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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3127

   To provide for the orderly disposal of Federal lands in Southern 
 Nevada, and for the acquisition of certain environmentally sensitive 
                lands in Nevada, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

  Mr. Ensign introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
   To provide for the orderly disposal of Federal lands in Southern 
 Nevada, and for the acquisition of certain environmentally sensitive 
                lands in Nevada, 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 ``Southern Nevada Public Land 
Management Act of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Bureau of Land Management has extensive land 
        ownership in small and large parcels interspersed with or 
        adjacent to private land in the Las Vegas valley, Nevada, 
        making many of these parcels difficult to manage and more 
        appropriate for disposal.
            (2) The ad hoc disposal of Federal land by the Bureau of 
        Land Management has significantly contributed to growth in the 
        Las Vegas valley, imposing substantial costs on local 
        government.
            (3) In order to promote responsible and orderly development 
        in the Las Vegas valley, certain of those Federal lands should 
        be sold by the Federal Government based on recommendations made 
        by local government and the public.
            (4) The value of Federal lands in the Las Vegas valley is 
        enhanced by local infrastructure improvements which are paid 
        for by local government.
            (5) The Las Vegas metropolitan area is the fastest growing 
        urban area in the United States, which is causing significant 
        impacts upon the Lake Mead National Recreation Area, the Red 
        Rock Canyon National Conservation Area, and the Spring 
        Mountains National Recreation Area, which surround the Las 
        Vegas valley.
    (b) Purpose.--The purpose of this Act is to provide for the orderly 
disposal of certain Federal lands in Clark County, Nevada, and to 
provide for the acquisition of environmentally sensitive lands in the 
State of Nevada.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Secretaries'' means the Secretary of the 
        Interior and the Secretary of Agriculture.
            (3) The term ``unit of local government'' means Clark 
        County, the City of Las Vegas, the City of North Las Vegas, or 
        the City of Henderson; all in the State of Nevada.
            (4) The term ``Agreement'' means the agreement entitled 
        ``The Interim Cooperative Management Agreement Between The 
        United States Department of the Interior--Bureau of Land 
        Management and Clark County'', dated November 4, 1992.
            (5) The term ``special account'' means the account in the 
        Treasury of the United States established under section 
        4(e)(1)(D).

SEC. 4. DISPOSAL.

