BACKGROUND AND NEED

The Mesquite Lands Act of 1986 (Public Law 99–548) has provided the City of Mesquite, Nevada, the exclusive right to purchase 

certain Federal land in eastern Clark County, Nevada, under the 

jurisdiction of the Bureau of Land Management (BLM). The rights 

include the option to purchase lands at fair market value for a period of twelve years, which expired on November 21, 2011. 

The City of Mesquite, located between Las Vegas and St. George, 

Utah, was one of the fastest growing cities in the country during 

the 1990s. Because it is mostly landlocked by public lands, the 

1986 legislation was amended to allow the city to purchase additional lands for economic development. In addition to identifying 


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lands for sale, an amendment Public Law 107–282 provides that a 

portion of the proceeds from the sale of certain parcels be deposited 

in an account established under the Southern Nevada Public Land 

Management Act of 1998. 

In addition to paying for the BLM’s costs to convey land to the 

City of Mesquite, the Act also provides that the funds be made 

available ‘‘for the development of a multispecies habitat conservation plan for the Virgin River in Clark County, Nevada, including 

any associated groundwater monitoring plan.’’ This included a 

mandate that the city participate in the development of a Habitat 

Conservation and Recovery Plan and a Hydrologic Monitoring and 

Mitigation Plan along the Virgin River. 

The habitat conservation plan was established to provide a mechanism for Federal and non-Federal entities to work collaboratively 

to protect and conserve imperiled species in the Lower Virgin River 

Basin. The hydrologic plan provides for monitoring to assure the 

Virgin River is not adversely affected by the extraction of groundwater for new development. 

While the amendment language in Public Law 107–282 allowed 

for the ‘‘development’’ of these plans, it inadvertently omitted ‘‘implementation’’ of these plans. Other land acts, such as Southern 

Nevada Public Lands Management Act and the Lincoln and White 

Pine County Lands Acts, clearly state that funds shall be expended 

on both development and implementation of multi-species habitat 

conservation plans that are associated with new development in 

their respective areas. 

As the authority for the city to purchase further lands and access 

the funds expired on November 21, 2011, legislation is needed to 

implement both the habitat conservation and hydrologic monitor 

plans. It is also necessary to give more time for the Federal Aviation Administration (FAA) to complete its ongoing evaluation for a 

replacement airport under lands authorized in a 1999 amendment 

(Public Law 106–133). 

LEGISLATIVE HISTORY

S. 757 was introduced by Senator Heller on April 16, 2013. A 

hearing was held on S. 757 by the Subcommittee on Public Lands, 

Forests and Mining on April 25, 2013. At its business meeting on 

May 16, 2013 the Committee ordered the bill favorably reported 

without amendment. 

In the 112th Congress, similar legislation was introduced by Senator Heller, S. 1473. The Subcommittee on Public Lands and Forests held a hearing on S. 1473 on March 22, 2012 (S. Hrg. 112– 

642). Also in the 112th Congress, similar legislation, H.R. 2745, 

was introduced by Rep. Joseph Heck. H.R. 2745 was reported favorably, with amendments, by the House Natural Resources Committee on February 29, 2012. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 757. 


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SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, ‘‘Multispecies Habitat Conservation Plan Implementation Act’’. 

Section 2(a) inserts language authorizing the Secretary of the Interior to use funds for the implementation of a multispecies habitat 

conservation plan for the Virgin River in Clark County Nevada 

under section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345). Previous language only authorized the Secretary to use funds for development purposes. 

Subsection (b) inserts language authorizing the Secretary of the 

Interior to use funds for the implementation of a multispecies habitat conservation plan for Lincoln County, Nevada. Previous language only authorized the Secretary to use funds for development 

purposes. 

Section 3(1) strikes sunset provisions in paragraphs (1), (3), and 

(5) and extends them to November 29, 2021. 

