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Union Calendar No. 269

106TH CONGRESS

1ST SESSION H. R. 1695

[Report No. 106–471]

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 5, 1999

Mr. GIBBONS introduced the following bill; which was referred to the

Committee on Resources

NOVEMBER 16, 1999

Additional sponsors: Mr. YOUNG of Alaska, Mr. DUNCAN, Mr. DOOLITTLE,

Mr. CANNON, Mrs. CUBIN, Mr. RADANOVICH, Mrs. CHENOWETH-HAGE,

Mr. HANSEN, Mr. HAYES, Mr. SHERWOOD, Mr. POMBO, Mr. HEFLEY,

Mr. SIMPSON, Mr. TAUZIN, Mr. THORNBERRY, Mr. PETERSON of Pennsylvania, Mr. GILCHREST, Mr. SAXTON, Mr. SCHAFFER, and Mr. WALDEN of Oregon

NOVEMBER 16, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 5, 1999]

A BILL

To provide for the conveyance of certain Federal public lands

in the Ivanpah Valley, Nevada, to Clark County, Nevada,
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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’’.

6 SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NE7 VADA.

8 (a) IN GENERAL.—Notwithstanding the land use plan9 ning requirements contained in sections 202 and 203 of the

10 Federal Land Policy and Management Act of 1976 (43

11 U.S.C. 1712 and 1713), but subject to subsection (b) of this

12 section, the Secretary shall convey to the County all right,

13 title, and interest of the United States in and to the Federal

14 public lands identified for disposition on the map entitled

15 ‘‘Ivanpah Valley, Nevada-Airport Selections’’ numbered 01,

16 and dated April 1999, for the purpose of developing an air17 port facility and related infrastructure. The Secretary shall

18 keep such map on file and available for public inspection

19 in the offices of the Director of the Bureau of Land Manage20 ment and in the district office of the Bureau located in Las

21 Vegas, Nevada.

22 (b) CONDITIONS.—The Secretary shall make no con23 veyance under subsection (a) until each of the following con24 ditions are fulfilled:
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1 (1) The County has conducted an airspace as2 sessment to identify any potential adverse effects on

3 access to the Las Vegas Basin under visual flight

4 rules that would result from the construction and op5 eration of a commercial or primary airport, or both,

6 on the land to be conveyed.

7 (2) The Federal Aviation Administration has

8 made a certification under section 4(b).

9 (3) The County has entered into an agreement

10 with the Secretary to retain ownership of Jean Air11 port, located at Jean, Nevada, and to maintain and

12 operate such airport for general aviation purposes.

13 (c) PAYMENT.—

14 (1) IN GENERAL.—As consideration for the con15 veyance of each parcel, the County shall pay to the

16 United States an amount equal to the fair market

17 value of the parcel.

18 (2) DEPOSIT IN SPECIAL ACCOUNT.—The Sec19 retary shall deposit the payments received under

20 paragraph (1) in the special account described in sec21 tion 4(e)(1)(C) of the Southern Nevada Public Land

22 Management Act (31 U.S.C. 6901 note).

23 (d) REVERSION AND REENTRY.—

24 (1) IN GENERAL.—During the 5-year period be25 ginning 20 years after the date on which the Sec-
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1 retary conveys the lands under subsection (a), if the

2 Secretary determines that the County is not devel3 oping or progressing toward the development of the

4 conveyed lands as an airport facility, all right, title,

5 and interest in those lands shall revert to the United

6 States, and the Secretary may reenter such lands.

7 (2) PROCEDURE.—Any determination of the Sec8 retary under paragraph (1) shall be made only on the

9 record after an opportunity for a hearing.

10 (3) REFUND.—If any right, title, and interest in

11 lands revert to the United States under this sub12 section, the Secretary shall refund to the County all

13 payments made to the United States for such lands

14 under subsection (c).

15 SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CON16 VEYANCE.

17 The public lands referred to in section 2(a) are with18 drawn from mineral entry under the Act of May 10, 1872

19 (30 U.S.C. 22 et seq.; popularly known as the Mining Law

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

21 seq.).

22 SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPOR23 TATION.

24 (a) DEVELOPMENT OF AIRPSACE MANAGEMENT

25 PLAN.—The Secretary of Transportation shall, in consulta-
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1 tion with the Secretary, develop an airspace management

2 plan for the Ivanpah Valley Airport that shall, to the max3 imum extent practicable and without adversely impacting

4 safety considerations, restrict aircraft arrivals and depar5 tures over the Mojave Desert Preserve 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 have

10 been developed to address each adverse effect identified in

11 the assessment, including alternatives that ensure access to

12 the Las Vegas Basin under visual flight rules at a level that

13 is equal to or better than existing access.

14 SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL

15 POLICY ACT OF 1969 REQUIRED.

16 Prior to operation of an airport facility on lands con17 veyed under section 2, all actions required under the Na18 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

19 et seq.) with respect to that operation shall be completed.

20 SEC. 6. DEFINITIONS.

21 In this Act—

22 (1) the term ‘‘County’’ means Clark County, Ne23 vada; and

24 (2) the term ‘‘Secretary’’ means the Secretary of

25 the Interior.
Union Calendar No. 269

106TH CONGRESS

1ST SESSION H. R. 1695

[Report No. 106–471]

A BILL

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.

NOVEMBER 16, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed