[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4401
To provide for the conveyance of certain public lands in and around
historic mining townsites in Nevada, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2005
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of certain public lands in and around
historic mining townsites in Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Mining Townsite Conveyance
Act''.
SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE
COUNTIES, NEVADA.
(a) Findings.--Congress finds the following:
(1) The Federal Government owns real property in and around
historic mining townsites in the counties of Esmeralda and Nye
in the State of Nevada.
(2) While the real property is under the jurisdiction of
the Secretary of the Interior, acting through the Bureau of
Land Management, some of the real property land has been
occupied for decades by persons who took possession by purchase
or other documented and putatively legal transactions, but
whose continued occupation of the real property constitutes a
``trespass'' upon the title held by the Federal Government.
(3) As a result of the confused and conflicting ownership
claims, the real property is difficult to manage under multiple
use policies and creates a continuing source of friction and
unease between the Federal Government and local residents.
(4) All of the real property is appropriate for disposal
for the purpose of promoting administrative efficiency and
effectiveness, and the Bureau of Land Management has already
identified certain parcels of the real property for disposal.
(5) Some of the real property contains historic and
cultural values that must be protected.
(6) To promote responsible resource management of the real
property, 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 can, among other things, dispose of the property to
persons residing on or otherwise occupying the property.
(b) Mining Townsite Defined.--In this section, the term ``mining
townsite'' means real property in the counties of Esmeralda and Nye,
Nevada, that is owned by the Federal Government, but upon which
improvements were constructed because of a mining operation on or near
the property and based upon the belief that--
(1) the property had been or would be acquired from the
Federal Government by the entity that operated the mine; or
(2) the person who made the improvement had a valid claim
for acquiring the property from the Federal Government.
(c) Conveyance Authority.--
(1) In general.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior, acting through the
Bureau of Land Management, shall convey, without consideration,
all right, title, and interest of the United States in and to
mining townsites (including improvements thereon) identified
for conveyance on the maps entitled ``Original Mining Townsite,
Ione, Nevada'' and ``Original Mining Townsite, Gold Point,
Nevada'' and dated October 17, 2005.
(2) Availability of maps.--The maps referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Secretary of the
Interior, including the office of the Bureau of Land Management
located in the State of Nevada.
(d) Recipients.--
(1) Original recipient.--Subject to paragraph (2), the
conveyance of a mining townsite under subsection (c) shall be
made to the county in which the mining townsite is situated.
(2) Reconveyance to occupants.--In the case of a mining
townsite conveyed under subsection (c) for which a valid
interest is proven by one or more persons, under the provisions
of Nevada Revised Statutes Chapter 244, the county that
received the mining townsite under paragraph (1) shall reconvey
the property to that person or persons by appropriate deed or
other legal conveyance as provided in that State law. The
county is not required to recognize a claim under this
paragraph submitted more than 10 years after the date of the
enactment of this Act.
(e) Protection of Historic and Cultural Resources.--As a condition
on the conveyance or reconveyance of a mining townsite under subsection
(c), all historic and cultural resources (including improvements) on
the mining townsite shall be preserved and protected in accordance with
applicable Federal and State law.
(f) Valid Existing Rights.--The conveyance of a mining townsite
under this section 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 conveyance. All valid existing rights and interests of mining
claimants shall be maintained, unless those rights or interests are
deemed abandoned and void or null and void under--
(1) section 2320 of the Revised Statutes (30 U.S.C. 21 et
seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(3) subtitle B of title X of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28(f)-(k)), including
regulations promulgated under section 3833.1 of title 43, Code
of Federal Regulations or any successor regulation.
(g) Survey.--A mining townsite to be conveyed by the United States
under this section shall be sufficiently surveyed to legally describe
the land for patent conveyance.
(h) Release.--On completion of the conveyance of a mining townsite
under subsection (c), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims
arising from the presence of improvements and materials on the conveyed
property.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior such amounts as may be
necessary to carry out the conveyances required by this section,
including funds to cover the costs of cadastral and mineral surveys,
mineral potential reports, hazardous materials, biological, cultural
and archaeological clearances, validity examinations and other expenses
incidental to the conveyances.
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