II

106TH CONGRESS

1ST SESSION S. 930

To provide for the sale of certain public land in the Ivanpah Valley, Nevada,

to the Clark County, Nevada, Department of Aviation.

IN THE SENATE OF THE UNITED STATES

APRIL 29, 1999

Mr. REID (for himself and Mr. BRYAN) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To provide for the sale of certain public land in the Ivanpah

Valley, Nevada, to the Clark County, Nevada, Department of Aviation.

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 ‘‘Ivanpah Valley Airport

5 Public Land Transfer Act’’.

6 SEC. 2. CONVEYANCE TO CLARK COUNTY, NEVADA, DE7 PARTMENT OF AVIATION.

8 (a) IN GENERAL.—
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1 (1) CONVEYANCE.—Notwithstanding the land

2 use planning requirements contained in sections 202

3 and 203 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1711, 1712), on occur5 rence of the conditions specified in subsection (b),

6 the Secretary of the Interior (referred to in this sec7 tion as the ‘‘Secretary’’) shall convey to Clark Coun8 ty, Nevada, on behalf of the Department of Aviation

9 (referred to in this section as the ‘‘Department’’), all

10 right, title, and interest of the United States in and

11 to the public land identified for disposition on the

12 map entitled ‘‘Ivanpah Valley, Nevada-Airport Selec13 tions’’ numbered 01 and dated April 1999, for the

14 purpose of developing an airport facility and related

15 infrastructure.

16 (2) MAP.—The map described in paragraph (1)

17 shall be on file and available for public inspection in

18 the offices of the Director of the Bureau of Land

19 Management and the Las Vegas District of the Bu20 reau of Land Management.

21 (b) CONDITIONS.—The Secretary shall make the con22 veyance under subsection (a) if—

23 (1) the Department conducts an airspace as24 sessment to identify any potential adverse effect on

25 access to the Las Vegas basin under visual flight
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1 rules that would result from the construction and

2 operation of a commercial or primary airport, or

3 both, on the land to be conveyed;

4 (2) the Administrator of the Federal Aviation

5 Administration certifies to the Secretary that—

6 (A) the assessment under paragraph (1) is

7 thorough; and

8 (B) alternatives have been developed to ad9 dress each adverse effect identified in the as10 sessment, including alternatives that ensure ac11 cess to the Las Vegas basin under visual flight

12 rules at a level that is equal to or better than

13 the access in existence as of the date of enact14 ment of this Act; and

15 (3) the Department enters into an agreement

16 with the Secretary to retain ownership of Jean Air17 port and to maintain and develop Jean Airport as a

18 general aviation airport.

19 (c) PHASED CONVEYANCES.—At the option of the

20 Department, the Secretary shall convey the land described

21 in subsection (a) in parcels over a period of up to 20 years,

22 as may be required to carry out the phased construction

23 and development of the airport facility and infrastructure

24 on the land.

25 (d) CONSIDERATION.—
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1 (1) IN GENERAL.—As consideration for the con2 veyance of each parcel, the Department shall pay the

3 United States an amount equal to the fair market

4 value of the parcel.

5 (2) DETERMINATION OF FAIR MARKET

6 VALUE.—

7 (A) INITIAL 3-YEAR PERIOD.—During the

8 3-year period beginning on the date of enact9 ment of this Act, the fair market value of a

10 parcel to be conveyed under subsection (a) shall

11 be based on an appraisal of the fair market

12 value of the parcel as of a date not later than

13 180 days after the date of enactment of this

14 Act.

15 (B) SUBSEQUENT APPRAISALS.—

16 (i) IN GENERAL.—The fair market

17 value of each parcel conveyed after the end

18 of the 3-year period referred to in subpara19 graph (A) shall be based on a subsequent

20 appraisal.

21 (ii) FACTORS.—An appraisal con22 ducted after that 3-year period—

23 (I) shall take into consideration

24 the parcel in its unimproved state;

25 and
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1 (II) shall not reflect any enhance2 ment in the value of the parcel based

3 on the existence or planned construc4 tion of infrastructure on or near the

5 parcel.

6 (3) USE OF PROCEEDS.—The proceeds of the

7 sale of each parcel—

8 (A) shall be deposited in the special ac9 count established under section 4(e)(1)(C) of

10 the Southern Nevada Public Land Management

11 Act of 1998 (112 Stat. 2345); and

12 (B) shall be disposed of by the Secretary

13 as provided in section 4(e)(3) of that Act (112

14 Stat. 2346).

15 (e) REVERSIONARY INTEREST.—

16 (1) IN GENERAL.—During the 5-year period be17 ginning 20 years after the date on which the Sec18 retary conveys the first parcel under subsection (a),

19 if the Secretary determines that the Department is

20 not developing or progressing toward the develop21 ment of the parcel as part of an airport facility, the

22 Secretary may exercise a right to reenter the parcel.

23 (2) PROCEDURE.—Any determination of the

24 Secretary under paragraph (1) shall be made on the

25 record after an opportunity for a hearing.
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1 (3) REFUND.—If the Secretary exercises a right

2 to reenter a parcel under paragraph (1), the Sec3 retary shall refund to the Department an amount

4 that is equal to the amount paid for the parcel by

5 the Department.

6 (f) WITHDRAWAL.—The public land described in sub7 section (a) is withdrawn from mineral entry under—

8 (1) sections 910, 2318 through 2340, and 2343

9 through 2346 of the Revised Statutes (commonly

10 known as the ‘‘General Mining Law of 1872’’) (30

11 U.S.C. 21, 22, 23, 24, 26 through 30, 33 through

12 43, 46 through 48, 50 through 53); and

13 (2) the Act of February 25, 1920 (commonly

14 known as the ‘‘Mineral Lands Leasing Act of

15 1920’’) (41 Stat. 437, chapter 85; 30 U.S.C. 181 et

16 seq.).

17 (g) MOJAVE NATIONAL PRESERVE.—The Secretary

18 of Transportation shall consult with the Secretary in the

19 development of an airspace management plan for the

20 Ivanpah Valley Airport that, to the extent practicable and

21 without adversely affecting safety considerations, restricts

22 aircraft arrivals and departures over the Mojave National

23 Preserve, California.

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