II

Calendar No. 770

106TH CONGRESS

2D SESSION H. R. 1695

[Report No. 106–394]

IN THE SENATE OF THE UNITED STATES

MARCH 20, 2000

Received; read twice and referred to the Committee on Energy and Natural

Resources

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

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 Lands Transfer Act’’.
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1 SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NE2 VADA.

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

4 planning requirements contained in sections 202 and 203

5 of the Federal Land Policy and Management Act of 1976

6 (43 U.S.C. 1712 and 1713), but subject to subsection (b)

7 of this section and valid existing rights, the Secretary shall

8 convey to the County all right, title, and interest of the

9 United States in and to the Federal public lands identified

10 for disposition on the map entitled ‘‘Ivanpah Valley, Ne11 vada-Airport Selections’’ numbered 01, and dated April

12 1999, for the purpose of developing an airport facility and

13 related infrastructure. The Secretary shall keep such map

14 on file and available for public inspection in the offices

15 of the Director of the Bureau of Land Management and

16 in the district office of the Bureau located in Las Vegas,

17 Nevada.

18 (b) CONDITIONS.—The Secretary shall make no con19 veyance under subsection (a) until each of the following

20 conditions are fulfilled:

21 (1) The County has conducted an airspace as22 sessment assessment, using the airspace management

23 plan required by section 4(a), to identify any poten24 tial adverse effects on access to the Las Vegas Basin

25 under visual flight rules that would result from the
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1 construction and operation of a commercial or pri2 mary airport, or both, on the land to be conveyed.

3 (2) The Federal Aviation Administration has

4 made a certification under section 4(b).

5 (3) The County has entered into an agreement

6 with the Secretary to retain ownership of Jean Air7 port, located at Jean, Nevada, and to maintain and

8 operate such airport for general aviation purposes.

9 (c) PAYMENT.—

10 (1) IN GENERAL.—As consideration for the con11 veyance of each parcel, the County shall pay to the

12 United States an amount equal to the fair market

13 value of the parcel.

14 (2) DEPOSIT IN SPECIAL ACCOUNT.—The Sec15 retary shall deposit the payments received under

16 paragraph (1) in the special account described in

17 section 4(e)(1)(C) of the Southern Nevada Public

18 Land Management Act of 1998 (112 Stat. 2345).

19 The second sentence of section 4(f) of such Act (112

20 Stat. 2346) shall not apply to interest earned on

21 amounts deposited under this paragraph.

22 (2) DEPOSIT IN SPECIAL ACCOUNT.—(A) The

23 Secretary shall deposit the payments received under

24 paragraph (1) into the special account described in

25 section 4(e)(1)(C) of the Southern Nevada Public
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1 Land Management Act of 1998 (112 Stat. 2345).

2 Such funds may be expended only for the acquisition

3 of private inholdings in the Mojave National Preserve

4 and for the protection and management of the

5 petroglyph resources in Clark County, Nevada. The

6 second sentence of section 4(f) of such Act (112 Stat.

7 2346) shall not apply to interest earned on amounts

8 deposited under this paragraph.

9 (B) The Secretary may not expend funds pursu10 ant to this section until—

11 (i) the provisions of section 5 of this Act

12 have been completed; and

13 (ii) a final Record of Decision pursuant to

14 the National Environmental Policy Act of 1969

15 (42 U.S.C. 4321 et seq.) has been issued which

16 permits development of an airport at the

17 Ivanpah site.

18 (d) REVERSION AND REENTRY.—If, following com19 pletion of compliance with section 5 of this Act, the Fed20 eral Aviation Administration and the County determine

21 that an airport cannot be constructed on the conveyed

22 lands—

23 (d) REVERSION AND REENTRY.—If, following comple24 tion of compliance with section 5 of this Act and in accord25 ance with the findings made by the actions taken in compli-
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1 ance with such section, the Federal Aviation Administra2 tion and the County determine that an airport should not

3 be constructed on the conveyed lands—

4 (1) the Secretary of the Interior shall imme5 diately refund to the County all payments made to

6 the United States for such lands under subsection

7 (c); and

8 (2) upon such payment—

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

10 conveyed to the County under this Act shall re11 vert to the United States; and

12 (B) the Secretary may reenter such lands.

13 SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CON14 VEYANCE.

15 The public lands referred to in section 2(a) are with16 drawn from mineral entry under the Act of May 10, 1872

17 (30 U.S.C. 22 et seq.; popularly known as the Mining Law

18 of 1872) and the Mineral Leasing Act (30 U.S.C. 181 et

19 seq.).

20 SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPOR21 TATION.

22 (a) DEVELOPMENT OF AIRSPACE MANAGEMENT

23 PLAN.—The Secretary of Transportation shall, in con24 sultation with the Secretary, Secretary, prior to the convey25 ance of the land referred to in section 2(a), develop an air-
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1 space management plan for the Ivanpah Valley Airport

2 that shall, to the maximum extent practicable and without

3 adversely impacting safety considerations, restrict aircraft

4 arrivals and departures over the Mojave Desert Preserve

5 in California.

6 (b) CERTIFICATION OF ASSESSMENT.—The Adminis7 trator of the Federal Aviation Administration shall certify

8 to the Secretary that the assessment made by the County

9 under section 2(b)(1) is thorough and that alternatives

10 have been developed to address each adverse effect identi11 fied in the assessment, including alternatives that ensure

12 access to the Las Vegas Basin under visual flight rules

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

14 SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL

15 POLICY ACT OF 1969 REQUIRED.

16 Prior to construction of an airport facility on lands

17 conveyed under section 2, all actions required under the

18 National Environmental Policy Act of 1969 (42 U.S.C.

19 4321 et seq.) with respect to initial planning and construc20 tion shall be completed by the Secretary of Transportation

21 and the Secretary of the Interior as joint lead agencies.

22 Any actions conducted in accordance with this section shall

23 specifically address any impacts on the purposes for which

24 the Mojave National Preserve was created.
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1 SEC. 6. DEFINITIONS.

2 In this Act—

3 (1) the term ‘‘County’’ means Clark County,

4 Nevada; and

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

6 of the Interior.

Passed the House of Representatives March 9,

2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 770

106TH CONGRESS

2D SESSION H. R. 1695

[Report No. 106–394]

AN ACT

To provide for the conveyance of certain Federal

public lands in the Ivanpah Valley, Nevada, toClark County, Nevada, for the development of anairport facility, and for other purposes.

AUGUST 25, 2000

Reported with amendments