    (a) Disposal.--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. 1711 and 1712), the Secretary, in 
accordance with this Act, shall by sale or exchange dispose of Federal 
lands within the boundary of the area under the jurisdiction of the 
Director of the Bureau of Land Management in Clark County, Nevada, 
generally depicted on the map entitled ``Las Vegas Valley, Nevada, Land 
Disposal Map'', numbered ____, and dated ____. Such map shall be on 
file and available for public inspection in the offices of the Director 
and the Las Vegas District of the Bureau of Land Management.
    (b) Reservation for Local Public Purposes.--
            (1) Election and conveyance to local governments.--Not less 
        than 90 days before the issuance of a patent to lands pursuant 
        to subsection (a), the unit of local government in whose 
        jurisdiction the lands are located may elect to obtain, without 
        consideration, up to 12 percent of the lands for local public 
        purposes. Pursuant to any such election, the Secretary shall 
        convey the elected lands to such unit of local government.
            (2) Reverter.--Except as provided by paragraph (3), if 
        lands acquired by a unit of local government under paragraph 
        (1) are disposed of by that unit or otherwise cease to be used 
        for local public purposes, such lands shall revert to the 
        United States. Lands revested in the United States under this 
        paragraph shall be offered for disposal in accordance with this 
        Act.
            (3) Exception for exchanges.--Lands acquired by a unit of 
        local government under paragraph (1) may be exchanged for 
        private lands pursuant to section 7.
    (c) Withdrawal.--Subject to valid existing rights, all Federal 
lands identified in subsection (a) for disposal are withdrawn from 
location, entry, and patent under the mining laws and from operation 
under the mineral leasing and geothermal leasing laws.
    (d) Selection.--
            (1) Joint selection required.--The Secretary and the unit 
        of local government in whose jurisdiction lands referred to in 
        subsection (a) are located shall jointly select lands to be 
        offered for sale or exchange under this section. If agreement 
        cannot be reached on joint selection with respect to a parcel 
        of land, the parcel may not be offered for sale or exchange 
        under subsection (a).
            (2) Offering.--After land has been selected in accordance 
        with this subsection, the Secretary shall make the first 
        offering of land as soon as practicable after the date of 
        enactment of this Act.
    (e) Disposition of Proceeds.--
            (1) Land sales.--Of the gross proceeds of sales of land 
        under this section in a fiscal year:
                    (A) 5 percent shall be paid directly to the State 
                of Nevada for use in the general education program of 
                the State.
                    (B) 25 percent shall be paid directly to the 
                Southern Nevada Water Authority for water treatment and 
                transmission facility infrastructure in Clark County, 
                Nevada.
                    (C) 20 percent shall be paid directly to Clark 
                County, Nevada, for development of parks and trails and 
                for public recreation purposes within the Las Vegas 
                valley after the adoption of an interlocal agreement 
                among Clark County, the City of Las Vegas, the City of 
                North Las Vegas, and the City of Henderson.
                    (D) The remainder shall be deposited in a special 
                account in the Treasury of the United States for use 
                pursuant to the provisions of paragraphs (2) and (3). 
Amounts in the special account shall be available to the Secretaries 
without further appropriation and shall remain available until 
expended.
            (2) Land exchanges.--In the case of a land exchange under 
        this section (other than a land exchange pursuant to subsection 
        (b)(3)), the Secretary shall provide direct payments pursuant 
        to paragraphs (1)(A), (B), and (C) from any cash equalization 
        payment made to the Secretary pursuant to the exchange 
        agreement and from the special account. The payments shall be 
        based on the appraised fair market value of the Federal lands 
        to be conveyed in the exchange.
            (3) Availability of special account.--
                    (A) In general.--In addition to payments under 
                paragraph (2), amounts deposited in the special account 
                may be expended by the Secretaries, acting jointly, 
                for--
                            (i) the acquisition of environmentally 
                        sensitive land in the State of Nevada in 
                        accordance with section 5, with priority given 
                        to lands located within Clark County;
                            (ii) infrastructure needs associated with 
                        recreation and resource protection programs at 
                        the Lake Mead National Recreation Area, the Red 
                        Rock Canyon National Conservation Area and 
                        other areas administered by the Bureau of Land 
                        Management in Clark County, and the Spring 
                        Mountains National Recreation Area in the State 
                        of Nevada; and
                            (iii) development of a multi-species 
                        habitat conservation plan in Clark County, 
                        Nevada.
                    (B) Procedures.--The Secretaries shall jointly 
                develop procedures for the use of the special account 
                that ensure accountability and demonstrated results.
                    (C) Limitation.--Not more than 50 percent of the 
                amounts available to the Secretaries from the special 
                account in any fiscal year (determined without taking 
                into account amounts deposited under subsection (g)(4)) 
                may be used for the purposes described in subparagraph 
                (A)(ii).
    (f) Investment of Special Account.--All funds deposited as 
principal in the special account shall earn interest in the amount 
determined by the Secretary of the Treasury on the basis of the current 
average market yield on outstanding marketable obligations of the 
United States of comparable maturities. Such interest shall be added to 
the principal of the account and expended in accordance with the 
provisions of subsection (e)(3).
    (g) Airport Environs Overlay District Land Transfer.--Upon request 
of Clark County, Nevada, the Secretary shall transfer to Clark County, 
Nevada, without consideration, all right, title, and interest of the 
United States in and to the lands identified in the Agreement, subject 
to the following:
            (1) Valid existing rights.
            (2) Clark County agrees to manage such lands in accordance 
        with the Agreement and with section 47504 of title 49, United 
        States Code, (relating to airport noise compatibility planning) 
        and regulations promulgated pursuant to that section.
            (3) Clark County agrees that if any of such lands are sold 
        or leased by Clark County, such sale or lease shall contain a 
        limitation which requires uses compatible with the Agreement 
        and such Airport Noise Compatibility Planning provisions.
            (4) Clark County agrees that if any of such lands are sold 
        or leased by Clark County and are identified on the map 
        referenced in section 2(a) of the Act entitled ``An Act to 
        provide for the orderly disposal of certain Federal lands in 
Nevada and for the acquisition of certain other lands in the Lake Tahoe 
Basin, and for other purposes'', approved December 23, 1980 (94 Stat. 
3381; commonly known as the ``Santini-Burton Act''), Clark County shall 
contribute 85 percent of all proceeds from the sale or lease of such 
lands directly to the special account. Such proceeds shall be used by 
the Secretary of Agriculture to acquire environmentally sensitive land 
in the Lake Tahoe Basin pursuant to section 3 of the Santini-Burton 
Act. The remaining proceeds shall be available for use by the Clark 
County Department of Aviation for the benefit of airport development 
and infrastructure.

