Overview
Title
To provide for transfer of ownership of certain Federal lands in northern Nevada, to authorize the disposal of certain Federal lands in northern Nevada for economic development, to promote conservation in northern Nevada, and for other purposes.
ELI5 AI
This bill is about giving some land in Northern Nevada to local groups and making sure the environment is protected. It also talks about selling some land to help make the area nicer and to help pay for things people need.
Summary AI
H.R. 3173 proposes the transfer and disposal of certain federal lands in Northern Nevada, aiming to boost economic development and promote conservation efforts. The bill outlines various specific land conveyances to local governments, tribes, and other entities for purposes like public parks, flood control, and recreation. It also establishes guidelines for managing the proceeds from land sales to benefit local and federal projects and emphasizes adhering to environmental regulations. Additionally, the bill encourages coordinated efforts for ecological restoration and improves infrastructure within the designated areas.
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AnalysisAI
The Northern Nevada Economic Development and Conservation Act of 2024 is a piece of legislation focused on the transfer of ownership of federal lands in northern Nevada. The bill aims to facilitate economic development, promote conservation efforts, and ensure sustainable land management practices. It involves a broad range of actions, including land conveyances, sales, and regulations impacting counties such as Douglas, Elko, and Pershing. In addition, it outlines partnerships with local tribes and addresses issues of flood protection and public utility through land reallocations.
Summary of Significant Issues
One of the core issues with the bill is the transfer of federal land to state and local entities without requiring compensation. This approach is seen in the conveyance of land to the State of Nevada and Douglas County. The absence of consideration for these transactions raises concerns about the potential loss of public assets without clear benefits to taxpayers. There are also concerns regarding the vague language throughout the bill, such as the use of terms like "and for other purposes," which may allow for unintended uses beyond the initially stated objectives.
Another significant concern is the provisions related to environmental responsibilities. Some sections relieve federal authorities from the obligation to remediate hazardous substances on conveyed lands, potentially creating environmental and health risks that local entities may not be prepared to manage.
The bill consistently uses broad discretion concerning easements and the correction of "minor errors" in land boundaries, which could result in favoritism or misuse. Such provisions lack precise definitions, potentially leading to significant changes in land use under the guise of minor adjustments.
There is also a lack of clear criteria and oversight for the allocation and use of proceeds from land sales. Funds directed to special accounts without essential budgetary controls could lead to financial mismanagement, raising questions about the accountability of these transactions.
Broad Public Impact
The transfer of federal lands without compensation has implications for public resources. While it intends to foster local development and conservation, the loss of federal property without compensation might impact the federal budget or local resource allocation. Communities could benefit from improved public parks and economic projects, but they may also face the burden of managing lands with potential environmental liabilities or administrative costs they are ill-equipped to handle.
Impact on Specific Stakeholders
Local governments may benefit from increased autonomy and development opportunities but could face financial burdens due to the requirement to cover all costs associated with land conveyances. This demand could strain municipal budgets, limiting their ability to capitalize on the opportunities the land presents.
Environmental stakeholders may express concern over the reduced federal oversight in land management and the potential for environmental degradation if responsibilities for hazardous material remediation are transferred without adequate local resources or expertise.
Tribal entities stand to gain trust lands to better control and benefit from their natural resources, fostering cultural preservation and potential economic development. However, the assumption of pre-consent for certain projects may raise autonomy concerns.
The federal government, while aiming for more efficient land management and reduced administrative costs, may face criticisms over the potential undervaluation of assets and the lack of stringent oversight, which could lead to public skepticism regarding the stewardship of national resources.
Overall, the bill presents opportunities for local growth and conservation in northern Nevada but calls for careful scrutiny to ensure equitable and transparent processes in its implementation.
Issues
The conveyance of Federal lands without consideration, such as the transfer of land to the State of Nevada and Douglas County in Sections 111 and 113, raises concerns about the loss of valuable public assets without adequate justification of public benefit. This issue could lead to public scrutiny regarding favoritism towards local governments and the potential undervaluation of federal resources.
