H.R. 4039 (112th): Yerington Land Conveyance and Sustainable Development Act

112th Congress, 2011–2013. Text as of Feb 15, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4039

IN THE HOUSE OF REPRESENTATIVES

February 15, 2012

(for himself, Mr. Heck, and Ms. Berkley) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To convey certain Federal land to the city of Yerington, Nevada.

1.

Short title

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

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.

3.

Definitions

In this Act:

(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 Sustainable Development Conveyance Lands.

(3)

Map

The term map means the map entitled Yerington Land Conveyance and Sustainable Development Lands, numbered _____, and dated February 16, 2012.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

4.

Conveyances of land to City of Yerington, Nevada

(a)

In general

Not later than 90 days after the date of enactment of this Act, 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 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 Act.