SEC. 5. ACQUISITIONS.

    (a) Acquisitions.--
            (1) Definition.--For purposes of this section, the term 
        ``environmentally sensitive land'' means land or an interest in 
        land, the acquisition of which by the United States would, in 
        the judgment of the Secretary of the Interior or the Secretary 
        of Agriculture--
                    (A) facilitate the preservation of natural, 
                scientific, aesthetic, historical, cultural, watershed, 
                wildlife, and other values contributing to public 
                enjoyment and biological diversity;
                    (B) enhance recreational opportunities and public 
                access;
                    (C) provide the opportunity to achieve better 
                management of public land through consolidation of 
                Federal ownership; or
                    (D) otherwise serve the public interest.
            (2) In general.--After the consultation process has been 
        completed in accordance with paragraph (3), the Secretaries may 
        acquire by donation, purchase with donated or appropriated 
        funds, or exchange environmentally sensitive land and interests 
        in environmentally sensitive land. Lands may not be acquired 
        under this section without the consent of the owner thereof.
            (3) Consultation.--Before initiating acquisition 
        proceedings for lands under this subsection, the Secretary of 
        the Interior or the Secretary of Agriculture shall consult with 
        the State of Nevada and with local government within whose 
        jurisdiction the lands are located, including appropriate 
        planning and regulatory agencies, and with other interested 
        persons, concerning the necessity of making the acquisition, 
        the potential impacts on State and local government, and other 
        appropriate aspects of the acquisition. Consultation under this 
        paragraph is in addition to any other consultation required by 
        law.
    (b) Administration.--On acceptance of title by the United States, 
land and interests in lands acquired under this section that is within 
the boundaries of a unit of the National Forest System, National Park 
System, National Wildlife Refuge System, National Wild and Scenic 
Rivers System, National Trails System, National Wilderness Preservation 
System, any other system established by Act of Congress, or any 
national conservation area or national recreation area established by 
Act of Congress--
            (1) shall become part of the unit or area without further 
        action by the Secretary of the Interior or Secretary of 
        Agriculture; and
            (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit or area.
    (c) Determination of Fair Market Value.--The fair market value of 
land or an interest in land to be acquired by the Secretary of the 
Interior or the Secretary of Agriculture under this section shall be 
determined by an appraisal made under section 206 of Federal Land 
Policy and Management Act of 1976. Any such appraisal shall be made 
without regard to the presence of a species listed as threatened or 
endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).
    (d) Water Rights.--
            (1) No federal reservation.--Nothing in this Act or any 
        other Act of Congress shall constitute or be construed to 
        constitute either an express or implied Federal reservation of 
        water or water rights for any purpose arising from the 
        acquisition of lands or interests in lands under this Act.
            (2) Acquisition and exercise of water rights under Nevada 
        law.--The United States may acquire and exercise such water 
        rights as it deems necessary to carry out its responsibilities 
        on any lands and interests in lands acquired under this Act 
        pursuant to the substantive and procedural requirements of the 
        State of Nevada. Nothing in this Act shall be construed to 
        authorize the use of eminent domain by the United States to 
        acquire water rights for such lands or interests in lands. 
        Within areas acquired by this Act, all rights to water granted 
        under the laws of the State of Nevada may be exercised in 
        accordance with the substantive and procedural requirements of 
        the State of Nevada.
            (3) Exercise of water rights generally under nevada laws.--
        Nothing in this Act shall be construed to limit the exercise of 
        water rights as provided under Nevada State laws.
    (e) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United 
States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) acquired by the Secretary of the Interior or 
                the Secretary of Agriculture under section 5 of the 
                Southern Nevada Public Land Management Act of 1996 that 
                is not otherwise described in subparagraphs (A) through 
                (G).''.