The phrase 'and for other purposes' in Section 101 and similar phrases in other sections are vague and non-specific, potentially allowing for unintended uses or expenses, which could lead to misuse of funds or the expansion of project scopes beyond their intended purposes.
Subsections allowing for 'minor errors' to be corrected, as seen in Sections 111, 114, and others, lack clarity on what constitutes a 'minor error'. This vagueness might allow for significant changes under the guise of minor adjustments, leading to potential misuse or abuse of this flexibility.
Environmental concerns are highlighted in multiple sections, such as 111(e) and 115(i), due to provisions that relieve the Secretary of responsibility for remediation of hazardous substances. This could lead to environmental and health risks if hazardous materials are left unaddressed in conveyed lands.
The lack of specific criteria for granting easements, as seen in Sections 111(f) and 114(g), allows for discretionary decisions that could potentially lead to favoritism or inconsistent application, affecting public access and use of conveyed lands.
Provisions such as the one in Section 303 that allow land conveyance without payment to the Truckee River Flood Management Authority could be perceived as favoritism, raising questions about equitable treatment and oversight of public resources.
The absence of detailed oversight or criteria for the use of proceeds from land sales, such as in Section 506 for the Pershing County Special Account, could result in financial mismanagement or misuse of funds designated for specific public purposes.
Section 407 allows for proceeds to be used 'without further appropriation and without fiscal year limitation', potentially bypassing normal budgetary controls and reducing Congressional oversight, which raises concerns about fiscal accountability.
The potential for lack of transparency and favoritism in the selection of 'qualified bidders' for the sale of Federal lands, highlighted in Sections 505 and 504, could undermine equitable access to federal resources and lead to legal challenges.
The consistent requirement across sections for local entities, such as cities or counties, to cover all costs associated with land conveyances (e.g., Sections 113, 702, and 802) might impose significant financial burdens on these local governments, prompting concerns about fairness and feasibility in fulfilling these financial obligations.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The “Northern Nevada Economic Development and Conservation Act of 2024” outlines various provisions for land conveyances and development across multiple counties in Northern Nevada, including economic and conservation initiatives in Douglas County, Incline Village, and others, as well as the protection of tribal cultural resources and public purposes. It also addresses flood protection, public lands correction, and economic development in specific areas such as Carson City, Pershing County, Elko, Fernley, Sparks, and general provisions like the administration of State water rights and the Greenlink West Project.
101. Purpose Read Opens in new tab
Summary AI
The purpose of this title is to encourage conservation efforts, enhance public lands, and facilitate responsible development in Douglas County, Nevada, among other goals.
102. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the bill, including "County" as Douglas County, Nevada, "Map" as a specific map dated November 12, 2024, "public land" as defined in a US law, "Secretary concerned" as officials responsible for different lands, "State" as Nevada, and "Tribe" as the Washoe Tribe of Nevada and California.
111. Conveyance to State of Nevada Read Opens in new tab
Summary AI
The Secretary is required to transfer approximately 67 acres of land in Nevada to the state, but Nevada must pay for all related costs. This land can only be used for conservation or as a public park, and if it is used for anything else, it might go back to the federal government. The Secretary can also include extra rules to protect U.S. interests and make minor adjustments to boundaries.
112. Tahoe Rim Trail Read Opens in new tab
Summary AI
The Secretary of Agriculture, along with the County and other stakeholders, is tasked with creating a cooperative management plan for around 13 acres of land known as the “Tahoe Rim Trail North Parcel” to enhance recreational access and conserve natural resources.
113. Conveyance to Douglas County, Nevada Read Opens in new tab
Summary AI
The section outlines the conveyance of approximately 7,777 acres of federal land in Douglas County, Nevada, to the county itself. The land can be used for public purposes like recreation or flood control, must not be sold, and may revert to federal ownership if used improperly; the county is responsible for any costs related to the conveyance, including appraisals and surveys, while the Secretary of Agriculture retains rights to determine access and make minor boundary adjustments.
