Galena Regional Recreational Development Act of 1991

Galena Regional Recreational Development Act of 1991 - Authorizes the Secretaries of Agriculture and of the Interior to acquire, through land exchanges, certain lands for recreational use in or adjacent to the Toiyabe National Forest, Nevada, comprising the proposed Galena Resort.

Requires the Secretary of Agriculture to form a negotiating committee to advise on the possible land exchanges that would best serve the public interest.

Directs the Secretary of the Interior to provide technical assistance to the Secretary of Agriculture, including identifying parcels that may be available for disposal and would be suitable to exchange for all or part of such property to be acquired.

Requires the Secretary of Agriculture to develop a plan to: (1) acquire the land comprising the proposed Galena Resort through eminent domain if, after one year of negotiations, the Secretary is unable to acquire such lands; and (2) ensure the highest and best recreational use of the lands.

 
S 476 IS
102d CONGRESS
1st Session
S. 476
To authorize the Secretary of Agriculture to acquire lands in the Toiyabe
National Forest through exchange or otherwise, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 22 (legislative day, FEBRUARY 6), 1991
Mr. BRYAN introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of Agriculture to acquire lands in the Toiyabe
National Forest through exchange or otherwise, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Galena Regional Recreational Development
  Act of 1991'.
SEC. 2. DEFINITION.
  For the purposes of this Act, the term `proposed Galena Resort' means the
  resort of approximately 3,727 acres that is being developed as of the date of
  enactment of this Act, comprising land in or adjacent to the Toiyabe National
  Forest and extending generally down along the Mount Rose Highway from near
  the summit for approximately 5 miles, including 633 acres of land in the
  Toiyabe National Forest that have been the subject of lease negotiations.
SEC. 3. FINDINGS.
  The Congress finds that--
  (1) the Galena/Mount Rose area is a uniquely valuable forested and wetland
  area adjacent to a designated wilderness area, Toiyabe National Forest
  Lands, and Lake Tahoe;
  (2) the proposed Galena Resort, if it were developed as planned, could
  adversely affect existing natural values and unduly burden the transportation
  capacity of the Mount Rose Highway; and
  (3) the Federal Government has extensive land ownership in the State of
  Nevada, much of which is suitable for orderly disposal and development
  and accordingly could be exchanged with the developer of the proposed
  Galena Resort.
SEC. 4. PURPOSE.
  The purpose of this Act is to authorize the Secretary of Agriculture and
  the Secretary of the Interior, in conjunction and consultation with the
  State of Nevada and affected local governments, to acquire for recreational
  use lands comprising the proposed Galena Resort through land exchanges of
  like value, donation, transfer between Federal agencies, or purchase with
  donated or appropriated funds.
SEC. 5. ACQUISITION OF LANDS.
  (a) COMMENCEMENT OF NEGOTIATIONS- Not later than 30 days after the date of
  enactment of this Act, the Secretary of Agriculture, in conjunction with
  the Secretary of the Interior, shall begin negotiations with the developer
  of the proposed Galena Resort to effect the transfer to the Secretary of
  Agriculture of lands and interests in land comprising the proposed Galena
  Resort, and if necessary, lands and interests in land adjacent thereto.
  (b) NEGOTIATING COMMITTEE- The Secretary of Agriculture shall form a
  negotiating committee comprised of a representative of the State of Nevada,
  appointed by the Governor, and one member appointed by each affected local
  government to advise the Secretary concerning possible land exchanges that
  would best serve the public interest.
  (c) PURCHASE PRICE- The purchase price of land and interests in land acquired
  by the Secretary of Agriculture shall not exceed its fair market value,
  as determined by independent appraisal.
  (d) TECHNICAL ASSISTANCE- The Secretary of the Interior shall provide to
  the Secretary of Agriculture any required technical assistance, including
  the identification of parcels that may be available for disposal and would
  be suitable to exchange for all or part of property to be acquired.
  (e) NON-FEDERAL CONTRIBUTIONS- The State of Nevada, affected local
  governments, and private donors may contribute property or funds for use
  by the Secretary of Agriculture as part of the negotiated acquisition on
  such terms as may be agreed upon.
  (f) FAILURE OF NEGOTIATIONS- If, after 1 year of negotiations, the Secretary
  of Agriculture is unable to acquire the lands comprising the proposed
  Galena Resort through negotiation and is convinced that all reasonable
  attempts to acquire the lands through negotiation have been exhausted, the
  Secretary shall, in consultation with the State of Nevada and affected local
  governments, develop a plan to acquire the lands through eminent domain.
SEC. 6. MANAGEMENT.
  (a) RECREATIONAL USE- After acquisition by the Secretary of Agriculture
  of the lands comprising the proposed Galena Resort, the Secretary of
  Agriculture, with full public participation and in conjunction with
  the State of Nevada, affected local governments, and the Tahoe Regional
  Planning Authority, shall develop a plan to ensure the highest and best
  recreational use of the lands.
  (b) TRANSFER OF PROPERTY--The plan described in subsection (a) may provide
  for the transfer of any part of the lands acquired by the Secretary of
  Agriculture to the State of Nevada or any affected local government,
  on appropriate terms, for recreational development and management.
  (c) ACCESS- The plan described in subsection (a) shall, to the extent
  practicable, provide for access and recreational use of the lands acquired
  by the Secretary of Agriculture, providing for interpretation and public
  education, appropriate public facilities, natural and cultural resource
  management, and wildlife management.