Paragraph (2) strikes the twelve year sunset provision and extends it to November 29, 2021. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 757—Multispecies Habitat Conservation Plan Implementation 

Act 

S. 757 would give the city of Mesquite, Nevada, the exclusive 

right to purchase certain federal lands administered by the Bureau 

of Land Management (BLM). The bill also would authorize BLM 

and the U.S. Fish and Wildlife Service (USFWS) to spend proceeds 

from those sales on specified activities. Based on information provided by the affected agencies, CBO estimates that implementing 

S. 757 would increase direct spending by $3 million in 2022; therefore, pay-as-you-go procedures apply. Enacting S. 757 would not affect revenues. 

Based on information from BLM and the city of Mesquite, CBO 

expects that, under current law, the affected lands would be sold 

under the Federal Land Policy and Management Act (FLPMA). 

CBO estimates that proceeds from those sales would total about $3 

million in 2022. Under FLPMA, 96 percent of all proceeds from 

land sales are deposited in the U.S. Treasury. Because S. 757 

would authorize BLM and USFWS to spend those proceeds, without further appropriation, to implement plans to conserve multispecies habitat in Nevada and to carry out certain other activities, 

CBO estimates that implementing the bill would increase direct 

spending. 

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct 

spending or revenues. S. 757 would increase direct spending; therefore, pay-as-you-go procedures apply. The net budgetary changes 

that are subject to pay-as-you-go procedures are shown in the following table. 


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CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 757, THE MULTISPECIES 

HABITAT CONSERVATION PLAN IMPLEMENTATION ACT, AS ORDERED REPORTED BY THE SENATE 

COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013– 

2018 

2013– 

2023 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 0 3 0 0 3 

S. 757 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 757. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 757, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 757, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management at 

the April 25, 2013, Subcommittee on Public Lands, Forests, and 

Mining hearing on S. 757 follows: 

STATEMENT OF JAMIE CONNELL, ACTING DEPUTY DIRECTOR, 

BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to present the views of 

the Department of the Interior on S. 757, which amends 

the Mesquite Lands Act of 1986 in order to renew and extend certain authorizations which had expired in late 

2011. The BLM supports the goals of S. 757 to provide for 

the economic development needs of Mesquite, Nevada, and 

for the implementation of habitat conservation plans in 

Clark County and in Lincoln County, Nevada. The BLM 

notes that existing authorities, such as sales under the 

Federal Land Policy Management Act (FLPMA), allow 

BLM to achieve similar purposes through the development 


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of Resource Management Plans and include opportunities 

for public comment. 

BACKGROUND

The Mesquite Lands Act of 1986 (P.L. 99–548) afforded 

the City of Mesquite in eastern Clark County, Nevada, the 

exclusive right to purchase certain parcels of public land, 

at fair market value, for a period of years. In a series of 

amendments over the last 17 years, the Mesquite Lands 

Act was amended to add additional parcels, authorize 

funding to develop a habitat conservation plan for the Virgin River, and to direct a conveyance to the City. The authorizations under the Mesquite Lands Act expired in late 

2011. The Lincoln County Land Act of 2000 (P.L. 106–298) 

similarly authorized the use of certain funds for development of a habitat conservation plan in Lincoln County. 

While the City of Mesquite acquired approximately 7,700 

acres of public lands under the Mesquite Lands Act, as 

amended, it was not able to complete all of the acquisitions 

it sought in the prescribed time period. 

S. 757

S. 757 extends certain authorizations in the Mesquite 

Lands Act, as amended, for an additional ten years to November 29, 2021. The bill also allows for the use of certain 

funds for the implementation (in addition to the development) of habitat conservation plans for the Virgin River in 

Clark County as well as for a habitat conservation plan in 

Lincoln County. It also extends the withdrawal of the 

lands from all forms of location, entry and appropriation 

under the public land laws, including mining laws, and 

from operation of mineral leasing and geothermal leasing 

laws, subject to valid existing rights. 

The BLM supports S. 757 and its goal of providing for 

the long-term economic development needs of the City. It 

would allow more time to complete the environmental reviews (and to develop possible mitigation of impacts) of 

proposed land uses on the parcels. The U.S. Fish and Wildlife Service has been working cooperatively with the BLM 

in the development of the habitat conservation plan for the 

Virgin River. The additional authorizations in S. 757 to 

implement habitat conservation plans will enhance the Department’s habitat protection efforts in Clark County and 

in Lincoln County, Nevada. 

