[Senate Report 113-68]
[From the U.S. Government Publishing Office]
Calendar No. 122
113th Congress Report
SENATE
1st Session 113-68
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MULTISPECIES HABITAT CONSERVATION PLAN IMPLEMENTATION
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 757]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 757) to provide for the implementation of
the multispecies habitat conservation plan for the Virgin
River, Nevada, and Lincoln County, Nevada, to extend the
authority to purchase certain parcels of public land, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 757 is to amend Public Law 99-548 to
provide for the implementation of the multispecies habitat
conservation plan for the Virgin River in Nevada, and to extend
the authority to purchase certain parcels of public land in
Mesquite, Nevada.
Background and Need
The Mesquite Lands Act of 1986 (Public Law 99-548) has
provided the City of Mesquite, Nevada, the exclusive right to
purchase certain Federal land in eastern Clark County, Nevada,
under the jurisdiction of the Bureau of Land Management (BLM).
The rights include the option to purchase lands at fair market
value for a period of twelve years, which expired on November
21, 2011.
The City of Mesquite, located between Las Vegas and St.
George, Utah, was one of the fastest growing cities in the
country during the 1990s. Because it is mostly landlocked by
public lands, the 1986 legislation was amended to allow the
city to purchase additional lands for economic development. In
addition to identifying lands for sale, an amendment Public Law
107-282 provides that a portion of the proceeds from the sale
of certain parcels be deposited in an account established under
the Southern Nevada Public Land Management Act of 1998.
In addition to paying for the BLM's costs to convey land to
the City of Mesquite, the Act also provides that the funds be
made available ``for the development of a multispecies habitat
conservation plan for the Virgin River in Clark County, Nevada,
including any associated groundwater monitoring plan.'' This
included a mandate that the city participate in the development
of a Habitat Conservation and Recovery Plan and a Hydrologic
Monitoring and Mitigation Plan along the Virgin River.
The habitat conservation plan was established to provide a
mechanism for Federal and non-Federal entities to work
collaboratively to protect and conserve imperiled species in
the Lower Virgin River Basin. The hydrologic plan provides for
monitoring to assure the Virgin River is not adversely affected
by the extraction of groundwater for new development.
While the amendment language in Public Law 107-282 allowed
for the ``development'' of these plans, it inadvertently
omitted ``implementation'' of these plans. Other land acts,
such as Southern Nevada Public Lands Management Act and the
Lincoln and White Pine County Lands Acts, clearly state that
funds shall be expended on both development and implementation
of multi-species habitat conservation plans that are associated
with new development in their respective areas.
As the authority for the city to purchase further lands and
access the funds expired on November 21, 2011, legislation is
needed to implement both the habitat conservation and
hydrologic monitor plans. It is also necessary to give more
time for the Federal Aviation Administration (FAA) to complete
its ongoing evaluation for a replacement airport under lands
authorized in a 1999 amendment (Public Law 106-133).
Legislative History
S. 757 was introduced by Senator Heller on April 16, 2013.
A hearing was held on S. 757 by the Subcommittee on Public
Lands, Forests and Mining on April 25, 2013. At its business
meeting on May 16, 2013 the Committee ordered the bill
favorably reported without amendment.
In the 112th Congress, similar legislation was introduced
by Senator Heller, S. 1473. The Subcommittee on Public Lands
and Forests held a hearing on S. 1473 on March 22, 2012 (S.
Hrg. 112-642). Also in the 112th Congress, similar legislation,
H.R. 2745, was introduced by Rep. Joseph Heck. H.R. 2745 was
reported favorably, with amendments, by the House Natural
Resources Committee on February 29, 2012.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 757.
Section-by-Section Analysis
Section 1 provides the short title, ``Multispecies Habitat
Conservation Plan Implementation Act''.
Section 2(a) inserts language authorizing the Secretary of
the Interior to use funds for the implementation of a
multispecies habitat conservation plan for the Virgin River in
Clark County Nevada under section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2345).
Previous language only authorized the Secretary to use funds
for development purposes.
Subsection (b) inserts language authorizing the Secretary
of the Interior to use funds for the implementation of a
multispecies habitat conservation plan for Lincoln County,
Nevada. Previous language only authorized the Secretary to use
funds for development purposes.
