H. Rept. 113-297 - 113th Congress (2013-2014)

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House Report 113-297 - TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF LAND MANAGEMENT AND THE BUREAU OF RECLAMATION, TO CONVEY, BY QUITCLAIM DEED, TO THE CITY OF FERNLEY, NEVADA, ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES, TO ANY FEDERAL LAND WITHIN THAT CITY THAT IS UNDER THE JURISDICTION OF EITHER OF THOSE AGENCIES

[House Report 113-297]
[From the U.S. Government Publishing Office]


113th Congress  }                                      {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                      {        113-297

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

 
 TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF 
LAND MANAGEMENT AND THE BUREAU OF RECLAMATION, TO CONVEY, BY QUITCLAIM 
DEED, TO THE CITY OF FERNLEY, NEVADA, ALL RIGHT, TITLE, AND INTEREST OF 
 THE UNITED STATES, TO ANY FEDERAL LAND WITHIN THAT CITY THAT IS UNDER 
              THE JURISDICTION OF EITHER OF THOSE AGENCIES

                                _______
                                

 December 16, 2013.--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. 1170]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1170) to direct the Secretary of the Interior, 
acting through the Bureau of Land Management and the Bureau of 
Reclamation, to convey, by quitclaim deed, to the City of 
Fernley, Nevada, all right, title, and interest of the United 
States, to any Federal land within that city that is under the 
jurisdiction of either of those agencies, 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. DEFINITIONS.

  In this Act:
          (1) City.--The term ``City'' means the City of Fernley, 
        Nevada.
          (2) Federal land.--The term ``Federal land'' means the 
        approximately 9,407 acres of land located in the City of 
        Fernley, Nevada, that is identified by the Secretary and the 
        City for conveyance under this Act.
          (3) Map.--The term ``map'' means the map entitled ``Proposed 
        Fernley, Nevada, Land Sales'' and dated January 25, 2013.

SEC. 2. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, NEVADA.

  (a) Conveyance Authorized.--Subject to valid existing rights and not 
later than 180 days after the date on which the Secretary of the 
Interior receives an offer from the City to purchase the Federal land 
depicted on the map, the Secretary, acting through the Bureau of Land 
Management and the Bureau of Reclamation, shall convey, 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), 
to the City 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 such Federal land.
  (b) Appraisal To Determine 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) Reservation of Easements and Rights-of-Way.--The City and the 
Bureau of Reclamation may retain easements or rights-of-way on the 
Federal land to be conveyed, including easements or rights-of-way the 
Bureau of Reclamation determines are necessary to carry out--
          (1) the operation and maintenance of the Truckee Canal; or
          (2) the Newlands Project.
  (e) Costs.--The City shall, at closing for the conveyance authorized 
under subsection (a), pay or reimburse the Secretary, as appropriate, 
for the reasonable transaction and administrative personnel costs 
associated with the conveyance authorized under such subsection, 
including the costs of appraisal, title searches, maps, and boundary 
and cadastral surveys.
  (f) Conveyance Not a Major Federal Action.--A conveyance or a 
combination of conveyances made under this section shall not be 
considered a major Federal action for purposes of section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

SEC. 3. RELEASE OF UNITED STATES.

  Upon making the conveyance under section 2, 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.

SEC. 4. WITHDRAWAL.

  Subject to valid existing rights, the Federal land to be conveyed 
under section 2 of this Act shall be withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under the mineral leasing, mineral materials, 
        and geothermal leasing laws.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1170 is to direct the Secretary of the 
Interior, acting through the Bureau of Land Management and the 
Bureau of Reclamation, to convey, by quitclaim deed, to the 
City of Fernley, Nevada, all right, title, and interest of the 
United States, to any Federal land within that city that is 
under the jurisdiction of either of those agencies.

                  BACKGROUND AND NEED FOR LEGISLATION

    Since its incorporation in 2001, the City of Fernley, 
Nevada, has been working with private businesses and state and 
federal agencies on a long-term, sustainable economic 
development plan. This plan requires the conveyance of Bureau 
of Land Management (BLM) and Bureau of Reclamation (BOR) lands 
within the City for commercial and industrial development, 
agriculture activities, recreation opportunities, and community 
and cultural events.
    H.R. 1170 will provide the City of Fernley with the 
opportunity to purchase up to 9,407 acres of BLM (8,603 acres) 
and BOR (804 acres) lands at fair market value for future 
economic development, public use, and as open space. The City 
of Fernley would also benefit from the transportation, power 
and water infrastructure that will be put in place with the 
concurrent development of commercial and industrial operations.

