I 
108TH CONGRESS 
1ST SESSION H. R. 2869
To direct the Secretary of the Interior to sell certain public lands subject 
to mining operations in Eureka, Lander, White Pine, Elko, and Hum-
boldt Counties, Nevada, for the reclamation of abandoned mines in Ne-
vada, to promote and enhance economic development, education, and 
local government revenues, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2003
Mr. GIBBONS introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To direct the Secretary of the Interior to sell certain public 
lands subject to mining operations in Eureka, Lander, 
White Pine, Elko, and Humboldt Counties, Nevada, for 
the reclamation of abandoned mines in Nevada, to pro-
mote and enhance economic development, education, and 
local government revenues, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Nevada 
Rural Economic Development and Land Consolidation Act 
of 2003’’.
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds as follows: 
(1) The economy of Nevada is dependent upon 
mining as a major source of high-paying jobs and 
other economic benefits. 
(2) Fifteen percent of employment in Eureka, 
Lander, White Pine, Elko, and Humboldt Counties 
in Nevada is directly provided by mining corpora-
tions, while nearly 50 percent of employment in 
those counties is a direct result of the mining indus-
try. 
(3) Citizens of northern Nevada counties would 
benefit through enhanced county services and 
schools from the increased private property tax base 
that would result from private ownership of the pub-
lic land subject to mining operations. 
(4) The Federal Government owns approxi-
mately 81 percent of the total area of Eureka, Land-
er, White Pine, Elko, and Humboldt Counties in Ne-
vada, and many mining operations in those counties 
are conducted on public lands subject to mining or 
mill site claims located and maintained under the 
general mining laws. 
(5) The general mining laws have historically 
allowed mining claimants to receive patents to their 
claims from the United States, and the public land
laws authorize land exchanges and direct sales as 
methods for mining companies to obtain security of 
tenure for their operations. 
(6) However, since 1994, Congress has placed 
moratoria on further processing of patent applica-
tions under the general mining laws, except for cer-
tain patent applications that were pending at the 
time of the first moratorium. 
(7) There is a severe backlog of land exchange 
and direct sale petitions in Nevada that has made it 
impossible for Nevada mine operators to obtain title 
in a timely manner to land subject to mining claims 
and mill site claims on which they conduct their op-
erations. 
(8) These circumstances have made it impos-
sible for two mining companies to achieve security of 
tenure in a reasonable time frame, creating economic 
uncertainty and disadvantages not only for these 
companies but also for Nevada local governments 
and Nevada citizens who benefit from the taxes paid 
and jobs provided by these and other companies, and 
from their long term commitment to continue oper-
ating and to further mineral exploration in Nevada. 
(9) The public lands addressed in this Act are 
difficult and uneconomic for the Bureau of Land
Management to manage and disposal of such lands 
will serve important public objectives, including eco-
nomic development and the maintenance of a long 
term tax base for northern Nevada counties. 
(10) The Bureau of Land Management has de-
termined that the public lands addressed in this Act 
are suitable for consolidation of ownership or dis-
posal into private ownership and the environmental, 
cultural, social, and economic impacts of mining op-
erations on the public lands subject to this Act have 
been evaluated in numerous studies conducted under 
the National Environmental Policy Act of 1969, the 
National Historic Preservation Act, and other laws. 
(11) The sale of the public lands would gen-
erate significant income to provide funds to complete 
rehabilitation of lands in the State of Nevada that 
were subject to mining activities conducted many 
decades ago. 
(12) Mining operations conducted on public 
lands sold under this Act would remain subject to 
applicable Federal and State environmental and 
safety laws. 
(13) These lands would be sold for market 
value, including a royalty on future production of 
minerals.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide for the orderly and expeditious 
consolidation and disposal of certain public lands in 
Eureka, Lander, White Pine, Elko, and Humboldt 
Counties, Nevada; 
(2) to provide funds for rehabilitation of lands 
in Nevada that were subject to historic mining ac-
tivities; and 
(3) to provide funds for education and other 
purposes in the State of Nevada. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CLAIMANT.—The term ‘‘Claimant’’ means 
Placer Dome U.S. Inc., any affiliate designated by 
Placer Dome U.S. Inc., or any successor; and 
Graymont Western U.S. Inc, and any affiliate des-
ignated by Graymont Western U.S. Inc, or any suc-
cessor. 
(2) COUNTIES.—The term ‘‘Counties’’ means 
the Nevada counties of Eureka, Lander, White Pine, 
Elko, and Humboldt, all located in the State of Ne-
vada. 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior.
(4) MINING LAW.—The term ‘‘the general min-
ing laws’’ includes, in general, chapters 2 and 12A, 
and 16, sections 161 and 162, of title 30, U.S.C. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 4. DISPOSAL OF LAND. 