Section 3(1) strikes sunset provisions in paragraphs (1),
(3), and (5) and extends them to November 29, 2021.
Paragraph (2) strikes the twelve year sunset provision and
extends it to November 29, 2021.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 757--Multispecies Habitat Conservation Plan Implementation Act
S. 757 would give the city of Mesquite, Nevada, the
exclusive right to purchase certain federal lands administered
by the Bureau of Land Management (BLM). The bill also would
authorize BLM and the U.S. Fish and Wildlife Service (USFWS) to
spend proceeds from those sales on specified activities. Based
on information provided by the affected agencies, CBO estimates
that implementing S. 757 would increase direct spending by $3
million in 2022; therefore, pay-as-you-go procedures apply.
Enacting S. 757 would not affect revenues.
Based on information from BLM and the city of Mesquite, CBO
expects that, under current law, the affected lands would be
sold under the Federal Land Policy and Management Act (FLPMA).
CBO estimates that proceeds from those sales would total about
$3 million in 2022. Under FLPMA, 96 percent of all proceeds
from land sales are deposited in the U.S. Treasury. Because S.
757 would authorize BLM and USFWS to spend those proceeds,
without further appropriation, to implement plans to conserve
multispecies habitat in Nevada and to carry out certain other
activities, CBO estimates that implementing the bill would
increase direct spending.
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. S. 757 would increase direct
spending; therefore, pay-as-you-go procedures apply. The net
budgetary changes that are subject to pay-as-you-go procedures
are shown in the following table.
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 757, THE MULTISPECIES HABITAT CONSERVATION PLAN IMPLEMENTATION ACT, AS ORDERED REPORTED BY
THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
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By fiscal year, in millions of dollars--
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2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 0 0 0 0 0 0 0 3 0 0 3
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S. 757 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 757.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 757, as ordered reported.
Congressionally Directed Spending
S. 757, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the Bureau of Land Management at
the April 25, 2013, Subcommittee on Public Lands, Forests, and
Mining hearing on S. 757 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the opportunity to present the views of the
Department of the Interior on S. 757, which amends the Mesquite
Lands Act of 1986 in order to renew and extend certain
authorizations which had expired in late 2011. The BLM supports
the goals of S. 757 to provide for the economic development
needs of Mesquite, Nevada, and for the implementation of
habitat conservation plans in Clark County and in Lincoln
County, Nevada. The BLM notes that existing authorities, such
as sales under the Federal Land Policy Management Act (FLPMA),
allow BLM to achieve similar purposes through the development
of Resource Management Plans and include opportunities for
public comment.
background
The Mesquite Lands Act of 1986 (P.L. 99-548) afforded the
City of Mesquite in eastern Clark County, Nevada, the exclusive
right to purchase certain parcels of public land, at fair
market value, for a period of years. In a series of amendments
over the last 17 years, the Mesquite Lands Act was amended to
add additional parcels, authorize funding to develop a habitat
conservation plan for the Virgin River, and to direct a
conveyance to the City. The authorizations under the Mesquite
Lands Act expired in late 2011. The Lincoln County Land Act of
2000 (P.L. 106-298) similarly authorized the use of certain
funds for development of a habitat conservation plan in Lincoln
County. While the City of Mesquite acquired approximately 7,700
acres of public lands under the Mesquite Lands Act, as amended,
it was not able to complete all of the acquisitions it sought
in the prescribed time period.
s. 757
S. 757 extends certain authorizations in the Mesquite Lands
Act, as amended, for an additional ten years to November 29,
2021. The bill also allows for the use of certain funds for the
implementation (in addition to the development) of habitat
conservation plans for the Virgin River in Clark County as well
as for a habitat conservation plan in Lincoln County. It also
extends the withdrawal of the lands from all forms of location,
entry and appropriation under the public land laws, including
mining laws, and from operation of mineral leasing and
geothermal leasing laws, subject to valid existing rights.
The BLM supports S. 757 and its goal of providing for the
long-term economic development needs of the City. It would
allow more time to complete the environmental reviews (and to
develop possible mitigation of impacts) of proposed land uses
on the parcels. The U.S. Fish and Wildlife Service has been
working cooperatively with the BLM in the development of the
habitat conservation plan for the Virgin River. The additional
authorizations in S. 757 to implement habitat conservation
plans will enhance the Department's habitat protection efforts
in Clark County and in Lincoln County, Nevada.
conclusion
Thank you for the opportunity to present testimony on S.
757. I will be glad to answer any questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 757, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
PUBLIC LAW 99-548, as amended
AN ACT To transfer certain real property to the City of Mesquite,
Nevada
* * * * * * *
SEC. 3. NOTIFICATION AND SALE PERIODS.
* * * * * * *
(d) Fourth Area.--(1) No later than ten years after the
date of enactment of this Act, the City of Mesquite shall
notify the Secretary as to which if any of the public lands
identified in paragraph (2) of this subsection the city wishes
to purchase.
* * * * * * *
(3) Use of Proceeds.--The proceeds of the sale of each parcel
completed after the date of enactment of this subsection shall
be deposited in the special account established under section
4(e)(1)(C) of the Southern Nevada Public Land Management Act of
1998 (112 Stat. 2345); and shall be available for use by the
Secretary--
(A) to reimburse costs incurred by the local offices
of the Bureau of Land Management in arranging the land
conveyances directed by this section;
(B) for the development and implementation of a
multispecies habitat conservation plan for the Virgin
River in Clark County, Nevada, including any associated
groundwater monitoring plan; and
(C) as provided in section 4(e)(3) of that Act (112
Stat. 2346).
(4) Timing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall complete the
sale of any parcel authorized to be conveyed pursuant to this
section and for which the Secretary has received notification
from the city under paragraph (1).
(e) Fifth Area.--
(1) Right to purchase.--
(A) In general.--[For a period of 12 years
after the date of the enactment of this Act]
Until November 29, 2021, the City of Mesquite,
Nevada, subject to all appropriate
environmental reviews, including compliance
with the National Environmental Policy Act and
the Endangered Species Act, shall have the
exclusive right to purchase the parcels of
public land described in paragraph (2).
(B) Applicability.--Subparagraph (A) shall
apply to a parcel of land described in
paragraph (2) that has not been identified for
disposal in the 1998 Bureau of Land Management
Las Vegas Resource Management Plan only if the
conveyance is made under subsection (f).
(2) Land description.--The parcels of public land
referred to in paragraph (1) are as follows:
* * * * * * *
(3) Notification.--[Not later than 10 years after the
date of the enactment of this subsection] Not later
than November 29, 2021, the city shall notify the
Secretary which of the parcels of public land described
in paragraph (2) the city intends to purchase.
(4) Conveyance.--Not later than 1 year after
receiving notification from the city under paragraph
(3), the Secretary shall convey to the city the land
selected for purchase.
(5) Withdrawal.--Subject to valid existing rights,
until [the date that is 12 years after the date of the
enactment of this subsection] November 29, 2021, the
parcels of public land described in paragraph (2) are
withdrawn from all forms of entry and appropriation
under the public land laws, including the mining laws,
and from operation of the mineral leasing and
geothermal leasing laws.
* * * * * * *
(f) Sixth Area.--
* * * * * * *
(3) Withdrawal.--Subject to valid existing rights,
until [the date that is 12 years after the date of the
enactment of this subsection] November 29, 2021, the
parcels of public land described in paragraph (2) are
withdrawn from all forms of entry and appropriation
under the public land laws, including the mining laws,
and from operation of the mineral leasing and
geothermal laws.
* * * * * * *
LINCOLN COUNTY LAND ACT OF 2000
Public Law 106-298
AN ACT To direct the Secretary of the Interior to sell certain public
land in Lincoln County through a competitive process.
* * * * * * *
SEC. 5. DISPOSITION OF PROCEEDS.
* * * * * * *
(b) Availability of Special Account.--
(1) In general.--Amounts in the special account
(including amounts earned as interest under paragraph
(3)) shall be available to the Secretary of the
Interior, without further Act of appropriation, and
shall remain available until expended, for--
(A) inventory, evaluation, protection, and
management of unique archaeological resources
(as defined in section 3 of the Archaeological
Resources Protection Act of 1979 (16 U.S.C.
470bb)) in the County;
(B) development and implementation of a
multispecies habitat conservation plan in the
County;
* * * * * * *