PUBLIC LAW 106–362—OCT. 27, 2000

IVANPAH VALLEY AIRPORT PUBLIC LANDS

TRANSFER ACT

114 STAT. 1404 PUBLIC LAW 106–362—OCT. 27, 2000

Public Law 106–362

106th Congress

An Act

To provide for the conveyance of certain Federal public lands in the Ivanpah

Valley, Nevada, to Clark County, Nevada, for the development of an airport

facility, 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 ‘‘Ivanpah Valley Airport Public

Lands Transfer Act’’.

SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.

(a) IN GENERAL.—Notwithstanding the land use planning

requirements contained in sections 202 and 203 of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1712 and

1713), but subject to subsection (b) of this section and valid existing

rights, the Secretary shall convey to the County all right, title,

and interest of the United States in and to the Federal public

lands identified for disposition on the map entitled ‘‘Ivanpah Valley,

Nevada-Airport Selections’’ numbered 01, and dated April 1999,

for the purpose of developing an airport facility and related infrastructure. The Secretary shall keep such map on file and available

for public inspection in the offices of the Director of the Bureau

of Land Management and in the district office of the Bureau located

in Las Vegas, Nevada.

(b) CONDITIONS.—The Secretary shall make no conveyance

under subsection (a) until each of the following conditions are

fulfilled:

(1) The County has conducted an airspace assessment,

using the airspace management plan required by section 4(a),

to identify any potential adverse effects on access to the Las

Vegas Basin under visual flight rules that would result from

the construction and operation of a commercial or primary

airport, or both, on the land to be conveyed.

(2) The Federal Aviation Administration has made a certification under section 4(b).

(3) The County has entered into an agreement with the

Secretary to retain ownership of Jean Airport, located at Jean,

Nevada, and to maintain and operate such airport for general

aviation purposes.

(c) PAYMENT.—

(1) IN GENERAL.—As consideration for the conveyance of

each parcel, the County shall pay to the United States an

amount equal to the fair market value of the parcel.

Ivanpah Valley

Airport Public

Lands Transfer

Act.

Oct. 27, 2000

[H.R. 1695]

PUBLIC LAW 106–362—OCT. 27, 2000 114 STAT. 1405

(2) DEPOSIT IN SPECIAL ACCOUNT.—(A) The Secretary shall

deposit the payments received under paragraph (1) into the

special account described in section 4(e)(1)(C) of the Southern

Nevada Public Land Management Act of 1998 (112 Stat. 2345).

Such funds may be expended only for the acquisition of private

inholdings in the Mojave National Preserve and for the protection and management of the petroglyph resources in Clark

County, Nevada. The second sentence of section 4(f ) of such

Act (112 Stat. 2346) shall not apply to interest earned on

amounts deposited under this paragraph.

(B) The Secretary may not expend funds pursuant to this

section until—

(i) the provisions of section 5 of this Act have been

completed; and

(ii) a final Record of Decision pursuant to the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

has been issued which permits development of an airport

at the Ivanpah site.

(d) REVERSION AND REENTRY.—If, following completion of

compliance with section 5 of this Act and in accordance with the

findings made by the actions taken in compliance with such section,

the Federal Aviation Administration and the County determine

that an airport should not be constructed on the conveyed lands—

(1) the Secretary of the Interior shall immediately refund

to the County all payments made to the United States for

such lands under subsection (c); and

(2) upon such payment—

(A) all right, title, and interest in the lands conveyed

to the County under this Act shall revert to the United

States; and

(B) the Secretary may reenter such lands.

SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.

The public lands referred to in section 2(a) are withdrawn

from mineral entry under the Act of May 10, 1872 (30 U.S.C.

22 et seq.; popularly known as the Mining Law of 1872) and

the Mineral Leasing Act (30 U.S.C. 181 et seq.).

SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.

(a) DEVELOPMENT OF AIRSPACE MANAGEMENT PLAN.—The Secretary of Transportation shall, in consultation with the Secretary,

prior to the conveyance of the land referred to in section 2(a),

develop an airspace management plan for the Ivanpah Valley Airport that shall, to the maximum extent practicable and without

adversely impacting safety considerations, restrict aircraft arrivals

and departures over the Mojave Desert Preserve in California.

(b) CERTIFICATION OF ASSESSMENT.—The Administrator of the

Federal Aviation Administration shall certify to the Secretary that

the assessment made by the County under section 2(b)(1) is thorough and that alternatives have been developed to address each

adverse effect identified in the assessment, including alternatives

that ensure access to the Las Vegas Basin under visual flight

rules at a level that is equal to or better than existing access.

114 STAT. 1406 PUBLIC LAW 106–362—OCT. 27, 2000

LEGISLATIVE HISTORY—H.R. 1695:

HOUSE REPORTS: No. 106–471 (Comm. on Resources).

SENATE REPORTS: No. 106–394 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 146 (2000): Mar. 9, considered and passed House.

Oct. 5, considered and passed Senate, amended.

Oct. 17, House concurred in Senate amendments.

Æ

SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT

OF 1969 REQUIRED.

Prior to construction of an airport facility on lands conveyed

under section 2, all actions required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect

to initial planning and construction shall be completed by the

Secretary of Transportation and the Secretary of the Interior as

joint lead agencies. Any actions conducted in accordance with this

section shall specifically address any impacts on the purposes for

which the Mojave National Preserve was created.

SEC. 6. DEFINITIONS.

In this Act—

(1) the term ‘‘County’’ means Clark County, Nevada; and

(2) the term ‘‘Secretary’’ means the Secretary of the

Interior.

Approved October 27, 2000.