Bills to convey federal lands to cities see new life

Reno Gazette Journal
By Keith Trout
July 30, 2014

A reintroduced Lyon County Economic Development and Conservation Act in both houses is positive news in Yerington, including a committee hearing and markup scheduled for today.

Representatives Mark Amodei (NV Rep.-Dist. 2) and Steven Horsford (NV Dem-Dist. 4) co-sponsored H.R. 5205, an omnibus bill called the Northern Nevada Land Conservation and Economic Development Act, which contains a Title 2 that includes the Lyon County Economic Development and Conservation Act. It was introduced last Friday. That title would allow the city of Yerington to partner with Nevada Copper to acquire at fair market value approximately 12,500 acres of federal lands, which would be annexed into the city.

That bill also includes a Title 4, the Fe

rnley Economic Self-Determination Act, which would transfer certain federal lands to the city of Fernley. The bill, which previously passed the full House as part of a package of public lands legislation (H.R. 2954; originally H.R. 1170), would give Fernley the opportunity to purchase up to 9,114 acres of Bureau of Land Mangement and Bureau of Reclamation lands within the city boundary at fair market value for the purpose of multi-use development.

Bill H.R. 5205 is scheduled for markup along with several other bills before the full committee of the House Committee on Natural Resources — a committee Amodei and Horsford once sat on but no longer do — during a Wednesday session scheduled for 7 a.m. local time. Horsford indicated although he and Amodei are no longer members of this committee, they have been invited to sit in on this committee session.

In addition, Sen. Dean Heller last week introduced five amendments to S. 2569, the Bring Jobs Home Act bill, with one of those being identical language to Title 2 of H.R. 5205. A cloture motion on the measure, introduced July 8 by Sen. John E. Walsh, D-MT, was presented in the Senate Monday.

Heller spoke on the Senate floor last Thursday in support of those amendments, which are designed to help facilitate job growth in Nevada while cutting bureaucratic red tape and improving processes on federal lands across the county, according to a statement from his Senate office.

The short title of H.R. 5205 is "to authorize certain land conveyances involving public lands in northern Nevada to promote economic development and conservation and for other purposes." The first title in this act is the Pine Forest Range Recreation Enhancement Act, one Amodei has been trying to pass for several years.

According to information from Tim Dyhr, vice president of environment and external relations with Nevada Copper, the language of Title II of H.R. 5205 is the same as H.R. 696, the original version of the Lyon County bill (the same as S. 159), and Title II of H.R. 433, the previous version of the Northern Nevada Land Conservation and Economic Development Act.

H.R. 696 was introduced in February 2013 during the 2013th Congress, but it didn't get past the subcommittee hearing stage, while H.R. 433 was introduced by Horsford in January 2014.

During Monday's Yerington City Council meeting, city manager Dan Newell and Mayor George Dini seemed to feel speaking of the Yerington-based bill specifically would jinx it, so they didn't mention it by name, with Newell simply pointing toward the Nevada Copper mining area southeast of Yerington.

H.R. 5205 is scheduled to be moved to the suspension calendar in the House so that it would move quicker through the House, after Amodei and Horsford have been working with the committee leadership, chairman Doc Hastings (R-Wash.) and ranking Democrat Peter DeFazio (D-Ore.), and it should have bipartisan support with this version.

"Considering more than 85 percent of Nevada's land is federally-owned, more needs to be done to help Nevadans access the resources in our own backyards and to help communities develop and grow," Heller said. "Many of Nevada's rural counties continue to struggle. Congress should take action now on these common-sense solutions that will help unleash jobs and make a real difference for Nevadans."

Dyhr indicated H.R. 433 was marked up by the same committee with amendments on Jan. 28, but there were objections to amendments by the Democratic minority, none of which had to do with the Lyon County bill portion but rather to Title I, the Pine Forest act. He said this new version removes those objections and information he has received is that it is set up for expedited passage on the suspension calendar, which is the path of least resistance.

He said that the House returns on Sept. 8 and it is expected to take up a number of non-controversial bills such as this on the suspension calendar upon that removal, with passage to follow, he hopes.

Other titles of the new H.R. 5205 include the Carlin Economic Self-Determination Act (Title III), the Restoring Storey County Act (Title IV), the Elko Motocross and Tribal Conveyance Act (Title V) and the Naval Air Station Fallon Housing and Safety Development Act (Title VI).

Title II of H.R. 5205 and Heller's proposed amendment to S. 2569 would allow the City of Yerington to partner with Nevada Copper, which is providing the cash funding for the acquisition, to develop approximately 12,500 acres of land surrounding the Pumpkin Hollow copper mine project site, with that project expected to create more than 1,000 jobs.

It also includes creation of the "Wovoka Wilderness," which would designate more than 47,000 acres in southern Lyon County as wilderness, with safeguards to preserve livestock grazing, fire management efforts, water rights and overflights. This land is now designated Forest Service "roadless area," so the wilderness would effectively represent no or little change to management of the land.

The previous bill had passed the Senate Energy and Natural Resources Committee on Sept. 12, 2013.

In last week's remarks, Heller noted the disappointment of his constituents over the congressional gridlock that has held up this legislation. He said the property acquired would be used for mining activities, industrial and renewable energy development, recreation and open space uses.

He said that the intent of this portion of his amendments is economic growth, saying "enactment of this legislation is the last obstacle in the way of the company (Nevada Copper) moving forward in creation of over 1,000 jobs. For a rural county like Lyon County, 1,000 jobs truly is a game changer."

Heller has noted S. 159, the Lyon County Economic Development and Conservation Act, was considered and reported favorably back on June 18, 2013, by the Senate Energy and Natural Resources Committee without one vote of dissent, and much support expressed, yet it hasn't progressed.

He has said he first began working with Yerington, Nevada Copper and Lyon County on development plans for Nevada Copper and after discussions the concept of transferring federal lands to the City was developed. A similar bill (not yet including the wilderness area) was first introduced in both Houses back in the 2012th Congress.

Dyhr said the Nevada delegation has worked hard on these bills. He wrote via email of this latest action, "Though this is encouraging news, and we are all weary of Congressional process and maneuvering, we believe it is important to keep the public pressure up to pass this bill. Each of these communities affected by this bill should join the pass bills campaign."

He indicated that supporters should urge elected officials and local leaders to support this campaign through www.passbillscreatejobs.com; via Facebook at facebook.com/passbillscreatejobs; and on Twitter at twitter.com/passbills_4jobs.