(a) DISPOSAL.—
(1) IN GENERAL.—The Claimant shall have the 
right during the one year period commencing on the 
date of enactment of this Act to submit one or more 
applications to the Secretary to acquire all or any 
portion of the public lands depicted as ‘‘Selected 
Lands’’ on the maps identified in clauses (i) through 
(ii) of subsection (b)(1)(A). As soon as practicable 
after receipt of each such application, the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) or any other law or executive 
order, except as specifically provided in this Act, 
subject to the acceptance by the Claimant and the 
Secretary of the appraisal and determinations to be 
made in accordance with paragraphs (2) and (3), 
the Secretary shall dispose of each parcel of public 
land, including minerals, described in subsection 
(b)(1)(A) by direct sale to the Claimant. The proce-
dures in section 206(d) of the Federal Land Policy
and Management Act (43 U.S.C. 1716(d)) shall 
apply to the appraisal and determinations made pur-
suant to this paragraph. 
(2) MARKET VALUE.—
(A) VALUE OF LAND.—The value of the 
public lands to be conveyed to Claimant and 
any private lands conveyed to the United States 
pursuant to this Act shall be the market value 
of the present interest of the grantor, as deter-
mined by the Secretary in accordance with an 
appraisal that complies with the Uniform Ap-
praisal Standards for Federal Land Acquisi-
tions and the relevant valuation provisions of 
the Federal Land Policy Management Act of 
1976 (43 U.S.C. 1701 et seq.). Such appraisal 
shall be conducted by a qualified professional 
appraiser certified by the Appraiser Qualifica-
tions Board of the Appraisal Foundation. 
(B) VALUE OF MINERALS.—
(i) The value of locatable minerals in 
public lands to be conveyed to the Claim-
ant that are subject to unpatented mining 
claims for which the Claimant dem-
onstrates the discovery of a valuable min-
eral deposit shall not be considered in the
appraisal or included in the market value 
of the grantor’s interest in these lands, as 
ownership and the right to develop these 
minerals are already vested in the Claim-
ant. In determining whether the Claimant 
has demonstrated the existence of a dis-
covery of a valuable mineral deposit, the 
Secretary shall apply the principles of the 
general mining laws, but shall not be re-
quired to conduct a formal validity exam-
ination. 
(ii) Because it would be difficult to 
determine accurately the value of locatable 
minerals in lands to be conveyed to the 
Claimant that are subject to unpatented 
mining or mill site claims for which the 
Claimant does not demonstrate the dis-
covery of a valuable mineral deposit, the 
present value of such minerals will not be 
considered in the appraisal or included in 
the market value of these lands. The 
United States shall be compensated for the 
value of any such minerals as provided in 
paragraph (3).
(3) ROYALTIES.—There shall be reserved in the 
conveyance of all public lands made pursuant to this 
Act, except lands subject to unpatented mining 
claims for which the Claimant demonstrates the dis-
covery of a valuable mineral deposit, a royalty pay-
able to the United States on locatable minerals. The 
rate of the reserved royalty shall be commensurate 
with the rate determined by the Secretary that is 
common and customary at the time of conveyance 
for royalties on locatable minerals reserved by pri-
vate parties on public and private lands in the region 
in which the lands are situated. 
(4) CREDIT
FOR
LANDS
CONVEYED
TO
THE 
UNITED STATES.—The Secretary shall accept from 
Claimant, subject to approval of title, a conveyance 
of any private lands identified in subsection 
(b)(1)(B) that Claimant offers to convey to the 
United States. Claimant shall receive a credit equal 
to the market value of any private lands conveyed to 
the United States pursuant to this section, which 
credit shall be applied against the cash consideration 
to be paid to the United States for the public lands 
conveyed to Claimant pursuant to this Act. 
(5) TIMING.—The Secretary shall—
(A) with respect to each application made 
pursuant to paragraph (1) complete all nec-
essary appraisals, review and determine the va-
lidity of the assertions of the discovery of a val-
uable mineral deposit on lands on which the 
Claimant has made such an assertion, and de-
termine the appropriate royalty for public lands 
on which the Secretary determines that the 
Claimant has not demonstrated the existence of 
such a discovery, not later than 180 days after 
the date of submission of such application; and 
(B) convey the public lands to be conveyed 
to the Claimant not later than 60 days after the 
completion of the actions described in subpara-
graph (A). 
(6) INDEPENDENT TRANSACTIONS.—The public 
lands to be sold to Claimant under this Act may be 
included in one or more conveyances. 
(b) LAND DESCRIPTION.—
(1) IN GENERAL.—
(A) The public lands referred to in sub-
section (a)(1) are the lands depicted as ‘‘Se-
lected Lands’’ on the following maps: