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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1695 Enrolled Bill (ENR)]

        H.R.1695

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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.

    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 ``Ivanpah Valley Airport Public Lands 
Transfer Act''.

SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.

    (a) In General.--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. 1712 and 1713), but subject to 
subsection (b) of this section and valid existing rights, the Secretary 
shall convey to the County all right, title, and interest of the United 
States in and to the Federal public lands identified for disposition on 
the map entitled ``Ivanpah Valley, Nevada-Airport Selections'' numbered 
01, and dated April 1999, for the purpose of developing an airport 
facility and related infrastructure. The Secretary shall keep such map 
on file and available for public inspection in the offices of the 
Director of the Bureau of Land Management and in the district office of 
the Bureau located in Las Vegas, Nevada.
    (b) Conditions.--The Secretary shall make no conveyance under 
subsection (a) until each of the following conditions are fulfilled:
        (1) The County has conducted an airspace assessment, using the 
    airspace management plan required by section 4(a), to identify any 
    potential adverse effects on access to the Las Vegas Basin under 
    visual flight rules that would result from the construction and 
    operation of a commercial or primary airport, or both, on the land 
    to be conveyed.
        (2) The Federal Aviation Administration has made a 
    certification under section 4(b).
        (3) The County has entered into an agreement with the Secretary 
    to retain ownership of Jean Airport, located at Jean, Nevada, and 
    to maintain and operate such airport for general aviation purposes.
    (c) Payment.--
        (1) In general.--As consideration for the conveyance of each 
    parcel, the County shall pay to the United States an amount equal 
    to the fair market value of the parcel.
        (2) Deposit in special account.--(A) The Secretary shall 
    deposit the payments received under paragraph (1) into the special 
    account described in section 4(e)(1)(C) of the Southern Nevada 
    Public Land Management Act of 1998 (112 Stat. 2345). Such funds may 
    be expended only for the acquisition of private inholdings in the 
    Mojave National Preserve and for the protection and management of 
    the petroglyph resources in Clark County, Nevada. The second 
    sentence of section 4(f) of such Act (112 Stat. 2346) shall not 
    apply to interest earned on amounts deposited under this paragraph.
        (B) The Secretary may not expend funds pursuant to this section 
    until--
            (i) the provisions of section 5 of this Act have been 
        completed; and
            (ii) a final Record of Decision pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
        been issued which permits development of an airport at the 
        Ivanpah site.
    (d) Reversion and Reentry.--If, following completion of compliance 
with section 5 of this Act and in accordance with the findings made by 
the actions taken in compliance with such section, the Federal Aviation 
Administration and the County determine that an airport should not be 
constructed on the conveyed lands--
        (1) the Secretary of the Interior shall immediately refund to 
    the County all payments made to the United States for such lands 
    under subsection (c); and
        (2) upon such payment--
            (A) all right, title, and interest in the lands conveyed to 
        the County under this Act shall revert to the United States; 
        and
            (B) the Secretary may reenter such lands.

SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.

    The public lands referred to in section 2(a) are withdrawn from 
mineral entry under the Act of May 10, 1872 (30 U.S.C. 22 et seq.; 
popularly known as the Mining Law of 1872) and the Mineral Leasing Act 
(30 U.S.C. 181 et seq.).

SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.

    (a) Development of Airspace Management Plan.--The Secretary of 
Transportation shall, in consultation with the Secretary, prior to the 
conveyance of the land referred to in section 2(a), develop an airspace 
management plan for the Ivanpah Valley Airport that shall, to the 
maximum extent practicable and without adversely impacting safety 
considerations, restrict aircraft arrivals and departures over the 
Mojave Desert Preserve in California.
    (b) Certification of Assessment.--The Administrator of the Federal 
Aviation Administration shall certify to the Secretary that the 
assessment made by the County under section 2(b)(1) is thorough and 
that alternatives have been developed to address each adverse effect 
identified in the assessment, including alternatives that ensure access 
to the Las Vegas Basin under visual flight rules at a level that is 
equal to or better than existing access.

SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 
              REQUIRED.

    Prior to construction of an airport facility on lands conveyed 
under section 2, all actions required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to initial 
planning and construction shall be completed by the Secretary of 
Transportation and the Secretary of the Interior as joint lead 
agencies. Any actions conducted in accordance with this section shall 
specifically address any impacts on the purposes for which the Mojave 
National Preserve was created.

SEC. 6. DEFINITIONS.

    In this Act--
        (1) the term ``County'' means Clark County, Nevada; and
        (2) the term ``Secretary'' means the Secretary of the Interior.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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