I 
111TH CONGRESS 
2D SESSION 
H. R. 5370 
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 HOUSE OF REPRESENTATIVES 
MAY 24, 2010 
Mr. HELLER introduced the following bill; which was referred to the 
Committee on 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. 
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 ‘‘Nevada Mining Town-
site Conveyance Act’’. 
SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, 
ESMERALDA AND NYE COUNTIES, NEVADA. 
(a) FINDINGS.—Congress finds that— 
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(1) the Federal Government owns real property 
in and around historic mining townsites in the coun-
ties of Esmeralda and Nye in the State of Nevada; 
(2) while the real property described in para-
graph (1) is under the jurisdiction of the Secretary, 
some of the real property has been occupied for dec-
ades by individuals— 
(A) who took possession by purchase or 
other documented and putatively legal trans-
actions; and 
(B) the continued occupation by whom 
constitutes a trespass on the title held by the 
Federal Government; 
(3) as a result of the confused and conflicting 
ownership claims, the real property described in 
paragraph (1)— 
(A) is difficult to manage under multiple 
use policies; and 
(B) creates a continuing source of friction 
and unease between the Federal Government 
and local residents; 
(4)(A) all of the real property described in 
paragraph (1) is appropriate for disposal for the 
purpose of promoting administrative efficiency and 
effectiveness; and 
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(B) as of the date of enactment of this Act, the 
Bureau of Land Management has identified the min-
ing townsites for disposal; and 
(5) to promote the responsible resource man-
agement of the real property described in paragraph 
(1), certain parcels should be conveyed to the county 
in which the property is situated in accordance with 
land use management plans of the Bureau of Land 
Management so that the county may, in addition to 
other actions, dispose of the property to individuals 
residing on or otherwise occupying the real property. 
(b) DEFINITIONS.—In this Act: 
(1) CONVEYANCE
MAPS.—The term ‘‘convey-
ance maps’’ means— 
(A) the map entitled ‘‘Original Mining 
Townsite Ione Nevada’’ and dated October 17, 
2005; and 
(B) the map entitled ‘‘Original Mining 
Townsite Gold Point’’ and dated October 17, 
2005. 
(2) MINING
TOWNSITE.—The term ‘‘mining 
townsite’’ means real property— 
(A) located in the Gold Point and Ione 
townsites within the counties of Esmeralda and 
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Nye, Nevada, as depicted on the conveyance 
maps; 
(B) that is owned by the Federal Govern-
ment; and 
(C) on which improvements were con-
structed based on the belief that— 
(i) the property had been or would be 
acquired from the Federal Government by 
the entity that operated the mine; or 
(ii) the individual or entity that made 
the improvement had a valid claim for ac-
quiring the property from the Federal Gov-
ernment. 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior, acting 
through the Bureau of Land Management. 
(c) MINING CLAIM VALIDITY REVIEW.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary 
shall carry out an expedited program to examine 
each unpatented mining claim (including each 
unpatented mining claim for which a patent applica-
tion has been filed) within each mining townsite. 
(2) DETERMINATION OF VALIDITY.—With re-
spect to a mining claim, if the Secretary determines 
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that the elements of a contest are present, the Sec-
retary shall immediately determine the validity of 
the mining claim. 
(3) DECLARATION BY SECRETARY.—If the Sec-
retary determines a mining claim to be invalid, as 
soon as practicable after the date of the determina-
tion, the Secretary shall declare the mining claim to 
be null and void. 
(4) TREATMENT OF VALID MINING CLAIMS.— 
(A) IN GENERAL.—Each mining claim that 
the Secretary determines to be valid shall be 
maintained in compliance with the general min-
ing laws and subsection (d)(2)(B). 
(B) EFFECT ON HOLDERS.—A holder of a 
mining claim described in subparagraph (A) 
shall not be entitled to a patent. 
