(5) LANDER
COUNTY.—The term ‘‘Lander
County’’ means the Lander County government, a
political subunit of the State of Nevada.
SEC. 803. AUTHORITY TO CONVEY TITLE.
(a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act and in accordance with all
applicable law, the Secretary shall convey all right, title,
and interest in and to the lands and features of the Hum-
boldt Project, as generally depicted on the map entitled
the ‘‘Humboldt Project Conveyance Act’’, and dated July
3, 2002, including all water rights for storage and diver-
sion, to PCWCD, the State, Pershing County, and Lander
County, consistent with the terms and conditions set forth
in the Memorandum of Agreement between PCWCD and
Lander County dated January 24, 2000, the Conceptual
Agreement between PCWCD and the State dated October
18, 2001, the Letter of Agreement between Pershing
County and the State dated April 16, 2002, and any
agreements between the Bureau of Reclamation and
PCWCD.
(b) MAP.—As soon as practicable after the date of
the enactment of this Act, the Secretary shall submit to
Congress a map of the Humboldt Project Conveyance. In
case of a conflict between the map referred to in sub-
section (a) and the map submitted by the Secretary, the
map referred to in subsection (b) shall control. The map
shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and ty-
pographical errors in such map and legal description. Cop-
ies of the map shall be on file and available for public
inspection in the Office of the Commissioner of the Bureau
of Reclamation and in the office of the Area Manager of
the Bureau of Reclamation in Carson City, Nevada.
(c) COMPLIANCE WITH AGREEMENTS.—All parties to
the conveyance under subsection (a) shall comply with the
terms and conditions of the agreements cited in subsection
(a).
(d) REPORT.—If the conveyance required by this sec-
tion has not been completed within 18 months after the
date of enactment of this Act, the Secretary shall submit
a report to the Committee on Resources of the House of
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate that describes—
(1) the status of the conveyance;
(2) any obstacles to completion of the convey-
ance; and
(3) the anticipated date for completion of the
conveyance.
SEC. 804. PAYMENT.
(a) IN GENERAL.—As consideration for any convey-
ance required by section 803, PCWCD shall pay to the
United States the net present value of miscellaneous reve-
nues associated with the lands and facilities to be con-
veyed.
(b) WITHDRAWN LANDS.—As consideration for any
conveyance of withdrawn lands required by section 803,
the entity receiving title shall pay the United States (in
addition to amounts paid under subsection (a)) the fair
market value for any such lands conveyed that were with-
drawn from the public domain pursuant to the Secretarial
Orders dated March 16, 1934, and April 6, 1956.
(c) ADMINISTRATIVE COSTS.—Administrative costs
for conveyance of any land or facility under this title shall
be paid in equal shares by the Secretary and the entity
receiving title to the land or facility, except costs identified
in subsections (d) and (e).
(d) REAL ESTATE TRANSFER COSTS.—As a condi-
tion of any conveyance of any land or facility required by
section 803, costs of all boundary surveys, title searches,
cadastral surveys, appraisals, maps, and other real estate
transactions required for the conveyance shall be paid by
the entity receiving title to the land or facility.
(e) NEPA COSTS.—Costs associated with any review
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for conveyance of any land
or facility under section 803 shall be paid in equal shares
by the Secretary and the entity receiving title to the land
or facility.
(f) STATE OF NEVADA.—The State shall not be re-
sponsible for any payments under this section. Any pro-
posal by the State to reconvey to another entity land con-
veyed by the Secretary under this title shall be pursuant
to an agreement with the Secretary providing for fair mar-
ket value to the United States for the lands, and for con-
tinued management of the lands for recreation, wildlife
habitat, wetlands, or resource conservation.
SEC. 805. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 803,
the district, the State, Pershing County, and Lander
County shall, with respect to the interests conveyed, com-
ply with all requirements of Federal, State, and local law
applicable to non-Federal water distribution systems.
SEC. 806. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by
section 803, the Secretarial Orders dated March 16, 1934,
and April 6, 1956, that withdrew public lands for the Rye
Patch Reservoir and the Humboldt Sink, are hereby re-
voked.
SEC. 807. LIABILITY.
Effective on the date of the conveyance required by
section 803, the United States shall not be held liable by
any court for damages of any kind arising out of any act,
omission, or occurrence relating to the Humboldt Project,
except for damages caused by acts of negligence com-
mitted by the United States or by its employees or agents
prior to the date of conveyance. Nothing in this section
shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of
title 28, United States Code, popularly known as the
‘‘Federal Tort Claims Act’’.
SEC. 808. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to any conveyance under this title, the Sec-
retary shall complete all actions as may be required under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and all other applicable laws.
SEC. 809. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the
Secretary under this title, the Humboldt Project shall no
longer be a Federal reclamation project and the district
shall not be entitled to receive any future reclamation ben-
efits with respect to that project, except those benefits
that would be available to other nonreclamation districts.
TITLE IX—MISCELLANEOUS
PROVISIONS
SEC. 901. TECHNICAL AMENDMENTS TO THE MESQUITE
LANDS ACT 2001.
Section 3 of Public Law 99–548 (100 Stat. 3061;
110 Stat. 3009–202) is amended—
(1) in subsection (d), by adding at the end the
following:
‘‘(3) USE OF PROCEEDS.—The proceeds of the
sale of each parcel completed after the date of enact-
ment of this subsection shall be deposited in the spe-
cial 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 Manage-
ment in arranging the land conveyances di-
rected by this section;
‘‘(B) for the development of a multispecies
habitat conservation plan for the Virgin River
in Clark County, Nevada, including any associ-
ated 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 con-
veyed pursuant to this section and for which the
Secretary has received notification from the city
under paragraph (1).’’; and
(2) in subsection (f)(2)(B), by adding at the
end the following:
‘‘(v) Sec. 7.’’.
Passed the House of Representatives October 16,
2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 5200
AN ACT
To establish wilderness areas, promote conserva-
tion, improve public land, and provide for high
quality development in Clark County, Nevada,
and for other purposes.