Pub. L. 108-424, tit. I, sec. 102

CONVEYANCE OF LINCOLN COUNTY LAND.

EnactedYear: 2004Length: 623 wordsOfficial source
SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND. (a) In General.—Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation with the County, in accordance with that Act, this title, and other applicable law and subject to valid existing rights, shall conduct sales of—(1) the land described in subsection (b)(1) to qualified bidders not later than 75 days after the date of the enactment of this Act; and(2) the land described in subsection (b)(2) to qualified bidders as such land becomes available for disposal.(b) Description of Land.—The land referred to in subsection (a) consists of—(1) the land identified on the map as Tract A and Tract B totaling approximately 13,328 acres; and(2) not more than 90,000 acres of Bureau of Land Management managed public land in Lincoln County that is not segregated or withdrawn on the date of enactment of this Act or thereafter, and that is identified for disposal by the BLM either through—(A) the Ely Resource Management Plan (intended to be finalized in 2005); or (B) a subsequent amendment to that land use plan undertaken with full public involvement. (c) Availability.—Each map and legal description shall be on file and available for public inspection in (as appropriate)—(1) the Office of the Director of the Bureau of Land Management;(2) the Office of the Nevada State Director of the Bureau of Land Management;(3) the Ely Field Office of the Bureau of Land Management; and(4) the Caliente Field Station of the Bureau of Land Management.(d) Joint Selection Required.—The Secretary and the County shall jointly select which parcels of land described in subsection (b)(2) to offer for sale under subsection (a).(e) Compliance With Local Planning and Zoning Laws.—Before a sale of land under subsection (a), the County shall submit to the Secretary a certification that qualified bidders have agreed to comply with—(1) County and city zoning ordinances; and118 STAT. 2405(2) any master plan for the area approved by the County. (f) Method of Sale; Consideration.—The sale of land under subsection (a) shall be—(1) consistent with section 203(d) and 203(f) of the Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and (f)); (2) through a competitive bidding process unless otherwise determined by the Secretary; and(3) for not less than fair market value.(g) Withdrawal.—(1) In general.—Subject to valid existing rights and except as provided in paragraph (2), the land described in subsection (b) is withdrawn from—(A) all forms of entry and appropriation under the public land laws, including the mining laws;(B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws.(2) Exception.—Paragraph (1)(A) shall not apply to a competitive sale or an election by the County to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the “Recreation and Public Purposes Act”).(h) Deadline for Sale.—(1) In general.—Except as provided in paragraph (2), the Secretary shall—(A) notwithstanding the Lincoln County Land Act of 2000 (114 Stat. 1046), not later than 75 days after the date of the enactment of this Act, offer by sale the land described in subsection (b)(1) if there is a qualified bidder for such land; and(B) offer for sale annually lands identified for sale in subsection (b)(2) until such lands are disposed of or unless the county requests a postponement under paragraph (2).(2) Postponement; exclusion from sale.—(A) Request by county for postponement or exclusion.—At the request of the County, the Secretary shall postpone or exclude from the sale all or a portion of the land described in subsection (b)(2).(B) Indefinite postponement.—Unless specifically requested by the County, a postponement under subparagraph (A) shall not be indefinite.
Pub. L. 108-424, tit. I, sec. 102: CONVEYANCE OF LINCOLN COUNTY LAND. | Justis AI