Lincoln County Land Act of 2000
PL 106-298 (H.R.2752), enacted 10/13/2000

114 STAT. 1046 
PUBLIC LAW 106-298—OCT. 13, 2000 
Public Law 106-298 
106th Congress 
An Act 
Oct. 13, 2000 
To direct the Secretary of the Interior to sell certain public land in Lincoln County 
[HR 2752] 
through a competitive process. 
Be it enacted by the Senate and House of Representatives 
of 
Lincoln County 
the United States of America in Congress assembled, 
Land Act of 2000. 
Nevada. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Lincoln County Land Act of 
2000". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) Lincoln County, Nevada, encompasses an area of 10,132 
square miles of the State of Nevada; 
(2) approximately 98 percent of the County is owned by 
the Federal Government; 
(3) the City of Mesquite, Nevada, needs land for an orga-
nized approach for expansion to the north; 
(4) citizens of the County would benefit through enhanced 
county services and schools from the increased private property 
t£ix base due to commercial and residential development; 
(5) the County would see improvement to the budget for 
the county and school services through the immediate distribu-
tion of sale receipts fi'om the Secretary selling land through 
a competitive bidding process; 
(6) a cooperative approach among the Bureau of Land 
Management, the County, the City, and other local government 
entities will ensure continuing communication between those 
entities; 
(7) the Federal Government will be fairly compensated 
for the sale of public land; and 
(8) the proposed Caliente Management Framework Amend-
ment and Environmental Impact Statement for the Manage-
ment of Desert Tortoise Habitat Plan identify specific public 
land as being suitable for disposal. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to provide for the orderly disposal of certain public 
land in the County; and 
(2) to provide for the acquisition of environmentally sen-
sitive land in the State of Nevada. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CITY.—The term "City" means the City of Mesquite, 
Nevada. 
PUBLIC LAW 106-298—OCT. 13, 2000 
114 STAT. 1047 
(2) COUNTY.—The term "County" means Lincoln County, 
Nevada. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(4) SPECIAL ACCOUNT.—The term "special account" means 
the account in the Treasury of the United States established 
under section 5. 
SEC. 4. DISPOSAL OF LAND. 
(a) DISPOSAL.— 
(1) IN GENERAL.—As soon as practicable after the date 
of the enactment of this Act, notwithstanding the land use 
planning and land sale requirements contained in sections 202 
and 203 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation 
with the County and the City, in accordance with this Act, 
the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), and other applicable law, and subject 
to valid existing rights, shall dispose of the land described 
in subsection (b) in a competitive bidding process, at a min-
imum, for fair market value. 
(2) TIMING.—The Secretary shall dispose of— 
Deadlines. 
(A) the land described in subsection (b)(1)(A) not later 
than 1 year after the date of the enactment of this Act; 
and 
(B) the land described in subsection (b)(1)(B) not later 
than 5 years after the date of the enactment of this Act. 
(b) LAND DESCRIPTION.— 
(1) IN GENERAL.—The land referred to in subsection (a) 
is the land depicted on the map entitled "Public Lands Identi-
fied for Disposal in Lincoln County, Nevada" and dated July 
24, 2000, consisting of— 
(A) the land identified on the map for disposal within 
1 year, comprising approximately 4,817 acres; and 
(B) the land identified on the map for disposal within 
5 years, comprising approximately 8,683 acres. 
(2) MAP.—The map described in paragraph (1) shall be 
availalDle for public inspection in the Ely Field Office of the 
Bureau of Land Management. 
(c) SEGREGATION.—Subject to valid existing rights, the land 
described in subsection (b) is segregated from all forms of entry 
and appropriation (except for competitive sale) under the public 
land laws, including the mining laws, and from operation of the 
mineral leasing and geothermal leasing laws. 
(d) COMPLIANCE WITH LOCAL PLANNING AND ZONING.—The Sec-
retary shall ensure that qualified bidders intend to comply with— 
(1) County and City zoning ordinances; and 
(2) any master plan for the area developed and approved 
by the County and City. 
SEC. 5. DISPOSITION OF PROCEEDS. 
