69–010 

Calendar No. 646 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–294 

SOUTHERN NEVADA LIMITED TRANSITION AREA ACT 

APRIL 10, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1377] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1377) to direct the Secretary of the Interior to 

convey to the City of Henderson, Nevada, certain Federal land located in the City, and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1377 is to direct the Secretary of the Interior 

to convey approximately 502 acres of land administered by the Bureau of Land Management to the City of Henderson, Nevada, without consideration, to allow the city to sell or lease the land for economic development adjacent to the Henderson Executive Airport. 

BACKGROUND AND NEED

Located just outside Las Vegas, the City of Henderson, Nevada 

is one of the fastest growing communities in the nation. The city 

currently has an estimated population of approximately 250,000, 

and has now passed Reno as Nevada’s second largest city. 

To help address this rapid growth, S. 1377 would direct the Secretary of the Interior to covey to the city approximately 502 acres 

of BLM land adjacent to the Henderson Executive Airport, to allow 

the city to use the land for economic development. 

The lands to be conveyed under S. 1377 are already within the 

boundary of lands directed for sale under the Southern Nevada 

Public Land Management Act (Public Law 105–263). Under that 

law, lands are sold by the BLM at public auction, with the sale proVerDate Aug 31 2005 14:43 Apr 14, 2008 Jkt 069010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR294.XXX SR294

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ceeds distributed among the BLM for activities in Nevada, the 

Southern Nevada Water Authority, and the State of Nevada’s general education fund. 

S. 1377 supersedes the Southern Nevada Public Land Management Act by requiring that the auctioned land only be used for 

non-residential purposes, to ensure that future development is compatible with the nearby airport. Proceeds from the sale would be 

distributed in accordance with the formula in that Act. 

LEGISLATIVE HISTORY

S. 1377 was introduced by Senators Reid and Ensign on May 14, 

2007. (S. Hrg. 110–216.) During the 109th Congress, the Committee considered similar legislation, S. 1056. The Subcommittee 

on Public Lands and Forests held a hearing on S. 1056 on March 

29, 2006 (S. Hrg. 109–444). 

The Subcommittee on Public Lands and Forests held a hearing 

on S. 1377 on September 20, 2007. At its business meeting on January 30, 2008, the Committee on Energy and Natural Resources ordered S. 1377 favorably reported without amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 31, 2007, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1377. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Southern Nevada Limited 

Transition Area Act.’’

Section 2 defines key terms used in the bill. 

Section 3(a) provides that notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the City of Henderson, Nevada (City), the Secretary of the 

Interior shall convey to the City all right, title, and interest of the 

United States to the land identified on the referenced map as the 

‘‘Transition Area.’’ The conveyance shall be without consideration. 

Subsection (b) states that the City may convey and portion of the 

conveyed land for purposes of non-residential development. Any 

lands conveyed must be through a competitive bidding process and 

shall be for not less than fair market value. Proceeds from the sale 

of the land are to be distributed in accordance with section 4(e) of 

the Southern Nevada Public Land Management Act of 1998. 

Subsection (c) provides that the City may elect to retain parcels 

of the lands conveyed under this Act for public recreation or other 

public purposes consistent with the Recreation and Public Purposes 

Act (43 U.S.C. 869 et seq.). 

Subsection (d) requires the City to plan the Transition Area in 

accordance with Federal law relating to airport noise compatibility 

planning. 

Subsection (e) contains a reversionary clause that provides that 

if any land within the Transition Area is not used for non-residential purposes or local park or recreation purposes within 20 years 

after the date of enactment of this Act, the land shall revert to the 

Secretary (at the discretion of the Secretary). 


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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1377—Southern Nevada Limited Transition Area Act 

S. 1377 would direct the Bureau of Land Management (BLM) to 

convey about 500 acres of federal land (‘‘transition area’’) in southern Nevada to the city of Henderson. CBO estimates that implementing this bill would have no net effect on the federal budget. 

Enacting S. 1377 would reduce offsetting receipts and associated 

direct spending, but CBO estimates that such reductions would offset each other. Enacting the bill would not affect revenues. 

