I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Southern Nevada Pub5 lic Land Management Act of 1996’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds the following:
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1 (1) The Bureau of Land Management has ex2 tensive land ownership in small and large parcels

3 interspersed with or adjacent to private land in the

4 Las Vegas valley, Nevada, making many of these

5 parcels difficult to manage and more appropriate for

6 disposal.

7 (2) The ad hoc disposal of Federal land by the

8 Bureau of Land Management has significantly con9 tributed to growth in the Las Vegas valley, imposing

10 substantial costs on local government.

11 (3) In order to promote responsible and orderly

12 development in the Las Vegas valley, certain of

13 those Federal lands should be sold by the Federal

14 Government based on recommendations made by

15 local government and the public.

16 (4) The value of Federal lands in the Las

17 Vegas valley is enhanced by local infrastructure im18 provements which are paid for by local government.

19 (5) The Las Vegas metropolitan area is the

20 fastest growing urban area in the United States,

21 which is causing significant impacts upon the Lake

22 Mead National Recreation Area, the Red Rock Can23 yon National Conservation Area, and the Spring

24 Mountains National Recreation Area, which sur25 round the Las Vegas valley.
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1 (b) PURPOSE.—The purpose of this Act is to provide

2 for the orderly disposal of certain Federal lands in Clark

3 County, Nevada, and to provide for the acquisition of envi4 ronmentally sensitive lands in the State of Nevada.

5 SEC. 3. DEFINITIONS.

6 As used in this Act:

7 (1) The term ‘‘Secretary’’ means the Secretary

8 of the Interior.

9 (2) The term ‘‘Secretaries’’ means the Sec10 retary of the Interior and the Secretary of Agri11 culture.

12 (3) The term ‘‘unit of local government’’ means

13 Clark County, the City of Las Vegas, the City of

14 North Las Vegas, or the City of Henderson; all in

15 the State of Nevada.

16 (4) The term ‘‘Agreement’’ means the agree17 ment entitled ‘‘The Interim Cooperative Manage18 ment Agreement Between The United States De19 partment of the Interior—Bureau of Land Manage20 ment and Clark County’’, dated November 4, 1992.

21 (5) The term ‘‘special account’’ means the ac22 count in the Treasury of the United States estab23 lished under section 4(e)(1)(D).
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1 SEC. 4. DISPOSAL.

2 (a) DISPOSAL.—Notwithstanding the land use plan3 ning requirements contained in sections 202 and 203 of

4 the Federal Land Policy and Management Act of 1976

5 (43 U.S.C. 1711 and 1712), the Secretary, in accordance

6 with this Act, shall by sale or exchange dispose of Federal

7 lands within the boundary of the area under the jurisdic8 tion of the Director of the Bureau of Land Management

9 in Clark County, Nevada, generally depicted on the map

10 entitled ‘‘Las Vegas Valley, Nevada, Land Disposal Map’’,

11 numbered ll, and dated ll. Such map shall be on

12 file and available for public inspection in the offices of the

13 Director and the Las Vegas District of the Bureau of

14 Land Management.

15 (b) RESERVATION FOR LOCAL PUBLIC PURPOSES.—

16 (1) ELECTION AND CONVEYANCE TO LOCAL

17 GOVERNMENTS.—Not less than 90 days before the

18 issuance of a patent to lands pursuant to subsection

19 (a), the unit of local government in whose jurisdic20 tion the lands are located may elect to obtain, with21 out consideration, up to 12 percent of the lands for

22 local public purposes. Pursuant to any such election,

23 the Secretary shall convey the elected lands to such

24 unit of local government.

25 (2) REVERTER.—Except as provided by para26 graph (3), if lands acquired by a unit of local gov-
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1 ernment under paragraph (1) are disposed of by

2 that unit or otherwise cease to be used for local pub3 lic purposes, such lands shall revert to the United

4 States. Lands revested in the United States under

5 this paragraph shall be offered for disposal in ac6 cordance with this Act.

7 (3) EXCEPTION FOR EXCHANGES.—Lands ac8 quired by a unit of local government under para9 graph (1) may be exchanged for private lands pursu10 ant to section 7.

11 (c) WITHDRAWAL.—Subject to valid existing rights,

12 all Federal lands identified in subsection (a) for disposal

13 are withdrawn from location, entry, and patent under the

14 mining laws and from operation under the mineral leasing

15 and geothermal leasing laws.

