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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-525

======================================================================



 
       YERINGTON LAND CONVEYANCE AND SUSTAINABLE DEVELOPMENT ACT

                                _______
                                

 June 15, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4039]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4039) to convey certain Federal land to the city 
of Yerington, Nevada, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Yerington Land Conveyance and 
Sustainable Development Act''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) the city of Yerington, Nevada, which has an unemployment 
        rate of 16 percent, has the highest unemployment rate in the 
        State of Nevada;
          (2) for over 4 years, the city of Yerington and Lyon County, 
        Nevada, have been working with private business partners to 
        develop a sustainable development plan that would enable all 
        parties to benefit from the use of private land adjacent to the 
        city of Yerington for potential commercial and industrial 
        development, mining activities, recreation opportunities, and 
        the expansion of community and cultural events;
          (3) the sustainable development plan referred to in paragraph 
        (2) requires the conveyance of certain Federal land 
        administered by the Bureau of Land Management to the City for 
        consideration in an amount equal to the fair market value of 
        the Federal land;
          (4) the Federal land to be conveyed to the City under the 
        sustainable development plan has very few environmental, 
        historical, wildlife, or cultural resources of value to the 
        public, but is appropriate for responsible development;
          (5) the Federal land that would be conveyed to the City under 
        the sustainable development plan--
                  (A) is adjacent to the boundaries of the City; and
                  (B) would be used--
                          (i) to enhance recreational, cultural, 
                        commercial, and industrial development 
                        opportunities in the City;
                          (ii) for future economic development, 
                        regional use, and as an open space buffer to 
                        the City; and
                          (iii) to allow the City to provide critical 
                        infrastructure services;
          (6) commercial and industrial development of the Federal land 
        would enable the community to benefit from the transportation, 
        power, and water infrastructure that would be put in place with 
        the concurrent development of commercial and industrial 
        operations;
          (7) the conveyance of the Federal land would--
                  (A) help the City and County to grow; and
                  (B) provide additional tax revenue to the City and 
                County;
          (8) industrial and commercial development of the Federal land 
        would create thousands of long-term, high-paying jobs for the 
        City and County; and
          (9) the Lyon County Commission and the City unanimously 
        approved resolutions in support of the conveyance of the 
        Federal land because the conveyance would facilitate a 
        sustainable model for long-term economic and industrial 
        development.

SEC. 3. DEFINITIONS.

  In this title:
          (1) City.--The term ``City'' means the city of Yerington, 
        Nevada.
          (2) Federal land.--The term ``Federal land'' means the land 
        located in Lyon County and Mineral County, Nevada, that is 
        identified on the map as ``City of Yerington Sustainable 
        Development Conveyance Lands''.
          (3) Map.--The term ``map'' means the map entitled ``Yerington 
        Land Conveyance and Sustainable Development Act'' and dated May 
        31, 2012.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA.

  (a) In General.--Not later than 90 days after the date of enactment 
of this title, subject to valid existing rights, and notwithstanding 
the land use planning requirements of sections 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 City, subject to the City's agreement 
and in exchange for consideration in an amount equal to the fair market 
value of the Federal land, all right, title, and interest of the United 
States in and to the Federal land identified on the map.
  (b) Appraisal To Determine of Fair Market Value.--The Secretary shall 
determine the fair market value of the Federal land to be conveyed--
          (1) in accordance with the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1701 et seq.); and
          (2) based on an appraisal that is conducted in accordance 
        with nationally recognized appraisal standards, including--
                  (A) the Uniform Appraisal Standards for Federal Land 
                Acquisition; and
                  (B) the Uniform Standards of Professional Appraisal 
                Practice.
  (c) Availability of Map.--The map shall be on file and available for 
public inspection in the appropriate offices of the Bureau of Land 
Management.
  (d) Applicable Law.--Beginning on the date on which the Federal land 
is conveyed to the City, the development of and conduct of activities 
on the Federal land shall be subject to all applicable Federal laws 
(including regulations).
  (e) Administrative Costs.--The City shall be responsible for all 
survey, appraisal, and other administrative costs associated with the 
conveyance of the Federal land to the City under this title.

SEC. 5. RELEASE OF THE UNITED STATES.

  Upon making the conveyance under section 4, notwithstanding any other 
provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
on the Federal Land in existence on or before the date of the 
conveyance.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4039, as ordered reported, is to convey 
certain Federal land to the city of Yerington, Nevada.

