Pub. L. 109-432, div. C, tit. III, subtit. A, sec. 311
CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.
SEC. 311. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.(a) 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, in cooperation with the County, in accordance with that Act, this subtitle, and other applicable law and subject to valid existing rights, shall, at such time as the parcels of Federal land become available for disposal, conduct sales of the parcels of Federal land described in subsection (b) to qualified bidders.(b) Description of Land.—The parcels of Federal land referred to in subsection (a) consist of not more than 45,000 acres of Bureau of Land Management land in the County that—(1) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (h); and(2) is identified for disposal by the Bureau of Land Management through—(A) the Ely Resource Management Plan; or(B) a subsequent amendment to the management plan that is undertaken with full public involvement.(c) Availability.—The map and any legal descriptions of the Federal land conveyed under this section shall be on file and available for public inspection in—(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; and(3) the Ely Field Office of the Bureau of Land Management.120 STAT. 3029(d) Joint Selection Required.—The Secretary and the County shall jointly select which parcels of Federal land described in subsection (b) to offer for sale under subsection (a).(e) Compliance With Local Planning and Zoning Laws.—Before a sale of Federal 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; and(2) any master plan for the area approved by the County.(f) Method of Sale; Consideration.—The sale of Federal land under subsection (a) shall be—(1) consistent with subsections (d) and (f) of section 203 of the Federal Land Management Policy Act of 1976 (43 U.S.C. 1713);(2) unless otherwise determined by the Secretary, through a competitive bidding process; and(3) for not less than fair market value.(g) Recreation and Public Purposes Act Conveyances.—(1) In general.—Not later than 30 days before land is offered for sale under subsection (a), the State or County may elect to obtain any of the land for local public purposes in accordance with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).(2) Retention.—Pursuant to an election made under paragraph (1), the Secretary shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).(h) Withdrawal.—(1) In general.—Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from—(A) all forms of entry and appropriation under the public land laws and mining laws;(B) location and patent under the mining laws; and(C) operation of the mineral laws, geothermal leasing laws, and mineral material laws.(2) Exception.—Paragraph (1)(A) shall not apply to sales made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).(i) Deadline for Sale.—(1) In general.—Except as provided in paragraph (2), not later than 1 year after the date of the signing of the record of decision authorizing the implementation of the Ely Resource Management Plan and annually thereafter until the Federal land described in subsection (b) is disposed of or the County requests a postponement under paragraph (2), the Secretary shall offer for sale the Federal land described in subsection (b).(2) Postponement; exclusion from sale.—(A) Request by county for postponement or exclusion.—At the request of the County, the Secretary shall 120 STAT. 3030 postpone or exclude from the sale all or a portion of the land described in subsection (b).(B) Indefinite postponement.—Unless specifically requested by the County, a postponement under subparagraph (A) shall not be indefinite.