[House Report 112-474]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-474
======================================================================
AMENDING THE MESQUITE LANDS ACT OF 1986 TO FACILITATE IMPLEMENTATION OF
A MULTISPECIES HABITAT CONSERVATION PLAN FOR THE VIRGIN RIVER IN CLARK
COUNTY, NEVADA
_______
May 10, 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
[To accompany H.R. 2745]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2745) to amend the Mesquite Lands Act of 1986 to
facilitate implementation of a multispecies habitat
conservation plan for the Virgin River in Clark County, 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. AMENDMENT TO THE MESQUITE LANDS ACT OF 1986.
Section 3 of Public Law 99-548 (commonly known as the ``Mesquite
Lands Act of 1986'') is amended--
(1) in subsection (d)(3)(B), by inserting ``and
implementation'' after ``development'';
(2) in subsection (e)--
(A) in paragraph (1)(A), by striking ``For a period
of 12 years after the date of the enactment of this
Act,'' and inserting ``Until November 29, 2020,'';
(B) in paragraph (3), by striking ``Not later than 10
years after the date of the enactment of this
subsection,'' and inserting ``Not later than November
29, 2019,''; and
(C) in paragraph (5), by striking ``the date that is
12 years after the date of the enactment of this
subsection,'' and inserting ``the date specified in
paragraph (1)(A),''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than 1
year after the date of the enactment of this
subsection, the'' and inserting ``The'';
(B) in paragraph (2), by inserting after subparagraph
(C) the following:
``(D) The approximately 218 acres of land depicted as
`Hiatus' on the map titled `Mesquite Airport
Conveyance' and dated January, 13, 2012.'';
(C) in paragraph (3), by striking ``until the date
that is 12 years after the date of the enactment of
this subsection,'' and inserting ``until November 29,
2020,'';
(D) by amending paragraph (4) to read as follows:
``(4) Reverter.--If the land conveyed pursuant to paragraph
(1) is not used by the city as an airport or for another public
purpose, it shall revert to the United States, at the option of
the Secretary, except that the city shall have an exclusive
right to purchase such land.''; and
(E) by redesignating paragraph (5) as paragraph (7)
and by inserting after paragraph (4) the following:
``(5) Right to purchase land.--Until November 29, 2020, the
City of Mesquite, Nevada, subject to all appropriate
environmental reviews, including compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et. seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.),
shall have the exclusive right to purchase the parcels of
public land described in paragraph (2) that the Secretary did
not convey to the city pursuant to paragraph (1).
``(6) Proceeds of sale.--The proceeds of the sale of each
parcel under this subsection shall be deposited into the
General Treasury.''.
Purpose of the Bill
The purpose of H.R. 2745, as ordered reported, is to amend
the Mesquite Lands Act of 1986 to facilitate implementation of
a multispecies habitat conservation plan for the Virgin River
in Clark County, Nevada.
Background and Need for Legislation
The Mesquite Lands Act of 1986 (Public Law 99-548) was
amended by Section 121 of Public Law 104-208 to afford the City
of Mesquite, Nevada, the exclusive right to purchase certain
federal land under the control of the Bureau of Land Management
(BLM), at not less than fair market value for a period of 12
years. On October 24, 1996, these public lands were segregated
from all forms of appropriation under the public land laws,
including the general mining laws, until September 29, 2008.
The Mesquite Lands Act was further amended by Public Law 106-
113 on November 29, 1999, with the specific purpose of
conveying land to construct a commercial airport and to provide
more room for commercial and industrial development to meet
future demands for its citizens and a rapidly growing tourism
industry. The 1999 amendment provided a timeframe of 12 years
for the conveyance to occur. The lands were subject to all
existing rights but were withdrawn from all forms of entry and
appropriation under the public land laws, including the mining
laws, and from operation of the mineral leasing and geothermal
leasing laws for a period of 12 years after the date of the
enactment. The authority to obtain the parcels of land made
available by the Mesquite Lands Act expired in November 2011.
H.R. 2745 will amend the Mesquite Lands Act of 1986 to
extend the timeline for Mesquite to purchase select parcels and
identify land to be conveyed for use as an airport in Clark
County, Nevada. This will provide more room for commercial and
industrial development to meet future demands for its citizens
and a rapidly growing tourism industry. The bill also corrects
an inadvertent omission in the Clark County Conservation of
Public Land and Natural Resources Act of 2002 (Public Law 107-
282) to allow for the implementation of the Virgin River
Habitat Conservation and Recovery Plan and the Hydrologic
Monitoring and Mitigation Plan.
During full committee consideration of the bill, the
Committee approved an amendment offered by Congressman Rob
Bishop (R-UT) that strikes an expired timing requirement that
expired after one year of its original enactment, corrects
another date reference to mirror the extensions to November 29,
2020 in the underlying bill and accounts for an approximately
218 acre parcel situated between the other parcels under
consideration by Mesquite, Nevada, which BLM noted has been
inadvertently overlooked due to survey errors. Finally, the
amendment allowed for Mesquite to purchase, at fair market
value, any of the acreage identified for the potential airport
conveyance that is not ultimately used for an airport. Any
proceeds from the sale of this acreage will be deposited into
the General Treasury.
To address a potential and unintended cost stemming from
the diversion of proceeds from the sale of land in Subsection E
(Fifth area), the committee will offer an amendment when the
bill is considered by the House to direct the proceeds to the
General Treasury. Identical language was used to direct the
proceeds from potential lands sales in Subsection F (Sixth
area) and will ensure that there is no cost to the taxpayer.
This corrective amendment will eliminate the direct spending
identified in the Congressional Budget Office score of the
bill.