                            COMMITTEE ACTION

    H.R. 1170 was introduced on March 14, 2013, by Congressman 
Mark Amodei (R-NV). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On July 19, 2013, 
the Subcommittee held a hearing on the bill. On July 31, 2013, 
the Natural Resources Committee met to consider the bill. The 
Subcommittee on Public Lands and Environmental Regulation was 
discharged by unanimous consent. Congressman Rob Bishop offered 
an amendment designated #1 to the bill; the amendment was 
adopted by voice vote. No further amendments were offered, and 
the bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by voice vote.

            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. 1170--A bill to direct the Secretary of the Interior, acting 
        through the Bureau of Land Management and the Bureau of 
        Reclamation, to convey, by quitclaim deed, to the city of 
        Fernley, Nevada, all right, title, and interest of the United 
        States, to any federal land within that city that is under the 
        jurisdiction of either of those agencies

    H.R. 1170 would direct the Secretary of the Interior to 
sell up to 9,400 acres of federal land to the city of Fernley, 
Nevada. Based on information provided by the city, CBO 
estimates that enacting the bill would increase offsetting 
receipts, which are treated as reductions in direct spending, 
by $5 million over the 2014-2023 period. Because enacting the 
bill would affect direct spending, pay-as-you-go procedures 
apply. Enacting the bill would not affect revenues.
    Under the bill, if the city offered to purchase any of the 
affected lands, the Secretary would be required to sell the 
lands for fair market value. CBO expects that the city would 
only offer to purchase the lands if a private developer 
provided the amounts necessary to complete those purchases. 
Based on information provided by the city, CBO expects that up 
to 25 percent of the affected lands would be purchased over the 
2014-2023 period, and we estimate that the average value of 
those lands would be about $3,500 per acre, based on the value 
of similar lands in the area. Because the timing of land 
purchases by the city of Fernley are uncertain, CBO assumes 
that the expected total receipt of $5 million would be spread 
evenly over the 2014-2023 period.
    H.R. 1170 would require the city of Fernley to pay for any 
administrative costs associated with the sales of the affected 
land; therefore, CBO estimates that implementing the bill would 
not affect discretionary spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. The net budgetary changes that are 
subject to pay-as-you-go procedures are shown in the following 
table. (The estimated effects for each year are receipts of 
less than $500,000.)

  CBO ESTIMATE OF THE PAY-AS-YOU-GO EFFECTS FOR H.R. 1170, A BILL TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF LAND MANAGEMENT
AND THE BUREAU OF RECLAMATION, TO CONVEY, BY QUITCLAIM DEED, TO THE CITY OF FERNLEY, NEVADA, ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES, TO ANY
     FEDERAL LAND WITHIN THAT CITY THAT IS UNDER THE JURISDICTION OF EITHER OF THOSE AGENCIES, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL
                                                               RESOURCES ON JULY 31, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2014   2015   2016   2017   2018   2019   2020   2021   2022   2023  2014-2018  2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact..............................      0      0      0      0      0      0      0      0      0      0        -2         -5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 provided by the city, CBO estimates that enacting 
the bill would increase offsetting receipts, which are treated 
as reductions in direct spending, by $5 million over the 2014-
2023 period.
    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 is to direct the Secretary of the 
Interior, acting through the Bureau of Land Management and the 
Bureau of Reclamation, to convey, by quitclaim deed, to the 
City of Fernley, Nevada, all right, title, and interest of the 
United States, to any Federal land within that city that is 
under the jurisdiction of either of those agencies.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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

    H.R. 1170 requires the Secretary of the Interior to convey 
over 9,000 acres of Bureau of Land Management and Bureau of 
Reclamation lands to the City of Fernley, Nevada. In return, 
the City of Fernley would pay fair market value for those 
lands. The legislation provides that both the Bureau of 
Reclamation and the City can retain easements or rights-of-way 
to access the Truckee Irrigation Canal and the Newlands 
Project.
    In theory, the conveyance could be supported, but H.R. 1170 
waives a number of environmental laws, including the National 
Environmental Policy Act, the Endangered Species Act, the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, the National Historic Preservation Act, and the 
Native American Graves Protection and Repatriation Act.
    Waiving these bedrock laws sidesteps the established review 
process and eliminates nearly all potential for public review 
and involvement. The Federal Land Policy and Management Act 
(FLPMA) determined that ``the public lands be retained in 
Federal ownership, unless as a result of the land use planning 
procedure provided for in this Act, it is determined that 
disposal of a particular parcel will serve the national 
interest.''
    Since passage of FLPMA, BLM has a strong track record of 
disposing of Federal land where it is deemed appropriate. 
Decisions to dispose of Federal land require careful 
consideration and ignoring Congressional mandates to manage 
resources for all Americans is counterproductive.

                                   Peter A. DeFazio.
                                   Raul M. Grijalva.