The bill would require BLM to convey to Henderson, without consideration, all right, title, and interest in the transition area at the 

request of the city. (Under existing law, BLM is scheduled to sell 

the transition area within the next few years and spend its portion 

of the proceeds for projects in Nevada.) The city would be permitted 

to sell the property at fair market value and 85 percent of any proceeds would be distributed to the federal government (in accordance with the receipt-sharing formula specified in the Southern Nevada Public Land Management Act of 1998.) 

Assuming that the city would receive the transition area in the 

next year, sell that property in 2009 or 2010, and give 85 percent 

of the proceeds to BLM, CBO expects that the agency would receive 

an estimated $150 million from sales proceeds in 2009 or 2010 and 

spend that amount over the next several years as it would have if 

it had sold the property itself. CBO estimates that enacting S. 1377 

would thus have no net impact on the federal budget. 

S. 1377 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

benefit the city of Henderson by authorizing the conveyance of land 

without consideration. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1377. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1377, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1377, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 


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EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management at 

the September 20, 2007 Subcommittee hearing on S. 1377 follows: 

STATEMENT OF MICHAEL NEDD, ASSISTANT DIRECTOR, MINERALS, REALTY AND RESOURCE PROTECTION, BUREAU OF

LAND MANAGEMENT

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to testify on S. 1377, the Southern 

Nevada Limited Transition Act. S. 1377 would convey 

without consideration approximately 502 acres of BLM 

public lands, defined in the bill as the ‘‘transition area,’’ to 

the City of Henderson, Nevada, for economic development 

adjacent to the Henderson Executive Airport. The BLM 

recognizes the extensive residential growth occurring in 

the City of Henderson and understands the need for the 

City to plan land use in such a way that development 

around the Henderson Executive Airport is compatible 

with the nature of airport operations. During consideration 

of similar legislation in the 109th Congress (S. 1056), we 

raised several concerns. The BLM greatly appreciates the 

work of the sponsors of the bill to address those concerns, 

as reflected in the text of S. 1377. We support S. 1377 as 

introduced. 

S. 1377 establishes development areas around the Henderson Executive Airport similar to the Airport Environs 

Overlay District—otherwise known as the McCarran Airport Cooperative Management Area (CMA)—established by 

the Southern Nevada Public Lands Management Act 

(SNPLMA), Public Law 105–263, that ensures compatible 

development around McCarran Airport. The public lands 

proposed for conveyance in S. 1377 are directly west and 

south of the Henderson Executive Airport, which is east of 

Interstate 15 and north of the Sloan Canyon National Conservation Area. These lands are within the disposal boundary established in SNPLMA and have been identified for 

disposal by the BLM as part of SNPLMA’s land disposal 

process. 

S. 1377 directs the City of Henderson to plan and manage the lands for nonresidential development, and requires 

that any development comport with noise compatibility requirements defined in section 47504 of title 49, United 

States Code. The bill permits the City of Henderson to sell 

any portions of the conveyed lands for nonresidential development through a competitive bidding process, but for 

not less than fair market value, and subject to the noise 

compatibility requirements. The City of Henderson may 

also elect to retain parcels for recreation or other public 

purposes consistent with the Recreation and Public Purposes Act. 

The revenue generated from any sales of the lands by 

the City of Henderson would be distributed consistent with 

the provisions of Section 4(e)(1) of SNPLMA, which allow 

for the deposit of 85 percent of the proceeds from land 


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sales into the Special Account; 10 percent paid directly to 

the Southern Nevada Water Authority; and 5 percent paid 

directly to the State of Nevada for use in the general education program of the State. 

Again, thank you for the opportunity to work with the 

sponsors of this bill in addressing our various concerns, including modifications relative to the terms and conditions 

of future land sales by the City of Henderson; the reversionary language; and the revised map. We support S. 

1377 and efforts to appropriately plan for development 

around the Henderson Executive Airport. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 1377, as ordered reported. 

Æ 


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