114. Sale of certain Federal land Read Opens in new tab
Summary AI
The section outlines the steps for the sale of certain federal lands, including mineral rights, to qualified bidders. It specifies the land details, sale process, compliance with local laws, environmental considerations, distribution of sale proceeds, and ensures that the land can be used for public purposes if elected by state or county authorities, as long as they comply with specific laws.
115. Open space recreation area Read Opens in new tab
Summary AI
The section describes a process where the Secretary of Agriculture is required to transfer federally owned land to a County for recreational use without charge. This involves specific terms, including that the County covers costs associated with the transfer, the land cannot be sold, and it must be used as intended, with the possibility of reverting to federal ownership if misused.
121. Transfer of land to be held in trust for Tribe Read Opens in new tab
Summary AI
The bill section defines how certain Federal lands will be transferred into trust for a Tribe, specifying that the lands will not be used for gaming and can be used for environmental restoration benefiting both the Tribe and government agencies. Additionally, it clarifies that existing water rights or other valid claims remain unaffected by the land's transfer into trust.
131. Authority of Forest Service to convey to State or county for public purposes Read Opens in new tab
Summary AI
The section allows the Secretary of Agriculture to transfer Forest Service land to a State or county without payment, as long as the land is not suitable for Forest Service use and is needed for public purposes, like recreation or environmental protection. If the land is used improperly, it may be returned to the U.S. government.
132. Special use authorizations for recreation and other purposes Read Opens in new tab
Summary AI
The section outlines the procedure for issuing special use permits for approximately 188 acres of federal land, describing how the Secretary of Agriculture should handle proposals from local governments for using this land for recreational or other purposes within a year, and sets conditions to protect U.S. interests and ensure legal compliance.
201. Purpose Read Opens in new tab
Summary AI
The purpose of this section is to enhance the management of hazardous fuels and improve public recreation by transferring federal land to the Incline Village General Improvement District in Nevada for public use.
202. Definitions Read Opens in new tab
Summary AI
In this section, the term "Secretary" refers to the Secretary of Agriculture, and "District" refers to the Incline Village General Improvement District located in the State of Nevada.
203. Land conveyances for public purposes Read Opens in new tab
Summary AI
The Secretary will transfer ownership of specific federal lands to the District within a year, provided the District takes over responsibility and costs, while ensuring the land is used for public purposes like recreation and fire risk reduction. The District must pay the fair market value for the land and the transfer will follow environmental and legal standards, with easements and boundary adjustments handled as needed.
301. Purpose Read Opens in new tab
Summary AI
The purpose of this section is to transfer certain federal land located along the Truckee River in Nevada to the Truckee River Flood Management Authority. This transfer aims to support environmental restoration and manage flood control.
302. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used within a specific part of a bill. It clarifies that "Secretary" refers to the Secretary of the Interior and includes the Bureau of Land Management and the Bureau of Reclamation, and that "TRFMA" stands for the Truckee River Flood Management Authority located in Nevada.
303. Land conveyances for flood protection Read Opens in new tab
Summary AI
The section authorizes the transfer of certain federal lands to the Truckee River Flood Management Authority (TRFMA) without cost, for flood protection and river restoration purposes along the Truckee River in Nevada. TRFMA must pay any conveyance-related costs and the land may revert to the United States if used inconsistently with these purposes.
401. Definitions Read Opens in new tab
Summary AI
The section defines important terms such as “Secretary,” which refers to the Secretary of Agriculture for land in the National Forest System and the Secretary of the Interior for other federal lands. It also defines “City” as Carson City, Nevada, and describes the “Carson City Federal Land Collaboration Committee” as a group including the City Manager, their designee, and up to three members appointed by the Carson City Board of Supervisors to represent different areas of the city's government.
402. Land conveyances Read Opens in new tab
Summary AI
The section outlines the requirements for the U.S. government to transfer ownership of a specific parcel of land (about 258 acres) to Carson City. This transfer involves the city paying all related costs and ensuring the land's market value through an appraisal. Carson City can later sell or lease the land, but any sale must reflect the fair market value, with proceeds handled as per existing laws.
