Library / Laws / 113th / hr / H.R. 1170 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1170
IN THE HOUSE OF REPRESENTATIVES
March 14, 2013
Mr. Amodei introduced
the following bill; which was referred to the
Committee on Natural
Resources
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.
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 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
11, 2013.
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 Irrigation District 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)
Applicability of
other laws
A conveyance or
combination of conveyances made under this section shall be made
notwithstanding any of the following:
(1) The National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The Endangered
Species Act of 1973 (16 U.S.C. 1531).
(3) The Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et
seq.).
(4) The National
Historical Preservation Act (16 U.S.C. 470 et seq.).
(5) The Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001 et
seq.).
(6) The Canal Act of
1890 (43 U.S.C. 945).
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.