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Ely News - WP lands bill PDF Print E-mail

Ely News

August 2006 

Ensign, Reid introduce White Pine lands bill

By Steve Tetreault
Stephens Washington Bureau

WASHINGTON -- Nevada senators have formed a new bill that reshapes the federal government's land holdings in White Pine County, declaring a half million acres of protected wilderness while freeing other land for development and multiple uses.

The bill, introduced late Tuesday by Sens. John Ensign, R-Nev., and Harry Reid, D-Nev., is patterned after successful land management bills that Congress approved in recent years for Clark County and Lincoln County.

The broad measure would declare 13 new wilderness areas in White Pine County, while expanding two other protected areas set aside in 1989. It would shield certain lands adjacent to Great Basin National Park from most uses, add property to two state parks, convey 1,500 acres for expansion of the Ely airport, and enlarge the county's industrial park.

At the same time, the measure would make up to 45,000 acres of land in White Pine County available for controlled development through auction by the Bureau of Land Management, while removing 68,000 acres from wilderness study and made available for multiple uses.

Profits from the land auctions would be divided, with 5 percent going to the Nevada education fund, 10 percent for White Pine law enforcement, fire protection and transportation planning, and 85 percent for further wilderness protection in the county.

"There were several things we wanted to do to help White Pine County with economic opportunity and economic development as well as protecting their natural resources," Ensign said Wednesday.

"We have worked hard to ensure that this bill gives the people of White Pine County a greater voice in local growth, recreation and conservation issues," Reid said in a statement.

The bill also establishes a Great Basin National Heritage Route, a federal designation long sought by business interests in Eastern Nevada and Western Utah to promote tourist attractions in the region.

While the bill focuses on White Pine County, Ensign and Reid used it as a vehicle for changes in the Southern Nevada Public Land Management Act, which controls federal land disposal in Clark County and how profits from land auctions are spent.

The new bill encourages developers to build affordable homes in the Las Vegas Valley, including at least 5 percent of the units built on large parcels they acquire from the federal government.

It also expands how profits can be spent. The sales have brought in $2.7 billion since 1998.

The new bill would expand a popular "cash for grass" water conservation program that offers rebates to homeowners who rip up turf and install desert landscaping. It would offer similar rebates to schools and managers of public buildings.

Money also would be made available for state parks in Clark County and for the BLM to clear off impromptu "dumpsites" on federal land so it can be prepared for sale. Fire prevention planning for the Spring Mountains and at Lake Tahoe also would be eligible for money.

Also, Southern Nevada governments cooperating to build a $751 million wastewater plant and pipeline system would be allowed to apply for a share of the profits.

"These are things I have wanted to do for a few years," said Ensign who co-authored the 1998 law with then-Sen. Richard Bryan, D-Nev. "The biggest help is going to be in Clark County."

Gov. Kenny Guinn said he was hoping for quick passage because the bill would free up federal land for wilderness designation in White Pine County, expand state parks and allow more working families to be eligible for decent housing in Clark County.

The Senate is expected to hold a hearing on the bill in September. Ensign said there is a chance it could pass later this year if Congress holds a post-election lame duck session.

Clark County officials praised the bill for blazing a trail that will lead to affordable housing for teachers, emergency personnel and other "work force" residents at risk of being priced out of the valley.

The bill allows the BLM to sell excess land at below-market prices to developers who promise to build affordable housing for people who earn up to 120 percent of median income, which county officials said calculates to $68,480.

Current law says developers who want a price break must build units that are affordable to families earning 80 percent of median income, or $46,560. But Ensign and others said Wednesday that has not worked.

A second provision would require at least 5 percent of housing units be devoted to affordable housing if the sale involves more than 200 acres.

"Certainly the thrust here is to include affordability in BLM land sales," said Douglas Bell, manager of Clark County's community resources, said.

White Pine County land uses were being negotiated as far back as five years ago, according to participants in the discussions. Ranchers, land managers, conservationists, tribal members and elected officials contributed, Reid said.

Environmental advocates on Wednesday applauded the bill, which designates 545,000 acres for wilderness status. They said they were particularly satisfied that 122,123 acres of the Schell Creek Range east of Ely was to be protected as well as 70,000 acres of the Highland Ridge south of the Great Basin National Park.

But they said they were disappointed that several key areas were not included, like portions of the South Egan Range in the southern part of the county, and the Blue Mass Mountains and Kern Mountains near the Utah border about 85 miles northeast of Ely.

"This definitely is a great step forward for wilderness protection in Eastern Nevada," said John Wallin, director of the Nevada Wilderness Project. "A lot of really important areas are getting the protection they deserve. But we have some concern about areas left out or not adequately protected."

Wallin said conservation groups plan to lobby to get those areas written into the bill in Congress.

"This is a complex public lands bill with a number of compromises, many that are good and some we hope to see improved," said Roger Scholl, of Friends of Nevada Wilderness.

Scholl also said the amount of land for disposal in White Pine County appeared excessive. He said conservationists would have preferred less than 30,000 acres, closer to what a resource management plan had proposed.

In addition to declaring 13 new wilderness areas, the bill would expand the Mount Moriah and Currant Mountain wilderness areas originally designated in 1989.

The bill also transfers about 645 acres from the BLM to the Ruby Lake National Wildlife Refuge. It also conveys 650 acres to expand the Charcoal Ovens State Park , 6,200 acres to enlarge the Steptoe Valley Wildlife Management area, and an undetermined amount of land to add to Cave Lake State Park.

The Ely airport would be given 1,500 acres for expansion.