16 (d) SELECTION.—

17 (1) JOINT SELECTION REQUIRED.—The Sec18 retary and the unit of local government in whose ju19 risdiction lands referred to in subsection (a) are lo20 cated shall jointly select lands to be offered for sale

21 or exchange under this section. If agreement cannot

22 be reached on joint selection with respect to a parcel

23 of land, the parcel may not be offered for sale or ex24 change under subsection (a).
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1 (2) OFFERING.—After land has been selected in

2 accordance with this subsection, the Secretary shall

3 make the first offering of land as soon as practicable

4 after the date of enactment of this Act.

5 (e) DISPOSITION OF PROCEEDS.—

6 (1) LAND SALES.—Of the gross proceeds of

7 sales of land under this section in a fiscal year:

8 (A) 5 percent shall be paid directly to the

9 State of Nevada for use in the general edu10 cation program of the State.

11 (B) 25 percent shall be paid directly to the

12 Southern Nevada Water Authority for water

13 treatment and transmission facility infrastruc14 ture in Clark County, Nevada.

15 (C) 20 percent shall be paid directly to

16 Clark County, Nevada, for development of

17 parks and trails and for public recreation pur18 poses within the Las Vegas valley after the

19 adoption of an interlocal agreement among

20 Clark County, the City of Las Vegas, the City

21 of North Las Vegas, and the City of Hender22 son.

23 (D) The remainder shall be deposited in a

24 special account in the Treasury of the United

25 States for use pursuant to the provisions of
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1 paragraphs (2) and (3). Amounts in the special

2 account shall be available to the Secretaries

3 without further appropriation and shall remain

4 available until expended.

5 (2) LAND EXCHANGES.—In the case of a land

6 exchange under this section (other than a land ex7 change pursuant to subsection (b)(3)), the Secretary

8 shall provide direct payments pursuant to para9 graphs (1)(A), (B), and (C) from any cash equali10 zation payment made to the Secretary pursuant to

11 the exchange agreement and from the special ac12 count. The payments shall be based on the appraised

13 fair market value of the Federal lands to be con14 veyed in the exchange.

15 (3) AVAILABILITY OF SPECIAL ACCOUNT.—

16 (A) IN GENERAL.—In addition to pay17 ments under paragraph (2), amounts deposited

18 in the special account may be expended by the

19 Secretaries, acting jointly, for—

20 (i) the acquisition of environmentally

21 sensitive land in the State of Nevada in ac22 cordance with section 5, with priority given

23 to lands located within Clark County;

24 (ii) infrastructure needs associated

25 with recreation and resource protection
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1 programs at the Lake Mead National

2 Recreation Area, the Red Rock Canyon

3 National Conservation Area and other

4 areas administered by the Bureau of Land

5 Management in Clark County, and the

6 Spring Mountains National Recreation

7 Area in the State of Nevada; and

8 (iii) development of a multi-species

9 habitat conservation plan in Clark County,

10 Nevada.

11 (B) PROCEDURES.—The Secretaries shall

12 jointly develop procedures for the use of the

13 special account that ensure accountability and

14 demonstrated results.

15 (C) LIMITATION.—Not more than 50 per16 cent of the amounts available to the Secretaries

17 from the special account in any fiscal year (de18 termined without taking into account amounts

19 deposited under subsection (g)(4)) may be used

20 for the purposes described in subparagraph

21 (A)(ii).

22 (f) INVESTMENT OF SPECIAL ACCOUNT.—All funds

23 deposited as principal in the special account shall earn in24 terest in the amount determined by the Secretary of the

25 Treasury on the basis of the current average market yield
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1 on outstanding marketable obligations of the United

2 States of comparable maturities. Such interest shall be

3 added to the principal of the account and expended in ac4 cordance with the provisions of subsection (e)(3).

5 (g) AIRPORT ENVIRONS OVERLAY DISTRICT LAND

6 TRANSFER.—Upon request of Clark County, Nevada, the

7 Secretary shall transfer to Clark County, Nevada, without

8 consideration, all right, title, and interest of the United

9 States in and to the lands identified in the Agreement,

10 subject to the following:

11 (1) Valid existing rights.

12 (2) Clark County agrees to manage such lands

13 in accordance with the Agreement and with section

14 47504 of title 49, United States Code, (relating to

15 airport noise compatibility planning) and regulations

16 promulgated pursuant to that section.

17 (3) Clark County agrees that if any of such

18 lands are sold or leased by Clark County, such sale

19 or lease shall contain a limitation which requires

20 uses compatible with the Agreement and such Air21 port Noise Compatibility Planning provisions.