Committee Action
H.R. 2745 was introduced on August 1, 2011, by Congressman
Joseph Heck (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 December 2,
2011, the Subcommittee held a hearing on the bill. On February
29, 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 .965 to the
bill; the amendment was approved by voice vote. 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. 2745--A bill to amend the Mesquite Lands Act of 1986 to facilitate
implementation of a multispecies habitat conservation plan for
the Virgin River in Clark County, Nevada
H.R. 2745 would give the city of Mesquite, Nevada, the
exclusive right to purchase certain federal lands administered
by the Bureau of Land Management (BLM). The bill also would
authorize BLM and the U.S. Fish and Wildlife Service (USFWS) to
spend a portion of the proceeds from those sales on specified
activities. Based on information provided by the affected
agencies, CB0 estimates that implementing H.R. 2745 would
increase direct spending by $3 million over the 2012-2022
period; therefore, pay-as-you-go procedures apply. Enacting
H.R. 2745 would not affect revenues.
Based on information from BLM and the city of Mesquite, CBO
expects that, under current law, the affected lands would be
sold under the Federal Land Policy and Management Act (FLPMA).
CBO estimates that proceeds from those sales would total about
$7 million over the 2012-2020 period. Under FLPMA, 96 percent
of all proceeds from lands sales are deposited in the U.S.
Treasury. Because H.R. 2745 would authorize BLM and USFWS to
spend roughly half of those proceeds, without further
appropriation, to pay for certain administrative costs and to
implement a multispecies habitat conservation plan in Clark
County, Nevada, CB0 estimates that implementing the bill would
increase direct spending.
H.R. 2745 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CB0 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, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the affected agencies, CBO estimates that implementing H.R.
2745 would increase direct spending by $3 million over the
2012-2022 period; therefore, pay-as-you-go procedures apply.
Enacting H.R. 2745 would not affect revenues.
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 amend the
Mesquite Lands Act of 1986 to facilitate implementation of a
multispecies habitat conservation plan for the Virgin River in
Clark County, 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 as defined under
Public Law 104-4.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE ACT OF OCTOBER 27, 1986
(Public Law 99-548)
AN ACT To transfer certain real property to the City of Mesquite,
Nevada.
SEC. 3. NOTIFICATION AND SALE PERIODS.
(a) * * *
* * * * * * *
(d) Fourth Area.--(1) * * *
* * * * * * *
(3) Use of proceeds.--The proceeds of the sale of
each parcel completed after the date of enactment of
this subsection shall be deposited in the special
account established under section 4(e)(1)(C) of the
Southern Nevada Public Land Management Act of 1998 (112
Stat. 2345); and shall be available for use by the
Secretary--
(A) * * *
(B) for the development and implementation of
a multispecies habitat conservation plan for
the Virgin River in Clark County, Nevada,
including any associated groundwater monitoring
plan; and
* * * * * * *
(e) Fifth Area.--
(1) Right to purchase.--
(A) In general.--[For a period of 12 years
after the date of the enactment of this Act,]
Until November 29, 2020, the City of Mesquite,
Nevada, subject to all appropriate
environmental reviews, including compliance
with the National Environmental Policy Act and
the Endangered Species Act, shall have the
exclusive right to purchase the parcels of
public land described in paragraph (2).
* * * * * * *
(3) Notification.--[Not later than 10 years after the
date of the enactment of this subsection,] Not later
than November 29, 2019, the city shall notify the
Secretary which of the parcels of public land described
in paragraph (2) the city intends to purchase.
* * * * * * *
(5) Withdrawal.--Subject to valid existing rights,
until [the date that is 12 years after the date of the
enactment of this subsection,] the date specified in
paragraph (1)(A), the parcels of public land described
in paragraph (2) are withdrawn from all forms of entry
and appropriation under the public land laws, including
the mining laws, and from operation of the mineral
leasing and geothermal leasing laws.
* * * * * * *
(f) Sixth Area.--
(1) In general.--[Not later than 1 year after the
date of the enactment of this subsection, the] The
Secretary shall convey to the City of Mesquite, Nevada,
in accordance with section 47125 of title 49, United
States Code, and subject to all appropriate
environmental reviews, including compliance with the
National Environmental Policy Act and the Endangered
Species Act, up to 2,560 acres of public land to be
selected by the city from among the parcels of land
described in paragraph (2).
(2) Land description.--The parcels of land referred
to in paragraph (1) are as follows:
(A) * * *
* * * * * * *
(D) The approximately 218 acres of land
depicted as ``Hiatus'' on the map titled
``Mesquite Airport Conveyance'' and dated
January 13, 2012.
(3) Withdrawal.--Subject to valid existing rights,
[until the date that is 12 years after the date of the
enactment of this subsection,] until November 29, 2020,
the parcels of public land described in paragraph (2)
are withdrawn from all forms of entry and appropriation
under the public land laws, including the mining laws,
and from operation of the mineral leasing and
geothermal leasing laws.
[(4) If the land conveyed pursuant to this section is
not utilized by the city as an airport, it shall revert
to the United States, at the option of the Secretary.]
(4) Reverter.--If the land conveyed pursuant to
paragraph (1) is not used by the city as an airport or
for another public purpose, it shall revert to the
United States, at the option of the Secretary, except
that the city shall have an exclusive right to purchase
such land.
(5) Right to purchase land.--Until November 29, 2020,
the City of Mesquite, Nevada, subject to all
appropriate environmental reviews, including compliance
with the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et. seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et. seq.), shall have the
exclusive right to purchase the parcels of public land
described in paragraph (2) that the Secretary did not
convey to the city pursuant to paragraph (1).
(6) Proceeds of sale.--The proceeds of the sale of
each parcel under this subsection shall be deposited
into the General Treasury.
[(5)] (7) Nothing in this section shall preclude the
Secretary from applying appropriate terms and
conditions as identified by the required environmental
review to any conveyance made under this section.