HR 6497 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6497CommentsClose CommentsPermalink

To provide for the conveyance of certain public lands under the jurisdiction of the Bureau of Land Management in and around historic mining townsites in Nevada, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 21, 2012CommentsClose CommentsPermalink

Mr. AMODEI introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for the conveyance of certain public lands under the jurisdiction of the Bureau of Land Management in and around historic mining townsites in Nevada, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Nevada Mining Townsite Conveyance Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE COUNTIES, NEVADA.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda and Nye in the State of Nevada.CommentsClose CommentsPermalink





(2) While the real property is under the jurisdiction of the Secretary of the Interior, acting through the Bureau of Land Management, some of the real property land has been occupied for decades by persons who took possession by purchase or other documented and putatively legal transactions, but whose continued occupation of the real property constitutes a ‘trespass’ upon the title held by the Federal Government.CommentsClose CommentsPermalink





(3) As a result of the confused and conflicting ownership claims, the real property is difficult to manage under multiple use policies and creates a continuing source of friction and unease between the Federal Government and local residents.CommentsClose CommentsPermalink





(4) Much of the real property is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness, and the Bureau of Land Management has already identified certain parcels of the real property for disposal.CommentsClose CommentsPermalink





(5) Some of the real property contains historic and cultural values that must be protected.CommentsClose CommentsPermalink





(6) To promote responsible resource management of the real property, certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county can, among other things, dispose of the property to persons residing on or otherwise occupying the property.CommentsClose CommentsPermalink





(b) Mining Townsite Defined- In this section, the term ‘mining townsite’ means real property in the counties of Esmeralda and Nye, Nevada, that is owned by the Federal Government, but upon which improvements were constructed because of a mining operation on or near the property and based upon the belief that--CommentsClose CommentsPermalink





(1) the property had been or would be acquired from the Federal Government by the entity that operated the mine; orCommentsClose CommentsPermalink





(2) the person who made the improvement had a valid claim for acquiring the property from the Federal Government.CommentsClose CommentsPermalink





(c) Conveyance Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, all right, title, and interest of the United States in and to mining townsites (including improvements thereon) identified for conveyance on the maps entitled ‘Original Mining Townsite Gold Point, Nevada, Land Disposal Map’ and ‘Original Mining Townsite Ione, Nevada, Land Disposal Map’, dated XXXXXX.CommentsClose CommentsPermalink





(2) AVAILABILITY OF MAPS- The maps referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary of the Interior, including the office of the Bureau of Land Management located in the State of Nevada.CommentsClose CommentsPermalink





(d) Recipients-CommentsClose CommentsPermalink





(1) ORIGINAL RECIPIENT- Subject to paragraph (2), the conveyance of a mining townsite under subsection (c) shall be made to the county in which the mining townsite is situated.CommentsClose CommentsPermalink





(2) RECONVEYANCE TO OCCUPANTS- In the case of a mining townsite conveyed under subsection (c) for which a valid interest is proven by one or more persons, under the provisions of Nevada Revised Statutes Chapter 244, the county that received the mining townsite under paragraph (1) shall reconvey the property to that person or persons by appropriate deed or other legal conveyance as provided in that State law. For purposes of proving a valid interest, the person making the claim must have occupied the mining townsite for at least 15 years immediately before the date of the enactment of this Act. The county is not required to recognize a claim under this paragraph submitted more than 10 years after the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Protection of Historic and Cultural Resources- As a condition on the conveyance or reconveyance of a mining townsite under subsection (c) or (d)(2), all historic and cultural resources (including improvements) on the mining townsite shall be preserved and protected in accordance with applicable Federal and State law.CommentsClose CommentsPermalink





(f) Valid Existing Rights- The conveyance of a mining townsite under this section 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. All valid existing rights and interests of mining claimants shall be maintained, unless those rights or interests are deemed abandoned and void or null and void under--CommentsClose CommentsPermalink





(1) section 2320 of the Revised Statutes (30 U.S.C. 23);CommentsClose CommentsPermalink





(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); orCommentsClose CommentsPermalink





(3) section 10104 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 30 U.S.C. 28i), including regulations promulgated under section 3833.1 of title 43, Code of Federal Regulations or any successor regulation.CommentsClose CommentsPermalink





(g) Survey- A mining townsite to be conveyed by the United States under this section shall be sufficiently surveyed to legally describe the land for patent conveyance.CommentsClose CommentsPermalink





(h) Release- On completion of the conveyance of a mining townsite under subsection (c), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property.CommentsClose CommentsPermalink





(i) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of the Interior such amounts as may be necessary to carry out the conveyances required by this section, including funds to cover the costs of cadastral and mineral surveys, mineral potential reports, hazardous materials, biological, cultural and archeological clearances, validity examinations and other expenses incidental to the conveyances.CommentsClose CommentsPermalink