CONCLUSION

Thank you for the opportunity to present testimony on 

S. 757. I will be glad to answer any questions. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

757, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 


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printed in italic, existing law in which no change is proposed is 

shown in roman): 

PUBLIC LAW 99–548, as amended 

AN ACT To transfer certain real property to the City of Mesquite, Nevada 

* * * * * * * 

SEC. 3. NOTIFICATION AND SALE PERIODS. 

* * * * * * * 

(d) FOURTH AREA.—(1) No later than ten years after the date of 

enactment of this Act, the City of Mesquite shall notify the Secretary as to which if any of the public lands identified in paragraph 

(2) of this subsection the city wishes to purchase. 

* * * * * * * 

(3) USE OF PROCEEDS.—The proceeds of the sale of each parcel 

completed after the date of enactment of this subsection shall be 

deposited in the special account established under section 4(e)(1)(C) 

of the Southern Nevada Public Land Management Act of 1998 (112 

Stat. 2345); and shall be available for use by the Secretary— 

(A) to reimburse costs incurred by the local offices of the Bureau of Land Management in arranging the land conveyances 

directed by this section; 

(B) for the development and implementation of a multispecies habitat conservation plan for the Virgin River in Clark 

County, Nevada, including any associated groundwater monitoring plan; and 

(C) as provided in section 4(e)(3) of that Act (112 Stat. 2346). 

(4) TIMING.—Not later than 90 days after the date of enactment 

of this section, the Secretary shall complete the sale of any parcel 

authorized to be conveyed pursuant to this section and for which 

the Secretary has received notification from the city under paragraph (1). 

(e) FIFTH AREA.— (1) RIGHT TO PURCHASE.— (A) IN GENERAL.—øFor a period of 12 years after the 

date of the enactment of this Act¿ Until November 29, 

2021, the City of Mesquite, Nevada, subject to all appropriate environmental reviews, including compliance with 

the National Environmental Policy Act and the Endangered Species Act, shall have the exclusive right to purchase the parcels of public land described in paragraph (2). 

(B) APPLICABILITY.—Subparagraph (A) shall apply to a 

parcel of land described in paragraph (2) that has not been 

identified for disposal in the 1998 Bureau of Land Management Las Vegas Resource Management Plan only if the 

conveyance is made under subsection (f). 

(2) LAND DESCRIPTION.—The parcels of public land referred 

to in paragraph (1) are as follows: 

* * * * * * * 

(3) NOTIFICATION.—øNot later than 10 years after the date 

of the enactment of this subsection¿ Not later than November 

29, 2021, the city shall notify the Secretary which of the parVerDate Mar 15 2010 05:18 Jul 02, 2013 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR068.XXX SR068

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cels of public land described in paragraph (2) the city intends 

to purchase. 

(4) CONVEYANCE.—Not later than 1 year after receiving notification from the city under paragraph (3), the Secretary shall 

convey to the city the land selected for purchase. 

(5) WITHDRAWAL.—Subject to valid existing rights, until øthe 

date that is 12 years after the date of the enactment of this 

subsection¿ November 29, 2021, the parcels of public land described in paragraph (2) are withdrawn from all forms of entry 

and appropriation under the public land laws, including the 

mining laws, and from operation of the mineral leasing and 

geothermal leasing laws. 

* * * * * * * 

(f) SIXTH AREA.— 

* * * * * * * 

(3) WITHDRAWAL.—Subject to valid existing rights, until øthe 

date that is 12 years after the date of the enactment of this 

subsection¿ November 29, 2021, the parcels of public land described in paragraph (2) are withdrawn from all forms of entry 

and appropriation under the public land laws, including the 

mining laws, and from operation of the mineral leasing and 

geothermal laws. 

* * * * * * * 

LINCOLN COUNTY LAND ACT OF 2000 

Public Law 106–298 

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

County through a competitive process. 

* * * * * * * 

SEC. 5. DISPOSITION OF PROCEEDS. 

* * * * * * * 

(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 and implementation of a multispecies 

habitat conservation plan in the County; 

* * * * * * * 

Æ 


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