Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 113th Congress · H.R. 3979 (EAH) — 113 HR 3979 EAH: Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 3009

Sec. 3009. Northern Nevada land conveyances

3,191 words·~15 min read·/bill/113/hr/3979/eah/section-3009

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subsection: The term City means the city of Yerington, Nevada. 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 . The term map means the map entitled Yerington Land Conveyance and dated December 19, 2012. The term Secretary means the Secretary of the Interior. Not later than 180 days after the date of enactment of this Act, subject to valid existing rights and to such terms and conditions as the Secretary determines to be necessary 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 agreement of the City, all right, title, and interest of the United States in and to the Federal land identified on the map.
The Secretary shall determine the fair market value of the Federal land to be conveyed— in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and based on an appraisal that is conducted in accordance with— the Uniform Appraisal Standards for Federal Land Acquisition; and the Uniform Standards of Professional Appraisal Practice. The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
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). As a condition of the conveyance of the Federal land under subparagraph (A), the City shall pay— an amount equal to the appraised value determined in accordance with subparagraph (B); and all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the City under subparagraph (A).
Nothing in this subsection alters or diminishes the treaty rights of any Indian tribe. In this subsection: The term City means the City of Carlin, Nevada. The term Federal land means the approximately 1,329 acres of land located in the City of Carlin, Nevada, that is identified on the map as Carlin Selected Parcels . The term map means the map entitled Proposed Carlin, Nevada Land Sales map dated October 25, 2013. The term Secretary means the Secretary of the Interior. 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 all right, title, and interest of the United States to and in the Federal land.
As consideration for the conveyance authorized under paragraph (2), the City shall pay to the Secretary an amount equal to the appraised value of the Federal land, as determined under paragraph (4). The Secretary shall conduct an appraisal of the Federal land in accordance with— the Uniform Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
At closing for the conveyance authorized under paragraph
(2)the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such paragraph, including the costs of title searches, maps, and boundary and cadastral surveys. Upon making the conveyance under paragraph (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. Subject to valid existing rights, the Federal land identified for conveyance shall be withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under the mineral leasing, mineral materials and geothermal leasing laws. In this subsection: The term City means the city of Fernley, Nevada. The term Federal land means the land located in the City that is identified as Proposed Sale Parcels on the map. The term map means the map entitled Proposed Fernley, Nevada, Land Sales and dated January 25, 2013. The term Secretary means the Secretary of the Interior. 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), not later than 180 days after the date on which the Secretary receives a request from the City for the conveyance of the Federal land, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States to and in the Federal land. The Federal land conveyed under paragraph (2)— may be used by the City for any public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ); and shall not be disposed of by the City. If the City ceases to use a parcel of the Federal land conveyed under paragraph
(2)in accordance with subparagraph (A)— title to the parcel shall revert to the Secretary, at the option of the Secretary; and the City shall be responsible for any reclamation necessary to revert the parcel to the United States. The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. The City and the Commissioner of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way that the Commissioner of Reclamation determines are necessary to carry out— the operation and maintenance of the Truckee Canal Irrigation District Canal; or the Newlands Project. At closing for the conveyance authorized under paragraph (2), the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under that paragraph, including the costs of title searches, maps, and boundary and cadastral surveys. On conveyance of the Federal land under paragraph (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 before or on the date of the conveyance. After the date of conveyance of the Federal land under paragraph (2), the City may submit to the Secretary a request to acquire the Federal reversionary interest in all or any portion of the Federal land. Not later than 180 days after the date of receipt of a request under subparagraph (A), the Secretary shall complete an appraisal of the Federal reversionary interest in the Federal land requested by the City under that subparagraph. The appraisal under clause
(i)shall be completed in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. If, by the date that is 1 year after the date of completion of the appraisal under subparagraph (B), the City submits to the Secretary an offer to acquire the Federal reversionary requested under subparagraph (A), the Secretary shall, not later than the date that is 30 days after the date on which the offer is submitted, convey to the City the reversionary interest covered by the offer. As consideration for the conveyance of the Federal reversionary interest under subparagraph (C), the City shall pay to the Secretary an amount equal to the appraised value of the Federal reversionary interest, as determined under subparagraph (B). As a condition of the conveyance under subparagraph (C), all costs associated with the conveyance (including the cost of the appraisal under subparagraph (B)), shall be paid by the City. In this subsection: The term County means Storey County, Nevada. The term Federal land means the approximately 1,745 acres of Federal land identified on the map as BLM Owned–County Request Transfer . The term map means the map entitled Restoring Storey County Act and dated November 20, 2012. The term mining townsite means the real property— located in the Virginia City townsite within the County; owned by the Federal Government; and on which improvements were constructed based on the belief that— the property had been or would be acquired from the Federal Government by the entity operating the relevant mine on the date of construction; or the individual or entity that made the improvements had a valid claim for acquiring the property from the Federal Government. The term Secretary means the Secretary of the Interior. The Secretary shall carry out an expedited program to examine each unpatented mining claim (including each unpatented mining claim for which a patent application has been filed) within the mining townsite. With respect to a mining claim described in subparagraph (A), if the Secretary determines that the elements of a contest are present, the Secretary shall immediately determine the validity of the mining claim. If the Secretary determines a mining claim to be invalid under subparagraph (B), as soon as practicable after the date of the determination, the Secretary shall declare the mining claim to be null and void. Each mining claim that the Secretary determines to be valid under subparagraph