(a) LAND SALES.—Of the gross proceeds of sales of land under 
this Act in a fiscal year— 
(1) 5 percent shall be paid directly to the State of Nevada 
for use in the general education program of the State; 
(2) 10 percent shall be returned to the County for use 
as determined through normal county budgeting procedures, 
with emphasis given to support of schools, of which no amount 
114 STAT. 1048 
PUBLIC LAW 106-298—OCT. 13, 2000 
may be used in Support of litigation against the Federal Govern-
ment; and 
(3) the remainder shall be deposited in a special account 
in the Treasury of the United States (referred to in this section 
as the "special account") for use as provided in subsection 
(b). 
(b) AVAILABILITY OF SPECIAL ACCOUNT.— 
(1) IN GENERAL.—^Amounts in the special account (including 
amounts earned as interest under paragraph (3)) shall be avail-
able to the Secretary of the Interior, without further Act of 
appropriation, and shall remain available until expended, for— 
(A) inventory, evaluation, protection, and management 
of unique archaeological resources (as defined in section 
3 of the Archaeological Resources Protection Act of 1979 
(16 U.S.C. 470bb)) in the County; 
(B) development of a multispecies habitat conservation 
plan in the County; 
(C)(i) reimbursement of costs incurred by the Nevada 
State Office and the Ely Field Office of the Bureau of 
Land Management in preparing sales under this Act, or 
other authorized land sales within the County, including 
the costs of land boundary surveys, compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), appraisals, environmental and cultural clearances, 
and any public notice; and 
(ii) processing public land use authorizations and 
rights-of-way stemming from development of the conveyed 
land; and 
(D) the cost of acquisition of environmentally sensitive 
land or interests in such land in the State of Nevada, 
with priority given to land outside Clark County. 
(2) ACQUISITION FROM WILLING SELLERS.—An acquisition 
under paragraph (1)(D) shall be made only from a willing 
seller and after consultation with the State of Nevada and 
units of local government under the jurisdiction of which the 
environmentally sensitive land is located. 
(c) INVESTMENT OF SPECIAL ACCOUNT.—All funds deposited as 
principal in the special account shall earn interest in the amount 
determined by the Secretary of the Treasury on the basis of the 
current average market yield on outstanding marketable obligations 
of the United States of comparable maturities. 
SEC. 6. ACQUISITIONS. 
(a) DEFINITION OF ENVIRONMENTALLY SENSITIVE LAND.—In this 
section, the term "environmentally sensitive lemd" means land or 
an interest in land, the acquisition of which by the United States 
would, in the judgment of the Secretary— 
(1) promote the preservation of natural, scientific, aesthetic, 
historical, cultural, watershed, wildlife, and other values 
contributing to public enjoyment and biological diversity; 
(2) enhance recreational opportunities and public access; 
(3) provide the opportunity to achieve better management 
of public land through consolidation of Federal ownership; or 
(4) otherwise serve the public interest. 
(b) ACQUISITIONS.— 
(1) IN GENERAL.—After the consultation process has been 
completed in accordance with subsection (c), the Secretary may 
PUBLIC LAW 106-298—OCT. 13, 2000 
114 STAT. 1049 
acquire with the proceeds of the special account environ-
mentally sensitive land and interests in environmentally sen-
sitive land. Land may not be acquired under this section with-
out the consent of the landowner. 
(2) USE OF OTHER FUNDS.—Funds made available from 
the special account may be used with any other funds made 
available under any other provision of law. 
(c) CONSULTATION,—Before initiating efforts to acquire land 
under this subsection, the Secretary shall consult with the State 
of Nevada and with local government within whose jurisdiction 
the land is located, including appropriate planning and regulatory 
agencies, and with other interested persons, concerning the neces-
sity of making the acquisition, the potential impacts on State and 
local government, and other appropriate aspects of the acquisition. 
(d) ADMINISTRATION.—On acceptance of title by the United 
States, land and interests in land acquired imder this section that 
is within the boundaries of a unit of the National Wild and Scenic 
Rivers System, National Trails System, National Wilderness 
Preservation System, any other system established by Act of Con-
gress, or any national conservation or national recreation area 
established by Act of Congress— 
(1) shall become part of the unit or area without further 
action by the Secretary; and 
(2) shall be managed in accordance with all laws and 
regulations and land use plans applicable to the unit or area. 
Approved October 13, 2000. 
LEGISLATIVE HISTORY—H.R. 2752 (S. 1331): 
HOUSE REPORTS: No. 106-847 (Comm. on Resources). 
SENATE REPORTS: No. 106-417 accompanying S. 1331 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 26, considered and passed House. 
Oct. 3, considered and passed Senate.