403. Carson City street connector conveyance Read Opens in new tab
Summary AI
The section authorizes the transfer of certain federal lands to Carson City for roadway expansion, requiring Carson City to pay fair market value and cover associated costs like surveys and appraisals. Carson City must also build a crosswalk for safety, while the federal government discloses environmental hazards without having to clean them up, and the Secretary can make adjustments to land boundaries and descriptions if needed.
404. Amendment to reversionary interests Read Opens in new tab
Summary AI
The section amends existing law to allow the City to sell or lease land to other parties for purposes like economic development or recreation, as long as it aligns with the 1926 Recreation and Public Purposes Act. The land must be sold for at least its fair market value, and the money from the sale will be deposited into a specified account.
405. Disposal of Federal land Read Opens in new tab
Summary AI
The section outlines the disposal process for approximately 28 acres of federal land in Carson City, specifying that all related expenses are the responsibility of the buyer. It also states that the City will retain certain utility and drainage easements on the land after the sale.
406. Transfer of land to the United States Read Opens in new tab
Summary AI
The section outlines that the City must transfer ownership of about 17 acres of land to the Secretary of the Interior within a year. The land may then be sold, with costs related to the sale and transfer being covered by the respective parties involved, and the City will keep certain easements and rights-of-way on the land. Costs for cleaning hazardous substances will be covered by those responsible per the law.
407. Disposition of proceeds Read Opens in new tab
Summary AI
The section outlines the handling of money from selling certain lands, which is placed in a special Treasury account called the "Carson City Special Account." This money can be used for various purposes, such as covering sale preparation costs, wildlife conservation, wildfire prevention, buying environmentally sensitive lands, and even educational projects in Carson City, with earnings from the account’s investments also available for use.
408. Postponement; exclusion from sale Read Opens in new tab
Summary AI
Section 408 amends a previous law to require the Secretary of the Interior to sell specific land to the highest qualified bidder within two years of the Northern Nevada Economic Development and Conservation Act of 2024, if there is a qualified bidder.
501. Short title Read Opens in new tab
Summary AI
The first section of this bill states that the official name for the title is the “Pershing County Economic Development and Conservation Act.”
502. Definitions Read Opens in new tab
Summary AI
This section defines key terms used in the bill, such as “appropriate congressional committees” which refers to specific House and Senate committees, and specifies definitions for various land-related terms like “eligible land,” “encumbered land,” and “qualified entity” concerning lands in Pershing County, Nevada, as well as identifying roles like the “Secretary of the Interior.”
503. Findings Read Opens in new tab
Summary AI
Congress has found that the checkerboard land pattern created by the Pacific Railway Act of 1862 has made land management difficult and costly for the Federal Government and local entities. They believe consolidating the land through sales and exchanges could enhance the local tax base and streamline Federal land management.
504. Sale or exchange of eligible land Read Opens in new tab
Summary AI
The section authorizes the sale or exchange of eligible federal land, with sales to be carried out through competitive bidding and exchanges ensuring equal value, unless adjusted. It outlines processes for selection, appraisal, and potential postponement or exclusion for ecological or safety reasons, and details conditions under which selected land is withdrawn from mining and other claims until sold or exchanged.
505. Sale of encumbered land Read Opens in new tab
Summary AI
The section allows the Secretary to sell U.S. interests in encumbered land to qualified entities within two years for fair market value. The buyer must cover all sale costs, and once sold, they will receive full ownership, merging any existing mineral rights they have with the new ownership.
506. Disposition of proceeds Read Opens in new tab
Summary AI
In Section 506, proceeds from the sale of land are allocated with 5% going to the State for education, 10% to the County as per their budget procedures, and the rest to a special account in the U.S. Treasury. This account can be used by the Secretary for land acquisitions that benefit the environment or public access, and to cover certain costs. Additionally, the special account earns interest and the Secretary is required to report every five years on its activity, including deposits, expenditures, and balance.
601. Federal complex Read Opens in new tab
Summary AI
The section authorizes the Secretary of the Interior and Secretary of Agriculture to set up a "Federal Complex" on certain federal lands for use by various federal agencies, including the Bureau of Land Management and the Forest Service. Funding for this complex can come from special federal accounts and, if needed, other available accounts from related agencies.