22 (4) Clark County agrees that if any of such

23 lands are sold or leased by Clark County and are

24 identified on the map referenced in section 2(a) of

25 the Act entitled ‘‘An Act to provide for the orderly
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1 disposal of certain Federal lands in Nevada and for

2 the acquisition of certain other lands in the Lake

3 Tahoe Basin, and for other purposes’’, approved De4 cember 23, 1980 (94 Stat. 3381; commonly known

5 as the ‘‘Santini-Burton Act’’), Clark County shall

6 contribute 85 percent of all proceeds from the sale

7 or lease of such lands directly to the special account.

8 Such proceeds shall be used by the Secretary of Ag9 riculture to acquire environmentally sensitive land in

10 the Lake Tahoe Basin pursuant to section 3 of the

11 Santini-Burton Act. The remaining proceeds shall be

12 available for use by the Clark County Department

13 of Aviation for the benefit of airport development

14 and infrastructure.

15 SEC. 5. ACQUISITIONS.

16 (a) ACQUISITIONS.—

17 (1) DEFINITION.—For purposes of this section,

18 the term ‘‘environmentally sensitive land’’ means

19 land or an interest in land, the acquisition of which

20 by the United States would, in the judgment of the

21 Secretary of the Interior or the Secretary of Agri22 culture—

23 (A) facilitate the preservation of natural,

24 scientific, aesthetic, historical, cultural, water-
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1 shed, wildlife, and other values contributing to

2 public enjoyment and biological diversity;

3 (B) enhance recreational opportunities and

4 public access;

5 (C) provide the opportunity to achieve bet6 ter management of public land through consoli7 dation of Federal ownership; or

8 (D) otherwise serve the public interest.

9 (2) IN GENERAL.—After the consultation proc10 ess has been completed in accordance with para11 graph (3), the Secretaries may acquire by donation,

12 purchase with donated or appropriated funds, or ex13 change environmentally sensitive land and interests

14 in environmentally sensitive land. Lands may not be

15 acquired under this section without the consent of

16 the owner thereof.

17 (3) CONSULTATION.—Before initiating acquisi18 tion proceedings for lands under this subsection, the

19 Secretary of the Interior or the Secretary of Agri20 culture shall consult with the State of Nevada and

21 with local government within whose jurisdiction the

22 lands are located, including appropriate planning

23 and regulatory agencies, and with other interested

24 persons, concerning the necessity of making the ac25 quisition, the potential impacts on State and local
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1 government, and other appropriate aspects of the ac2 quisition. Consultation under this paragraph is in

3 addition to any other consultation required by law.

4 (b) ADMINISTRATION.—On acceptance of title by the

5 United States, land and interests in lands acquired under

6 this section that is within the boundaries of a unit of the

7 National Forest System, National Park System, National

8 Wildlife Refuge System, National Wild and Scenic Rivers

9 System, National Trails System, National Wilderness

10 Preservation System, any other system established by Act

11 of Congress, or any national conservation area or national

12 recreation area established by Act of Congress—

13 (1) shall become part of the unit or area with14 out further action by the Secretary of the Interior

15 or Secretary of Agriculture; and

16 (2) shall be managed in accordance with all

17 laws and regulations and land use plans applicable

18 to the unit or area.

19 (c) DETERMINATION OF FAIR MARKET VALUE.—The

20 fair market value of land or an interest in land to be ac21 quired by the Secretary of the Interior or the Secretary

22 of Agriculture under this section shall be determined by

23 an appraisal made under section 206 of Federal Land Pol24 icy and Management Act of 1976. Any such appraisal

25 shall be made without regard to the presence of a species
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1 listed as threatened or endangered under the Endangered

2 Species Act of 1973 (16 U.S.C. 1531 et seq.).

3 (d) WATER RIGHTS.—

4 (1) NO FEDERAL RESERVATION.—Nothing in

5 this Act or any other Act of Congress shall con6 stitute or be construed to constitute either an ex7 press or implied Federal reservation of water or

8 water rights for any purpose arising from the acqui9 sition of lands or interests in lands under this Act.

10 (2) ACQUISITION AND EXERCISE OF WATER

11 RIGHTS UNDER NEVADA LAW.—The United States

12 may acquire and exercise such water rights as it

13 deems necessary to carry out its responsibilities on

14 any lands and interests in lands acquired under this

15 Act pursuant to the substantive and procedural re16 quirements of the State of Nevada. Nothing in this

17 Act shall be construed to authorize the use of emi18 nent domain by the United States to acquire water

19 rights for such lands or interests in lands. Within

20 areas acquired by this Act, all rights to water grant21 ed under the laws of the State of Nevada may be ex22 ercised in accordance with the substantive and pro23 cedural requirements of the State of Nevada.