(B)shall be maintained in compliance with the general mining laws and paragraph (3)(B)(ii). A holder of a mining claim described in clause
(i)shall not be entitled to a patent. The Secretary shall provide— a public notice that each mining claim holder may affirmatively abandon the claim of the mining claim holder prior to the validity review under subparagraph (B); and to each mining claim holder an opportunity to abandon the claim of the mining claim holder before the date on which the land that is subject to the mining claim is conveyed. 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), after completing the mining claim validity review under paragraph (2)(B), if requested by the County, the Secretary shall convey to the County, by quitclaim deed, all surface rights of the United States in and to the Federal land, including any improvements on the Federal land, in accordance with this paragraph. All mineral and geothermal rights in and to the Federal land are reserved to the United States With respect to each parcel of land located in a mining townsite subject to a valid mining claim, the Secretary shall— reserve the mineral rights in and to the mining townsite; and otherwise convey, without consideration, the remaining right, title, and interest of the United States in and to the mining townsite (including improvements to the mining townsite), as identified for conveyance on the map. Each valid mining claim shall be subject to each procedure and requirement described in section 9 of the Act of December 29, 1916 ( 43 U.S.C. 299 ) (commonly known as the Stockraising Homestead Act of 1916 ) (including regulations). In the case of a mining townsite conveyed under paragraph (3)(B)(i)(II) for which a valid interest is proven by 1 or more individuals in accordance with chapter 244.2825 of the Nevada Revised Statutes, the County shall reconvey the property to the 1 or more individuals by appropriate deed or other legal conveyance in accordance with that chapter. The County shall not be required to recognize a claim under this paragraph that is submitted on a date that is later than 5 years after the date of enactment of this Act. The conveyance of a mining townsite under paragraph
(3)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. Subject to valid rights in existence on the date of enactment of this Act, and except as otherwise provided in this Act, the mining townsite is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. A mining townsite to be conveyed by the United States under paragraph
(3)shall be sufficiently surveyed as a whole to legally describe the land for patent conveyance. If a mining claim determined by the Secretary to be valid under paragraph (2)(B) is abandoned, invalidated, or otherwise returned to the Bureau of Land Management, the mining claim shall be— withdrawn in accordance with paragraph (6); and subject to the agreement of the owner, conveyed to the owner of the surface rights covered by the mining claim. On completion of the conveyance of a mining townsite under paragraph (3), the United States shall be relieved from liability for, and shall be held harmless from, any claim arising from the presence of an improvement or material on the mining townsite. It is the sense of Congress that the examination of the unpatented mining claims under paragraph
(2)and the conveyances under paragraph
(3)should be completed by not later than 18 months after the date of enactment of this Act. In this subsection: The term county means the county of Elko, Nevada. The term map means the map entitled Elko Motocross Park and dated April 19, 2013. The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this subsection, if requested by the county the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in paragraph (3). The land referred to in paragraph
(2)consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park . As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this subsection. The Secretary may correct any minor error in the map or the legal description. The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. The land conveyed under this subsection shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in paragraph (3). In this subsection: The term map means the map entitled Te-moak Tribal Land Expansion and dated April 19, 2013. The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. The term Tribe means the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band). Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— shall be held in trust by the United States for the benefit and use of the Tribe; and shall be part of the reservation of the Tribe. The land referred to in paragraph
(2)is the approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as Expansion Area . The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (2). Land taken into trust under paragraph
(2)shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )). The Tribe shall use the land taken into trust under paragraph
(2)only for— traditional and customary uses; stewardship conservation for the benefit of the Tribe; or residential or recreational development. If the Tribe uses any portion of the land taken into trust under paragraph
(2)for a purpose other than a purpose described in clause (i), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. With respect to the land taken into trust under paragraph (2), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without reimbursement, the Federal land described in subparagraph (B). The Federal land referred to in subparagraph
(A)is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that— is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875). On transfer of the Federal land described under subparagraph
(B)to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land. Nothing in this subsection shall be construed— to establish a reservation in favor of the United States with respect to any water or water right on land transferred by this subsection; or to authorize the appropriation of water on land transferred by this subsection except in accordance with applicable State law. This subsection shall not be construed to affect any water rights acquired or reserved by the United States before the date of enactment of this Act.
Connectionstraces to 5
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.