701. Short title Read Opens in new tab
Summary AI
This section specifies that the title may be referred to as the "Elko Economic Development Act."
702. Definitions Read Opens in new tab
Summary AI
In this part of the bill, several terms are defined: "City" refers to the City of Elko, Nevada; "County" refers to Elko County, Nevada; "Federal land identified for the City of Elko" is about 644 acres of federal land planned to be given to the City of Elko; "Federal land identified for Elko County" refers to about 3,475 acres of federal land planned for Elko County; and "Secretary" means the Secretary of the Interior.
703. Land conveyances to the City of Elko Read Opens in new tab
Summary AI
The Secretary will sell specific federal land to the City of Elko, Nevada, for fair market value, as determined by an approved appraisal process. The City must pay the appraised value and cover all related costs, and any proceeds from the sale will go into a special account created by a 1998 law.
704. Land conveyances to Elko County Read Opens in new tab
Summary AI
The section outlines that the Secretary will sell specific federal land in Elko County to the County for its fair market value, as determined by specific appraisal standards. The County must pay this value along with all associated costs, and the proceeds will go to a special account from the Southern Nevada Public Lands Management Act of 1998.
801. Short title Read Opens in new tab
Summary AI
The section provides the short title for the bill, which is called the "Fernley Economic Development Act."
802. Land conveyances Read Opens in new tab
Summary AI
The bill section describes how land owned by the United States will be sold to the City of Fernley, Nevada, at fair market value, with the City covering all related costs. It also specifies that the proceeds from this sale will go into a special account and defines key terms used in the section, like "City," "map," "Federal land," and "Secretary."
901. Definitions Read Opens in new tab
Summary AI
The section provides definitions for specific terms used in the bill: "City" refers to the City of Sparks, Nevada; "Map" refers to the Sparks Public Purpose Conveyances map dated April 15, 2020; and "Secretary" refers to the Secretary of the Interior.
902. Conveyance of land for use as a public cemetery Read Opens in new tab
Summary AI
The U.S. government plans to give a 40-acre piece of land to the City to be used as a public cemetery, without expecting payment for the land itself. However, the City must cover any costs related to the conveyance, such as surveys and administrative expenses.
903. Conveyance of land for use as regional public parks Read Opens in new tab
Summary AI
The section authorizes the transfer of certain lands to the City for use as regional public parks, with the requirement that the City covers associated costs and uses the land only for public parks or similar public purposes. If the land is used improperly, it could be taken back by the United States.
1001. Administration of State water rights Read Opens in new tab
Summary AI
The section states that this Act does not change who owns or controls any water rights that were already in place before the Act was enacted. These rights could belong to the United States, an Indian Tribe, a State, or an individual.
1002. Amendment to conveyance of Federal land in Storey County, Nevada Read Opens in new tab
Summary AI
Section 1002 amends a previous law to clarify that the Federal land in Storey County, Nevada can include an area labeled as "BLM Owned County Request Transfer" on a specific map called "Restoring Storey County" dated October 22, 2020.
1003. Maps and legal descriptions Read Opens in new tab
Summary AI
The section requires that maps and legal descriptions for the land to be conveyed under this Act must be finalized and made available to the public. It also allows for minor boundary adjustments and corrections of errors on these documents if agreed upon by the Secretary and the land recipients.
1004. Minor errors Read Opens in new tab
Summary AI
The Secretary, working with Nevada, is allowed to make small changes to the boundaries of federal land being transferred and fix any small mistakes in the related maps, acreage numbers, or legal descriptions.
1101. Greenlink West Project Read Opens in new tab
Summary AI
The Greenlink West Project section outlines that if the Walker Lake Parcel in Nevada is taken into trust for the Walker River Paiute Tribe, the Tribe's consent is assumed for using this land for the Project. The land use will undergo environmental review under the National Environmental Policy Act, and a right-of-way agreement, including compensation and operation terms, must be approved by the Secretary and the Tribe before construction begins.