24 (3) EXERCISE OF WATER RIGHTS GENERALLY

25 UNDER NEVADA LAWS.—Nothing in this Act shall be
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1 construed to limit the exercise of water rights as

2 provided under Nevada State laws.

3 (e) PAYMENTS IN LIEU OF TAXES.—Section 6901(1)

4 of title 31, United States Code, is amended—

5 (1) by striking ‘‘or’’ at the end of subparagraph

6 (F);

7 (2) by striking the period at the end of sub8 paragraph (G) and inserting ‘‘; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(H) acquired by the Secretary of the Inte11 rior or the Secretary of Agriculture under sec12 tion 5 of the Southern Nevada Public Land

13 Management Act of 1996 that is not otherwise

14 described in subparagraphs (A) through (G).’’.

15 SEC. 6. REPORT.

16 The Secretary of the Interior, in cooperation with the

17 Secretary of Agriculture, shall submit to the Committee

18 on Energy and Natural Resources of the Senate and the

19 Committee on Resources of the House of Representatives

20 an annual report on all transactions under this Act.

21 SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.

22 (a) EXCHANGES.—

23 (1) IN GENERAL.—Upon request by a person

24 described in paragraph (2), the Secretary may enter

25 into an exchange of lands pursuant to section 206
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1 of the Federal Land Policy and Management Act of

2 1976 (43 U.S.C. 1716). Exchanges pursuant to the

3 provisions of such section 206 may only be made for

4 lands of equal value, except that with respect to a

5 unit of local government an amount equal to the ex6 cess (if any) of the appraised fair market value of

7 lands received by the unit of local government over

8 the appraised fair market value of lands transferred

9 by the unit of local government shall be paid to the

10 Secretary and shall be treated under section 4(e)(1)

11 of this Act as proceeds from the sale of land. Ap12 praisals of lands transferred by a unit of local gov13 ernment shall not take into account the reversion re14 quirement under section 4(b)(2) of this Act.

15 (2) PERSON DESCRIBED.—A person referred to

16 in paragraph (1) is—

17 (A) a grantee of lands within Clark Coun18 ty, Nevada, that are subject to a lease or patent

19 issued under the Act entitled ‘‘An Act to au20 thorize acquisition or use of public lands by

21 States, counties, or municipalities for rec22 reational purposes’’, approved June 14, 1926

23 (43 U.S.C. 869 et seq.; commonly known as the

24 ‘‘Recreation and Public Purposes Act’’), or
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1 (B) a unit of local government making an

2 election under section 4(b)(1).

3 (3) TERMS AND CONDITIONS APPLICABLE TO

4 LANDS ACQUIRED.—Land acquired under this sec5 tion by a grantee described in paragraph (2)(A)

6 shall be subject to the terms and conditions, uses,

7 and acreage limitations of the lease or patent to

8 which the lands transferred by the grantee were sub9 ject, including the reverter provisions, under the

10 Recreation and Public Purposes Act. Land acquired

11 under this section by a unit of local government de12 scribed in paragraph (2)(B) shall be subject to the

13 reversion provisions of section 4(b)(2) of this Act.

14 (b) WATER TREATMENT FACILITIES.—Notwith15 standing any other provision of law, the Secretary shall

16 make available land under the Recreation and Public Pur17 poses Act to the Southern Nevada Water Authority, as

18 identified on the map entitled ‘‘Las Vegas Valley, Nevada,

19 Water Treatment Facilities and Delivery System’’, num20 bered ll, and dated ll.

21 (c) FLOOD CONTROL.—The Secretary, in consulta22 tion with the United States Army Corps of Engineers and

23 the Clark County Regional Flood Control District, shall

24 make available land in Clark County, Nevada, in accord25 ance with the Recreation and Public Purposes Act for
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1 flood control purposes. Such lands shall be made available

2 to the Clark County Regional Flood Control District.

3 SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON

4 NATIONAL CONSERVATION AREA.

5 Section 3(a)(2) of the Red Rock Canyon National

6 Conservation Area Establishment Act of 1990 (16 U.S.C.

7 460ccc–1(a)(2)) is amended to read as follows:

8 ‘‘(2) The conservation area shall consist of ap9 proximately ll acres as generally depicted on the

10 map entitled ‘Red Rock Canyon National Conserva11 tion Area—Proposed Modification’, numbered ll,

12 and dated ll.’’.

Æ