I 

108TH CONGRESS 

2D SESSION H. R. 4332

To provide for the proper development of Federal lands in Clark County, 

Nevada, to best promote public welfare and economic development consistent with surrounding airport usage. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2004

Mr. GIBBONS (for himself, Mr. PORTER, and Ms. BERKLEY) introduced the 

following bill; which was referred to the Committee on Resources 

A BILL

To provide for the proper development of Federal lands in 

Clark County, Nevada, to best promote public welfare 

and economic development consistent with surrounding 

airport usage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROPER DEVELOPMENT OF FEDERAL LANDS 

4 IN CLARK COUNTY, NEVADA. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) In 1992, the Bureau of Land Management 

8 and Clark County, Nevada, entered into an Interim 
2

•HR 4332 IH 

1 Cooperative Management Agreement to coordinate 

2 in the disposal and management of Federal lands 

3 and areas affected by aircraft noise. 

4 (2) The Agreement restricts development of 

5 those Federal lands in the affected area generally 

6 known as the airport overlay district to certain com7 patible uses. Those compatible uses do not include 

8 transient lodging. 

9 (3) The Southern Nevada Public Land Manage10 ment Act of 1998 (31 U.S.C. 6901 note) provides 

11 for the transfer of Federal lands in the airport over12 lay district to Clark County, Nevada, but limits 

13 Clark County’s ability to sell, lease, or convey those 

14 lands for uses that are deemed incompatible uses 

15 under the Agreement. 

16 (4) The restrictions on incompatible uses in the 

17 airport overlay district only apply to those publicly 

18 owned lands governed by the Southern Nevada Pub19 lic Land Management Act of 1998. Uses that are 

20 deemed incompatible for public lands can and do fre21 quently occur in the airport overlay district on pri22 vately owned lands, and can even directly abut those 

23 Federal lands governed by the Agreement where in24 compatible uses are prohibited. 
3

•HR 4332 IH 

1 (5) The restrictions on certain uses by the 

2 Southern Nevada Public Land Management Act of 

3 1998 diminish the revenues that the public receives 

4 from the sale, lease, or conveyance of public lands in 

5 the airport overlay district by prohibiting incompat6 ible uses, even though those uses may, considering 

7 the uses of surrounding privately owned property, be 

8 the most appropriate and beneficial use. 

9 (6) The public interest would better be served 

10 by allowing some incompatible uses in the airport 

11 overlay area where the public lands are sufficiently 

12 surrounded by private property that is being put to 

13 uses that are also deemed incompatible uses under 

14 the Agreement. 

15 (7) The public benefits because it will earn 

16 greater revenue from allowing certain uses that are 

17 incompatible under the Agreement, but which, under 

18 the circumstances, do not materially contribute to 

19 problems of noise pollution since surrounding prop20 erties are already being put to such incompatible 

21 uses. 

22 (8) Currently, the public is not realizing the 

23 best return because the revenue generating capacity 

24 of these public lands is diminished by the restric25 tions on incompatible uses, but the purpose of such 
4

•HR 4332 IH 

1 restrictions, alleviating noise pollution, is not materi2 ally advanced since incompatible uses are allowed on 

3 the neighboring privately owned properties. 

4 (9) There are existing hotel properties (tran5 sient lodging) on 3 sides of the subject property as 

6 follows: on the west side 3 new hotels have just been 

7 completed; on the north side there is an existing 

8 hotel and a convention center; and on the east side 

9 there are 3 older hotels. 

10 (10) Because of the unique circumstances of 

11 the property, allowance of the nonconforming use of 

12 transient lodging is in the public interest by allowing 

13 the public to benefit from a higher revenue gener14 ating use of the property without materially contrib15 uting to the problem of noise pollution which the 

16 Agreement and the Southern Nevada Public Land 

17 Management Act of 1998 seek to diminish. 

18 (b) PURPOSES.—The purpose of this section is to fa19 cilitate the public’s most beneficial use of public lands in 

20 a manner consistent with the purposes and objectives of 

21 the Agreement and the Southern Nevada Public Land 

22 Management Act of 1998. 

23 (c) PERMITTED USES.—Notwithstanding section 

24 4(g)(3) of the Southern Nevada Public Land Management 

25 Act of 1998 (112 Stat. 2346), Clark County may sell, 
5

•HR 4332 IH 

1 lease, or otherwise convey the property and allow the non2 conforming use of transient lodging on the property. 

3 (d) DEFINITIONS.—For the purposes of this section, 

4 the following definitions apply: 

5 (1) AGREEMENT.—The term ‘‘Agreement’’ 

6 means the agreement referred to in section 1(a)(1). 

7 (2) PROPERTY.—The term ‘‘property’’ means 

8 the parcel of Clark County Department of Aviation 

9 land consisting of approximately 11.404 acres located in the north half (N 1 10 ⁄2) of the northeast quarter (NE 1 11 ⁄4) of section 32, township 21 south, range 

12 61 east, Mountain Diablo Base and Meridian, Clark 

13 County, Nevada.

Æ