SEC. 6. REPORT.

    The Secretary of the Interior, in cooperation with the Secretary of 
Agriculture, shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Resources of the House of 
Representatives an annual report on all transactions under this Act.

SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.

    (a) Exchanges.--
            (1) In general.--Upon request by a person described in 
        paragraph (2), the Secretary may enter into an exchange of 
        lands pursuant to section 206 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716). Exchanges pursuant to 
        the provisions of such section 206 may only be made for lands 
        of equal value, except that with respect to a unit of local 
        government an amount equal to the excess (if any) of the 
        appraised fair market value of lands received by the unit of 
        local government over the appraised fair market value of lands 
        transferred by the unit of local government shall be paid to 
        the Secretary and shall be treated under section 4(e)(1) of 
        this Act as proceeds from the sale of land. Appraisals of lands 
        transferred by a unit of local government shall not take into 
        account the reversion requirement under section 4(b)(2) of this 
        Act.
            (2) Person described.--A person referred to in paragraph 
        (1) is--
                    (A) a grantee of lands within Clark County, Nevada, 
                that are subject to a lease or patent issued under the 
                Act entitled ``An Act to authorize acquisition or use 
                of public lands by States, counties, or municipalities 
                for recreational purposes'', approved June 14, 1926 (43 
                U.S.C. 869 et seq.; commonly known as the ``Recreation 
                and Public Purposes Act''), or
                    (B) a unit of local government making an election 
                under section 4(b)(1).
            (3) Terms and conditions applicable to lands acquired.--
        Land acquired under this section by a grantee described in 
        paragraph (2)(A) shall be subject to the terms and conditions, 
        uses, and acreage limitations of the lease or patent to which 
        the lands transferred by the grantee were subject, including 
        the reverter provisions, under the Recreation and Public 
        Purposes Act. Land acquired under this section by a unit of 
        local government described in paragraph (2)(B) shall be subject 
        to the reversion provisions of section 4(b)(2) of this Act.
    (b) Water Treatment Facilities.--Notwithstanding any other 
provision of law, the Secretary shall make available land under the 
Recreation and Public Purposes Act to the Southern Nevada Water 
Authority, as identified on the map entitled ``Las Vegas Valley, 
Nevada, Water Treatment Facilities and Delivery System'', numbered 
____, and dated ____.
    (c) Flood Control.--The Secretary, in consultation with the United 
States Army Corps of Engineers and the Clark County Regional Flood 
Control District, shall make available land in Clark County, Nevada, in 
accordance with the Recreation and Public Purposes Act for flood 
control purposes. Such lands shall be made available to the Clark 
County Regional Flood Control District.

SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL CONSERVATION 
              AREA.

    Section 3(a)(2) of the Red Rock Canyon National Conservation Area 
Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read 
as follows:
            ``(2) The conservation area shall consist of approximately 
        ____ acres as generally depicted on the map entitled `Red Rock 
        Canyon National Conservation Area--Proposed Modification', 
        numbered ____, and dated ____.''.
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