The Eastern Nevada Landscape Coalition and the Great Basin Institute would be eligible for funding to carry out watershed projects that reduce the risk of fire.

Keith Rogers of the Las Vegas Review-Journal contributed to this story

WPC Public Lands Bill at a glance

S. 3772 - White Pine County Conservation, Recreation, and Development Act of 2006 -- Senators Ensign and Reid

Title I: This title expands economic opportunity in White Pine County by allowing up to 45,000 acres of Bureau of Land Management (BLM) lands to be made available for disposal through a joint selection process between the county and the BLM. A small portion of this total acreage will be available for sale each year, providing a long term opportunity for managed growth. Currently more than 94% of the land in White Pine County is managed by federal agencies, including more than 4,300,000 acres managed by the BLM.

The bill distributes 5% of land sales proceeds to the state education fund; 10% to White Pine County law enforcement, fire protection, transportation and natural resource planning; and 85% to fund protection of wilderness areas in White Pine County, to support a three-year study for a potential extension of the Silver State OHV trail, to inventory and protect unique archeological resources, and to carry out other provisions of the bill.

Title II: The bill resolves wilderness study areas throughout White Pine County by designating roughly 545,000 acres of wilderness in 13 new areas. Additionally, more than 68,000 acres of Bureau of Land Management are released from wilderness study designation. Important adjustments are also made to the Mt. Moriah and Currant Mountain wilderness areas originally designated in 1989.

Title III: This title makes two important transfers of land between federal agencies that will improve public land management in White Pine County. It transfers about 645 acres from the Bureau of Land Management to the Fish and Wildlife Service in the Ruby Lake National Wildlife Refuge and about 117,000 acres of land surrounding the Great Basin National Park from the Forest Service to the Bureau of Land Management, of which approximately 70,000 will be designated wilderness and roughly 47,000 will be withdrawn from land disposal and mineral laws to further protect the area and ensure popular hunting areas remain open and accessible.

Title IV: The bill conveys land for two existing state parks and one state wildlife management area to expand and improve the management of these areas. The Charcoal Ovens State Park will receive about 650 acres of Bureau of Land Management land they currently manage as part of the park; Cave Lake State Park will receive a conveyance of land, although the exact boundaries have not been finalized; and Steptoe Valley Wildlife Management area will receive approximately 6,200 acres to expand this popular waterfowl and wetlands area. The bill also conveys two small parcels of land for the expansion of the airport and industrial park to support future economic development in White Pine County.

Title V: This title authorizes a 3-year study for the possible extension of the Silver State Off-Highway Vehicle Trail into White Pine County. It authorizes a route designation only if the Secretary determines that such a trail would not significantly impact wildlife habitat, natural or cultural resources.

Title VI: Currently the Ely Shoshone Tribe holds 100 acres in two separate parcels within the city limits of Ely. This title transfers approximately 3,500 acres in four separate parcels to be held in trust for the Tribe. The largest parcel and majority of the land is designated for traditional and ceremonial uses only while the other parcels are for residential and commercial development, allowing the Ely Shoshone Tribe to be a partner in the growth and economic development of White Pine County.

Title VI: The threat of catastrophic fire and the loss of habitat for key species is a critical issue in eastern Nevada and the larger Great Basin area. This bill provides funding through the Southern Nevada Public Lands Management Act for federal agencies, in cooperation with the Eastern Nevada Landscape Coalition and the Great Basin Institute, to carryout landscape-scale restoration projects that reduce the risk of fire and improve critical watersheds.

Title VII: This title significantly amends the Southern Nevada Public Land Management Act of 1998 (SNPLMA) to improve the effectiveness of the Act, while proposing new conservation-oriented expenditure categories from the Special Account.

Specifically, for SNPLMA Special Account expenditure categories, the bill provides new authority for (1) the expansion of the Southern Nevada Water Authority's water saving "Cash for Grass" program to public entities for permanent turf removal; (2) the implementation of the Clark County Multi-Species Habitat Conservation Plan, as was intended by the authors of SNPLMA; (3) the Clean Water Coalition's Lake Mead and Las Vegas Wash water quality pipeline project; (4) two comprehensive, ten-year hazardous fuels and fire prevention plans for the Spring Mountains and the Lake Tahoe Basin (including adjacent areas in Nevada along the Carson Range); (5) Nevada State Parks in Clark County to access parks and trails funding from the Special Account; (6) the Bureau of Land Management to clear and protect public lands in the Las Vegas Valley, alleviating problems with dumping; and (7) authority for Washoe County to access parks and trails funds from the Special Account to purchase available Ballardini Ranch lands for use as a passive park and natural area.

For SNPLMA improvements, the bill streamlines SNPLMA's existing provisions so that the BLM can sell federal land in Nevada below market price if the land is used for affordable housing for people earning up to 120 percent of the median income, which will benefit more working families in Nevada. The bill also requires local governments to create rules which ensure that, for future BLM land auctions in southern Nevada exceeding 200 acres, at least five percent of the units constructed on the acreage will be set aside for affordable housing. The bill also speeds the progress of local governments' parks and trails projects by replacing a cumbersome reimbursement system, which constrains the financial ability of local governments to finance projects, with a requirement that local governments be paid up front.

Title VIII: The final title of this bill establishes the Great Basin National Heritage Route. Legislation designating this National Heritage Route has previously passed both the Senate and the House, but has not reached President for final approval. Designation of the corridor in this bill will ensure protection of key educational and recreational opportunities in White Pine County and the Great Basin.
 
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