19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–474 

AMENDING THE MESQUITE LANDS ACT OF 1986 TO FACILITATE IMPLEMENTATION OF A MULTISPECIES HABITAT CONSERVATION PLAN FOR 

THE VIRGIN RIVER IN CLARK COUNTY, NEVADA 

MAY 10, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2745] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2745) to amend the Mesquite Lands Act of 1986 to facilitate implementation of a multispecies habitat conservation plan for 

the Virgin River in Clark County, Nevada, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. AMENDMENT TO THE MESQUITE LANDS ACT OF 1986. 

Section 3 of Public Law 99–548 (commonly known as the ‘‘Mesquite Lands Act of 

1986’’) is amended— 

(1) in subsection (d)(3)(B), by inserting ‘‘and implementation’’ after ‘‘development’’; 

(2) in subsection (e)— 

(A) in paragraph (1)(A), by striking ‘‘For a period of 12 years after the 

date of the enactment of this Act,’’ and inserting ‘‘Until November 29, 

2020,’’; 

(B) in paragraph (3), by striking ‘‘Not later than 10 years after the date 

of the enactment of this subsection,’’ and inserting ‘‘Not later than November 29, 2019,’’; and 

(C) in paragraph (5), by striking ‘‘the date that is 12 years after the date 

of the enactment of this subsection,’’ and inserting ‘‘the date specified in 

paragraph (1)(A),’’; and 

(3) in subsection (f)— 

(A) in paragraph (1), by striking ‘‘Not later than 1 year after the date of 

the enactment of this subsection, the’’ and inserting ‘‘The’’; 

(B) in paragraph (2), by inserting after subparagraph (C) the following: 

‘‘(D) The approximately 218 acres of land depicted as ‘Hiatus’ on the map 

titled ‘Mesquite Airport Conveyance’ and dated January, 13, 2012.’’; 

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(C) in paragraph (3), by striking ‘‘until the date that is 12 years after the 

date of the enactment of this subsection,’’ and inserting ‘‘until November 29, 

2020,’’; 

(D) by amending paragraph (4) to read as follows: 

‘‘(4) REVERTER.—If the land conveyed pursuant to paragraph (1) is not used 

by the city as an airport or for another public purpose, it shall revert to the 

United States, at the option of the Secretary, except that the city shall have 

an exclusive right to purchase such land.’’; and 

(E) by redesignating paragraph (5) as paragraph (7) and by inserting 

after paragraph (4) the following: 

‘‘(5) RIGHT TO PURCHASE LAND.—Until November 29, 2020, the City of Mesquite, Nevada, subject to all appropriate environmental reviews, including compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et. 

seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.), shall 

have the exclusive right to purchase the parcels of public land described in 

paragraph (2) that the Secretary did not convey to the city pursuant to paragraph (1). 

‘‘(6) PROCEEDS OF SALE.—The proceeds of the sale of each parcel under this 

subsection shall be deposited into the General Treasury.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 2745, as ordered reported, is to amend the 

Mesquite Lands Act of 1986 to facilitate implementation of a multispecies habitat conservation plan for the Virgin River in Clark 

County, Nevada. 

BACKGROUND AND NEED FOR LEGISLATION

The Mesquite Lands Act of 1986 (Public Law 99–548) was 

amended by Section 121 of Public Law 104–208 to afford the City 

of Mesquite, Nevada, the exclusive right to purchase certain federal 

land under the control of the Bureau of Land Management (BLM), 

at not less than fair market value for a period of 12 years. On October 24, 1996, these public lands were segregated from all forms of 

appropriation under the public land laws, including the general 

mining laws, until September 29, 2008. The Mesquite Lands Act 

was further amended by Public Law 106–113 on November 29, 

1999, with the specific purpose of conveying land to construct a 

commercial airport and to provide more room for commercial and 

industrial development to meet future demands for its citizens and 

a rapidly growing tourism industry. The 1999 amendment provided 

a timeframe of 12 years for the conveyance to occur. The lands 

were subject to all existing rights but were 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 for a period of 12 years after the date 

of the enactment. The authority to obtain the parcels of land made 

available by the Mesquite Lands Act expired in November 2011. 

H.R. 2745 will amend the Mesquite Lands Act of 1986 to extend 

the timeline for Mesquite to purchase select parcels and identify 

land to be conveyed for use as an airport in Clark County, Nevada. 

This will provide more room for commercial and industrial development to meet future demands for its citizens and a rapidly growing 

tourism industry. The bill also corrects an inadvertent omission in 

the Clark County Conservation of Public Land and Natural Resources Act of 2002 (Public Law 107–282) to allow for the implementation of the Virgin River Habitat Conservation and Recovery 

Plan and the Hydrologic Monitoring and Mitigation Plan. 

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During full committee consideration of the bill, the Committee 

approved an amendment offered by Congressman Rob Bishop (RUT) that strikes an expired timing requirement that expired after 

one year of its original enactment, corrects another date reference 

to mirror the extensions to November 29, 2020 in the underlying 

bill and accounts for an approximately 218 acre parcel situated between the other parcels under consideration by Mesquite, Nevada, 

which BLM noted has been inadvertently overlooked due to survey 

errors. Finally, the amendment allowed for Mesquite to purchase, 

at fair market value, any of the acreage identified for the potential 

airport conveyance that is not ultimately used for an airport. Any 

proceeds from the sale of this acreage will be deposited into the 

General Treasury. 

To address a potential and unintended cost stemming from the 

diversion of proceeds from the sale of land in Subsection E (Fifth 

area), the committee will offer an amendment when the bill is considered by the House to direct the proceeds to the General Treasury. Identical language was used to direct the proceeds from potential lands sales in Subsection F (Sixth area) and will ensure that 

there is no cost to the taxpayer. This corrective amendment will 

eliminate the direct spending identified in the Congressional Budget Office score of the bill. 

COMMITTEE ACTION

H.R. 2745 was introduced on August 1, 2011, by Congressman 

Joseph Heck (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. On December 2, 

2011, the Subcommittee held a hearing on the bill. On February 

29, 2012, the Full Natural Resources Committee met to consider 

the bill. The Subcommittee on National Parks, Forests and Public 

Lands was discharged by unanimous consent. Congressman Rob 

Bishop (R-UT) offered amendment designated .965 to the bill; the 

amendment was approved by voice vote. The bill, as amended, was 

then adopted and ordered favorably reported to the House of Representatives by voice vote. 

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. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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 Commstockstill on DSK4VPTVN1PROD with HEARINGS

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mittee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2745—A bill to amend the Mesquite Lands Act of 1986 to facilitate implementation of a multispecies habitat conservation 

plan for the Virgin River in Clark County, Nevada 

H.R. 2745 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 a portion 

of the proceeds from those sales on specified activities. Based on information provided by the affected agencies, CB0 estimates that 

implementing H.R. 2745 would increase direct spending by $3 million over the 2012–2022 period; therefore, pay-as-you-go procedures 

apply. Enacting H.R. 2745 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 $7 

million over the 2012–2020 period. Under FLPMA, 96 percent of all 

proceeds from lands sales are deposited in the U.S. Treasury. Because H.R. 2745 would authorize BLM and USFWS to spend 

roughly half of those proceeds, without further appropriation, to 

pay for certain administrative costs and to implement a multispecies habitat conservation plan in Clark County, Nevada, CB0 estimates that implementing the bill would increase direct spending. 

H.R. 2745 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CB0 staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the affected agencies, CBO estimates that implementing H.R. 2745 would increase direct spending 

by $3 million over the 2012–2022 period; therefore, pay-as-you-go 

procedures apply. Enacting H.R. 2745 would not affect revenues. 

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, as ordered reported, is to amend the Mesquite Lands 

Act of 1986 to facilitate implementation of a multispecies habitat 

conservation plan for the Virgin River in Clark County, Nevada. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates as defined under Public 

Law 104–4. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

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

existing law in which no change is proposed is shown in roman): 

SECTION 3 OF THE ACT OF OCTOBER 27, 1986 

(Public Law 99–548) 

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

SEC. 3. NOTIFICATION AND SALE PERIODS. 

(a) * * * 

* * * * * * * 

(d) FOURTH AREA.—(1) * * * 

* * * * * * * 

(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) * * * 

(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 

* * * * * * * 

(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, 

2020, 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). 

* * * * * * * 

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

of the enactment of this subsection,¿ Not later than November 

29, 2019, the city shall notify the Secretary which of the parcels of public land described in paragraph (2) the city intends 

to purchase. 

* * * * * * * 

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

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

subsection,¿ the date specified in paragraph (1)(A), 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.— 

(1) IN GENERAL.—øNot later than 1 year after the date of the 

enactment of this subsection, the¿ The Secretary shall convey 

to the City of Mesquite, Nevada, in accordance with section 

47125 of title 49, United States Code, and subject to all appropriate environmental reviews, including compliance with the 

National Environmental Policy Act and the Endangered Species Act, up to 2,560 acres of public land to be selected by the 

city from among the parcels of land described in paragraph (2). 

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

paragraph (1) are as follows: 

(A) * * * 

* * * * * * * 

(D) The approximately 218 acres of land depicted as ‘‘Hiatus’’ on the map titled ‘‘Mesquite Airport Conveyance’’ and 

dated January 13, 2012. 

(3) WITHDRAWAL.—Subject to valid existing rights, øuntil the 

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

subsection,¿ until November 29, 2020, 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. 

ø(4) If the land conveyed pursuant to this section is not utilized by the city as an airport, it shall revert to the United 

States, at the option of the Secretary.¿ 

(4) REVERTER.—If the land conveyed pursuant to paragraph 

(1) is not used by the city as an airport or for another public 

purpose, it shall revert to the United States, at the option of the 

Secretary, except that the city shall have an exclusive right to 

purchase such land. 

(5) RIGHT TO PURCHASE LAND.—Until November 29, 2020, the 

City of Mesquite, Nevada, subject to all appropriate environmental reviews, including compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et. seq.) and the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.), shall 

have the exclusive right to purchase the parcels of public land 

described in paragraph (2) that the Secretary did not convey to 

the city pursuant to paragraph (1). 

(6) PROCEEDS OF SALE.—The proceeds of the sale of each parcel under this subsection shall be deposited into the General 

Treasury. 

ø(5)¿ (7) Nothing in this section shall preclude the Secretary 

from applying appropriate terms and conditions as identified 

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by the required environmental review to any conveyance made 

under this section. 

Æ 

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