PUBLIC LAW 109–432—DEC. 20, 2006
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to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from— (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under the mining laws; and (C) operation of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
VerDate 14-DEC-2004
09:16 Jul 13, 2007
Jkt 059194
PO 00003
Frm 00508
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.109
Certification.
Deadline.
APPS06
PsN: PUBL003
�
