Pub. L. 108-137, tit. III, sec. 314
Martin’s Cove Lease.
Sec. 314. Martin’s Cove Lease. (a) Definitions.—In this section:117 STAT. 1863(1) Bureau of Land Management.—The term “Bureau of Land Management”, hereafter referred to as the “BLM”, means an agency of the Department of the Interior.(2) Corporation.—The term “Corporation” means the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, located at 50 East North Temple Street, Salt Lake City, Utah.(3) Martin’s Cove.—The term “Martin’s Cove” means the area, consisting of approximately 940 acres of public lands in Natrona County, Wyoming as depicted on the Martin’s Cove map numbered MC–001.(4) Secretary.—The term “Secretary” means the Secretary of the Interior.(b) Lease.—(1) In general.—Not later than 120 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the Corporation to lease, for a term of 25 years, approximately 940 acres of Federal land depicted on the Martin’s Cove map MC–001. The Corporation shall retain the right of ingress and egress in, from and to any part of the leasehold for its use and management as an important historical site.(2) Terms and conditions.—(A) Survey.—As a condition of the agreement under paragraph (1), the Corporation shall provide a boundary survey to the Secretary, acceptable to the Corporation and the Secretary, of the parcels of land to be leased under paragraph (1).(B) Access.—(i) In general.—The Secretary and the Corporation shall enter into a lease covenant, binding on any successor or assignee that ensures that, consistent with the historic purposes of the site, public access will be provided across private land owned by the Corporation to Martin’s Cove and Devil’s Gate. Access shall—(I) ensure public visitation for historic, educational and scenic purposes through private lands owned by the Corporation to Martin’s Cove and Devil’s Gate;(II) provide for public education, ecologic and preservation at the Martin’s Cove site;(III) be provided to the public without charge; and(IV) permit the Corporation, in consultation with the BLM, to regulate entry as may be required to protect the environmental and historic values of the resource at Martin’s Cove or at such times as necessitated by weather conditions, matters of public safety and nighttime hours.(C) Improvements.—The Corporation may, upon approval of the BLM, improve the leasehold as may become necessary from time to time in order to accommodate visitors to the leasehold.(D) Archaeological preservation.—The Corporation shall have the obligation to protect and maintain any historical or archaeological artifacts discovered or otherwise identified at Martin’s Cove.117 STAT. 1864(E) Visitation guidelines.—The Corporation may establish, in consultation with the BLM, visitation guidelines with respect to such issues as firearms, alcoholic beverages, and controlled substances and conduct consistent with the historic nature of the resource, and to protect public health and safety.(F) No abridgement.—The lease shall not be subject to abridgement, modification, termination, or other taking in the event any surrounding area is subsequently designated as a wilderness or other protected areas. The lease shall contain a provision limiting the ability of the Secretary from administratively placing Martin’s Cove in a restricted land management status such as a Wilderness Study Area.(G) Right of first refusal.—The Corporation shall be granted a right of first refusal to lease or otherwise manage Martin’s Cove in the event the Secretary proposes to lease or transfer control or title of the land to another party.(H) Fair market value lease payments.—The Corporation shall make lease payments which reflect the fair market rental value of the public lands to be leased, provided however, such lease payments shall be offset by value of the public easements granted by the Corporation to the Secretary across private lands owned by the Corporation for access to Martin’s Cove and Devil’s Gate.(I) Renewal.—The Secretary may offer to renew such lease on terms which are mutually acceptable to the parties.(c) Mineral Withdrawal.—The Secretary shall retain the subsurface mineral estate under the 940 acres under the leasehold. The 940 acres described in subsection (a)(3) are hereby withdrawn from mining location and from all forms of entry, appropriation, and disposal under the public land laws.(d) No Precedent Set.—This Act does not set a precedent for the terms and conditions of leases between or among private entities and the United States.(e) Valid and Existing Rights.—The Lease provided for under this section shall be subject to valid existing rights with respect to any lease, right-of-way, permit, or other valid existing rights to which the property is subject.(f) Availability of Map.—The Secretary shall keep the map identified in this section on file and available for public inspection in the Casper District Office of the BLM in Wyoming and the State Office of the BLM, Cheyenne, Wyoming.(g) NEPA Compliance.—The Secretary shall comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this section.