                  BACKGROUND AND NEED FOR LEGISLATION

    The City of Yerington, located in Lyon County, Nevada, 
currently suffers from 16 percent unemployment, which is the 
highest unemployment rate in the State of Nevada. The 
conveyance of the federal land authorized by this bill will 
help the City and Lyon County to grow and provide additional 
tax revenue. In addition, the industrial and commercial 
development of the federal land would create thousands of long-
term, high-paying jobs.
    For over 4 years, Yerington and Lyon County have been 
working with private business partners to develop a sustainable 
development plan that would enable all parties to benefit from 
the use of private land adjacent to Yerington for potential 
commercial and industrial development, mining activities, 
recreation opportunities, and the expansion of community and 
cultural events. The plan requires the conveyance of certain 
federal land administered by the Bureau of Land Management 
(BLM) to the City for fair market value. The federal land to be 
conveyed to the City has very few environmental, historical, 
wildlife, or cultural resources of value, but is appropriate 
for responsible development. The federal land is adjacent to 
the City and would be used to enhance recreational, cultural, 
commercial, and industrial development opportunities. It would 
also provide critical infrastructure services and benefit 
future economic development, regional use, and as an open space 
buffer. The commercial and industrial development of the 
federal land will enable the community to benefit from the 
transportation, power, and water infrastructure that would be 
put in place with the concurrent development of commercial and 
industrial operations.
    The Lyon County Commission and the City of Yerington 
unanimously approved resolutions in support of H.R. 4039, as it 
will facilitate a sustainable model for long-term economic and 
industrial development.
    During Full Committee consideration of H.R. 4039, the 
Committee adopted an amendment offered by Congressman Rob 
Bishop (R-UT) to update a reference to a new BLM map. It also 
addressed concerns raised by the Administration, who wanted to 
ensure that Yerington supported the conveyance and to release 
the United States is of all liabilities and claims pertaining 
to the land following the conveyance.

                            COMMITTEE ACTION

    H.R. 4039 was introduced on February 15, 2012, by 
Congressman Mark Amodei (R-NV). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
April 17, 2012, the Subcommittee held a hearing on the bill. On 
June 7, 2012, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on National Parks, Forests 
and Public Lands was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered amendment designated 
.059; the amendment was adopted by voice vote. Congressman Raul 
Grijalva (D-AZ) offered amendment designated .062 to the bill; 
the amendment was not adopted by voice vote. The bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by a bipartisan roll call vote of 24-
15, as follows:


            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 4039--Yerington Land Conveyance and Sustainable Development Act

    H.R. 4039 would require the Secretary of the Interior to 
sell about 11,500 acres of federal land at fair market value to 
the city of Yerington, Nevada. Based on information about the 
value of similar lands in western Nevada, CBO estimates that 
enacting the legislation would increase offsetting receipts (a 
credit against direct spending) by $2 million in 2013; 
therefore, pay-as-you-go procedures apply. Because the bill 
would require the city to cover any administrative costs 
associated with the conveyance, CBO estimates that the bill 
would not affect discretionary spending. Enacting the bill 
would not affect revenues.
    H.R. 4039 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
land conveyance would benefit the city of Yerington; any costs 
to the city would be incurred involuntarily.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information about the value of similar lands in western Nevada, 
CBO estimates that enacting the legislation would increase 
offsetting receipts (a credit against direct spending) by $2 
million in 2013; therefore, pay-as-you-go procedures apply. 
Because the bill would require the city to cover any 
administrative costs associated with the conveyance, CBO 
estimates that the bill would not affect discretionary 
spending.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to convey 
certain Federal land to the city of Yerington, Nevada.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    We oppose H.R. 4039 because it overrides existing 
authorities to move lands out of federal ownership. Current law 
establishes processes for land conveyances that ensure the 
complete range of taxpayer interests are considered and 
protected; Congress should make certain these requirements are 
applied uniformly, not approve rifle-shot exemptions for 
specific deals.
    H.R. 4039 would direct the Secretary of the Interior to 
convey approximately 11,000 acres of federal lands to the city 
of Yerington, Nevada, in exchange for fair market value. 
However, the bill would mandate the conveyance and require it 
to be completed within an arbitrary time-limit of 90 days after 
enactment.
    During the hearing on April 17, 2012, the Department of the 
Interior (DOI) testified that the 90-day time period, ``does 
not allow time to perform complete reviews under the National 
Environmental Policy Act and the National Historic Preservation 
Act.'' Furthermore, the 90-day time period for the conveyance 
does not even allow time to properly appraise the fair market 
value of the land to be transferred. DOI has testified that a 
mineral report would need to be completed prior to appraisal of 
the surface and mineral estates.
    The Majority rejected an amendment from National Parks, 
Forests and Public Lands Ranking Member Grijalva that would 
respect the current conveyance process by offering two small 
changes to the bill. The Grijalva amendment would have 
authorized the conveyance, but not mandated it, and would have 
struck the 90-day time limit. This common-sense amendment would 
have allowed the land transfer to occur safely with time to 
consider environmental and cultural concerns.
    H.R. 4039 needlessly circumvents an effective, established 
process for protecting the interests of American taxpayers and 
for this reason we cannot support the bill.

                                   Edward J. Markey.
                                   Raul M. Grijalva.