(5) ABANDONMENT OF CLAIM.—The Secretary 
shall provide— 
(A) public notice that each mining claim 
holder may affirmatively abandon the claim of 
the mining claim holder prior to the validity re-
view; and 
(B) to each mining claim holder an oppor-
tunity to abandon the claim of the mining claim 
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holder before the date on which the land that 
is subject to the mining claim is conveyed. 
(d) CONVEYANCE AUTHORITY.— 
(1) IN GENERAL.—After completing a validity 
review under subsection (c) and notwithstanding sec-
tions 202 and 203 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712, 1713), 
the Secretary shall convey to the appropriate county, 
without consideration, all right, title, and interest of 
the United States in and to mining townsites (in-
cluding improvements on the mining townsites)— 
(A) identified for conveyance on the con-
veyance maps; and 
(B) that are not subject to valid mining 
claims. 
(2) VALID MINING CLAIMS.— 
(A) IN GENERAL.—With respect to each 
parcel of land located in a mining townsite sub-
ject to a valid mining claim, the Secretary shall 
reserve the mineral rights and otherwise convey, 
without consideration, the remaining right, title, 
and interest of the United States in and to the 
mining townsite (including improvements on the 
mining townsite) that is identified for convey-
ance on a conveyance map. 
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(B) PROCEDURES AND REQUIREMENTS.— 
Each valid mining claim shall be subject to each 
procedure and requirement described in section 
9 of the Act of December 29, 1916 (43 U.S.C. 
299) (commonly known as the ‘‘Stockraising 
Homestead Act of 1916’’) (including regula-
tions). 
(3) AVAILABILITY OF CONVEYANCE MAPS.—The 
conveyance maps shall be on file and available for 
public inspection in the appropriate offices of the 
Bureau of Land Management. 
(e) RECIPIENTS.— 
(1) ORIGINAL
RECIPIENT.—Subject to para-
graph (2), the conveyance of a mining townsite 
under subsection (d) shall be made to the county in 
which the mining townsite is situated. 
(2) RECONVEYANCE TO OCCUPANTS.— 
(A) IN GENERAL.—In the case of a mining 
townsite conveyed under subsection (d) for 
which a valid interest is proven by 1 or more 
individuals, under the provisions of Nevada Re-
vised Statutes Chapter 244, the county that re-
ceives the mining townsite under paragraph (1) 
shall reconvey the property to the 1 or more in-
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dividuals by appropriate deed or other legal 
conveyance as provided in that chapter. 
(B) AUTHORITY
OF
COUNTY.—A county 
described in subparagraph (A) is not required 
to recognize a claim under this paragraph that 
is submitted on a date that is later than 5 years 
after the date of enactment of this Act. 
(f) VALID EXISTING RIGHTS.—The conveyance of a 
mining townsite under subsection (d) shall be subject to 
valid existing rights, including any easement or other 
right-of-way or lease in existence as of the date of the con-
veyance. 
(g) WITHDRAWALS.—Subject to valid rights in exist-
ence on the date of enactment of this Act, and except as 
otherwise provided in this Act, the mining townsites are 
withdrawn from— 
(1) all forms of entry, appropriation, or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
(h) SURVEY.—A mining townsite to be conveyed by 
the United States under subsection (d) shall be sufficiently 
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surveyed as a whole to legally describe the land for patent 
conveyance. 
(i) 
CONVEYANCE
OF
TERMINATED
MINING 
CLAIMS.—If a mining claim determined by the Secretary 
to be valid under subsection (c) is abandoned, invalidated, 
or otherwise returned to the Bureau of Land Manage-
ment, the mining claim shall be— 
(1) withdrawn in accordance with subsection 
(g); and 
(2) conveyed to the owner of the surface rights 
covered by the mining claim. 
(j) RELEASE.—On completion of the conveyance of 
a mining townsite under subsection (d), the United States 
shall be relieved from liability for, and shall be held harm-
less from, any and all claims arising from the presence 
of improvements and materials on the conveyed property. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this Act. 
Æ 
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