II 

113TH CONGRESS 

2D SESSION S. 2566 

To provide for the conveyance of certain public land in and around historic 

mining townsites located in the State of Nevada, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2014 

Mr. HELLER (for himself and Mr. REID) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To provide for the conveyance of certain public land in and 

around historic mining townsites located in the State 

of Nevada, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nevada Mining Town5 site Conveyance Act’’. 

6 SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, 

7 ESMERALDA, NYE, AND STOREY COUNTIES, 

8 NEVADA. 

9 (a) FINDINGS.—Congress finds that— 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 2566 IS

1 (1) the Federal Government owns real property 

2 in and around historic mining townsites in the coun3 ties of Esmeralda, Nye, and Storey in the State of 

4 Nevada; 

5 (2) while the real property described in para6 graph (1) is under the jurisdiction of the Secretary, 

7 some of the real property has been occupied for dec8 ades by individuals— 

9 (A) who took possession by purchase or 

10 other documented and putatively legal trans11 actions; and 

12 (B) the continued occupation by whom 

13 constitutes a trespass on the title held by the 

14 Federal Government; 

15 (3) as a result of the confused and conflicting 

16 ownership claims, the real property described in 

17 paragraph (1)— 

18 (A) is difficult to manage under multiple 

19 use policies; and 

20 (B) creates a continuing source of friction 

21 and unease between the Federal Government 

22 and local residents; 

23 (4)(A) all of the real property described in 

24 paragraph (1) is appropriate for disposal for the 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 2566 IS

1 purpose of promoting administrative efficiency and 

2 effectiveness; and 

3 (B) as of the date of enactment of this Act, the 

4 Bureau of Land Management has identified the min5 ing townsites for disposal; and 

6 (5) to promote the responsible resource man7 agement of the real property described in paragraph 

8 (1), certain parcels should be conveyed to the county 

9 in which the property is situated in accordance with 

10 land use management plans of the Bureau of Land 

11 Management so that the county may, in addition to 

12 other actions, dispose of the property to individuals 

13 residing on or otherwise occupying the real property. 

14 (b) DEFINITIONS.—In this Act: 

15 (1) CONVEYANCE MAPS.—The term ‘‘convey16 ance maps’’ means— 

17 (A) the map entitled ‘‘Original Mining 

18 Townsite Ione Nevada’’ and dated October 17, 

19 2005; 

20 (B) the map entitled ‘‘Original Mining 

21 Townsite Gold Point’’ and dated October 17, 

22 2005; and 

23 (C) the map entitled ‘‘Restoring Storey 

24 County Act’’ and dated November 20, 2012. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 2566 IS

1 (2) MINING TOWNSITE.—The term ‘‘mining 

2 townsite’’ means real property— 

3 (A) located in the Gold Point, Ione, Gold 

4 Hill, and Virginia City townsites within the 

5 counties of Esmeralda, Nye, and Storey, Ne6 vada, as depicted on the conveyance maps; 

7 (B) that is owned by the Federal Govern8 ment; and 

9 (C) on which improvements were con10 structed based on the belief that— 

11 (i) the property had been or would be 

12 acquired from the Federal Government by 

13 the entity that operated the mine; or 

14 (ii) the individual or entity that made 

15 the improvement had a valid claim for ac16 quiring the property from the Federal Gov17 ernment. 

18 (D) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of the Interior, acting 

20 through the Bureau of Land Management. 

21 (c) MINING CLAIM VALIDITY REVIEW.— 

22 (1) IN GENERAL.—As soon as practicable after 

23 the date of enactment of this Act, the Secretary 

24 shall carry out an expedited program to examine 

25 each unpatented mining claim (including each 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 2566 IS

1 unpatented mining claim for which a patent applica2 tion has been filed) within each mining townsite. 

3 (2) DETERMINATION OF VALIDITY.—With re4 spect to a mining claim, if the Secretary determines 

5 that the elements of a contest are present, the Sec6 retary shall immediately determine the validity of 

7 the mining claim. 

8 (3) DECLARATION BY SECRETARY.—If the Sec9 retary determines a mining claim to be invalid, as 

10 soon as practicable after the date of the determina11 tion, the Secretary shall declare the mining claim to 

12 be null and void. 

13 (4) TREATMENT OF VALID MINING CLAIMS.— 

14 (A) IN GENERAL.—Each mining claim that 

15 the Secretary determines to be valid shall be 

16 maintained in compliance with the general min17 ing laws and subsection (d)(2)(B). 

18 (B) EFFECT ON HOLDERS.—A holder of a 

19 mining claim described in subparagraph (A) 

20 shall not be entitled to a patent. 

21 (5) ABANDONMENT OF CLAIM.—The Secretary 

22 shall provide— 

23 (A) public notice that each mining claim 

24 holder may affirmatively abandon the claim of 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 2566 IS

1 the mining claim holder prior to the validity re2 view; and 

3 (B) to each mining claim holder an oppor4 tunity to abandon the claim of the mining claim 

5 holder before the date on which the land that 

6 is subject to the mining claim is conveyed. 

7 (d) CONVEYANCE AUTHORITY.— 

8 (1) IN GENERAL.—After completing a validity 

9 review under subsection (c), notwithstanding sec10 tions 202 and 203 of the Federal Land Policy and 

11 Management Act of 1976 (43 U.S.C. 1712, 1713) 

12 and subject to the agreement of the county, the Sec13 retary shall convey to the appropriate county, with14 out consideration, all right, title, and interest of the 

15 United States in and to the mining townsites (in16 cluding improvements on the mining townsites)— 

17 (A) identified for conveyance on the con18 veyance maps; and 

19 (B) that are not subject to valid mining 

20 claims. 

21 (2) VALID MINING CLAIMS.— 

22 (A) IN GENERAL.—With respect to each 

23 parcel of land located in a mining townsite sub24 ject to a valid mining claim, the Secretary shall 

25 reserve the mineral rights and otherwise convey, 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 2566 IS

1 without consideration, the remaining right, title, 

2 and interest of the United States in and to the 

3 mining townsite (including improvements on the 

4 mining townsite) that is identified for convey5 ance on a conveyance map. 

6 (B) PROCEDURES AND REQUIREMENTS.— 

7 Each valid mining claim shall be subject to each 

8 procedure and requirement described in section 

9 9 of the Act of December 29, 1916 (43 U.S.C. 

10 299) (commonly known as the ‘‘Stockraising 

11 Homestead Act of 1916’’) (including regula12 tions). 

13 (3) AVAILABILITY OF CONVEYANCE MAPS.—The 

14 conveyance maps shall be on file and available for 

15 public inspection in the appropriate offices of the 

16 Bureau of Land Management. 

17 (e) RECIPIENTS.— 

18 (1) ORIGINAL RECIPIENT.—Subject to para19 graph (2), the conveyance of a mining townsite 

20 under subsection (d) shall be made to the county in 

21 which the mining townsite is situated. 

22 (2) RECONVEYANCE TO OCCUPANTS.— 

23 (A) IN GENERAL.—In the case of a mining 

24 townsite conveyed under subsection (d) for 

25 which a valid interest is proven by 1 or more 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 2566 IS

1 individuals, under the provisions of Nevada Re2 vised Statutes Chapter 244, the county that re3 ceives the mining townsite under paragraph (1) 

4 shall reconvey the property to the 1 or more in5 dividuals by appropriate deed or other legal 

6 conveyance as provided in that chapter. 

7 (B) AUTHORITY OF COUNTY.—A county 

8 described in subparagraph (A) is not required 

9 to recognize a claim under this paragraph that 

10 is submitted on a date that is later than 5 years 

11 after the date of enactment of this Act. 

12 (f) VALID EXISTING RIGHTS.—The conveyance of a 

13 mining townsite under subsection (d) shall be subject to 

14 valid existing rights, including any easement or other 

15 right-of-way or lease in existence as of the date of the con16 veyance. 

17 (g) WITHDRAWALS.—Subject to valid rights in exist18 ence on the date of enactment of this Act, and except as 

19 otherwise provided in this Act, the mining townsites are 

20 withdrawn from— 

21 (1) all forms of entry, appropriation, or disposal 

22 under the public land laws; 

23 (2) location, entry, and patent under the mining 

24 laws; and 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 2566 IS

1 (3) disposition under all laws pertaining to min2 eral and geothermal leasing or mineral materials. 

3 (h) SURVEY.—A mining townsite to be conveyed by 

4 the United States under subsection (d) shall be sufficiently 

5 surveyed as a whole to legally describe the land for patent 

6 conveyance. 

7 (i) CONVEYANCE OF TERMINATED MINING

8 CLAIMS.—If a mining claim determined by the Secretary 

9 to be valid under subsection (c) is abandoned, invalidated, 

10 or otherwise returned to the Bureau of Land Manage11 ment, the mining claim shall be— 

12 (1) withdrawn in accordance with subsection 

13 (g); and 

14 (2) subject to the agreement of the owner, con15 veyed to the owner of the surface rights covered by 

16 the mining claim. 

17 (j) RELEASE.—On completion of the conveyance of 

18 a mining townsite under subsection (d), the United States 

19 shall be relieved from liability for, and shall be held harm20 less from, any and all claims arising from the presence 

21 of improvements and materials on the conveyed property. 

22 (k) DEADLINE FOR REVIEW AND CONVEYANCES.— 

23 It is the sense of Congress that the examination of the 

24 unpatented mining claims under subsection (c) and the 

25 conveyances under subsection (d) should be completed not 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 2566 IS

1 later than 18 months after the date of enactment of this 

2 Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS