erning body of each city and county in the State ex-
cept the cities of Las Vegas, Henderson, and North
Las Vegas.
SEC. 4. DISPOSAL AND EXCHANGE.
(a) DISPOSAL.—In accordance with this Act, the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable law and subject
to valid existing rights, the Secretary may dispose of pub-
lic land under current land use plans maintained under
section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713), other than land that is
identified for disposal under the Southern Nevada Public
Land Management Act of 1998 (Public Law 105–263;
112 Stat. 2343).
(b) RECREATION AND PUBLIC PURPOSE CONVEY-
ANCES.—
(1) IN GENERAL.—Not less than 30 days before
offering land for sale or exchange under subsection
(a), the State or the unit of local government in the
jurisdiction of which the land is located may elect to
obtain the land for local public purposes under the
Act entitled ‘‘An Act to authorize acquisition or use
of public lands by States, counties, or municipalities
for recreational purposes’’, approved June 14, 1926
(commonly known as the ‘‘Recreation and Public
Purposes Act’’) (43 U.S.C. 869 et seq.).
(2) RETENTION BY SECRETARY.—If the State
or unit of local government elects to obtain the land,
the Secretary shall retain the land for conveyance to
the State or unit of local government in accordance
with that Act.
(c) WITHDRAWAL.—Subject to valid existing rights,
all Federal land selected for disposal under subsection
(d)(1) is withdrawn from location and entry under the
mining laws and from operation under the mineral leasing
and geothermal leasing laws until the Secretary termi-
nates the withdrawal or the land is patented.
(d) SELECTION.—
(1) IN GENERAL.—The Secretary, the unit of
local government that has jurisdiction over land
identified for disposal under subsection (a), and the
State shall jointly select land to be offered for sale
or exchange under this section.
(2) COORDINATION.—The Secretary shall co-
ordinate land disposal activities with the unit of local
government under the jurisdiction of which the land
is located.
(3) LOCAL LAND USE PLANNING AND ZONING
REQUIREMENTS.—The Secretary shall dispose of
land under this section in a manner that is con-
sistent with local land use planning and zoning re-
quirements and recommendations.
(e) SALES OFFERING, PRICE, PROCEDURES, AND
PROHIBITIONS.—
(1) OFFERING.—The Secretary shall make the
first offering of land as soon as practicable after
land has been selected under subsection (d).
(2) SALE PRICE.—
(A) IN
GENERAL.—The Secretary shall
make all sales of land under this section at a
price that is not less than the fair market value
of the land, as determined by the Secretary.
(B) 
AFFORDABLE
HOUSING.—Subpara-
graph (A) does not affect the authority of the
Secretary to make land available at less than
fair market value for affordable housing pur-
poses under section 7(b) of the Southern Ne-
vada Public Land Management Act of 1998
(Public Law 105–263; 112 Stat. 2349).
(3) COMPETITIVE BIDDING.—
(A) IN GENERAL.—The sale of public land
selected under subsection (d) shall be conducted
in accordance with sections 203 and 209 of the
Federal Land Policy and Management Act of
1976 (43 U.S.C. 1713, 1719).
(B) EXCEPTIONS.—The exceptions to com-
petitive bidding requirements under section
203(f) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1713(f)) shall
apply to sales under this Act in cases in which
the Secretary determines that application of an
exception is necessary and proper.
(C) NOTICE
OF
COMPETITIVE
BIDDING
PROCEDURES.—The Secretary shall also ensure
adequate notice of competitive bidding proce-
dures to—
(i) owners of land adjoining the land
proposed for sale;
(ii) local governments in the vicinity
of the land proposed for sale; and
(iii) the State.
(4) PROHIBITIONS.—A sale of a tract of land
selected under subsection (d) shall not be under-
taken if the Federal costs of sale preparation and
processing are estimated to exceed the proceeds of
the sale.
(f) DISPOSITION OF PROCEEDS.—
(1) LAND
SALES.—Of the gross proceeds of
sales of land under this section during a fiscal
year—
(A) 5 percent shall be paid to the State for
use in the general education program of the
State;
(B) 45 percent shall be paid directly to the
local unit of government in the jurisdiction of
which the land is located for use as determined
by the unit of local government, with consider-
ation given to use for support of health care de-
livery, law enforcement, and schools; and
(C) 50 percent shall be deposited in the
Special Account.
(2) LAND EXCHANGES.—
(A) IN
GENERAL.—In a land exchange
under this section, the non-Federal party shall
provide direct payment to the unit of local gov-
ernment in the jurisdiction of which the land is
located in an amount equal to 15 percent of the
fair market value of the Federal land conveyed
in the exchange.
(B) TREATMENT OF PAYMENTS AS COST
INCURRED.—If any agreement to initiate the
exchange so provides, a payment under sub-
paragraph (A) shall be considered to be a cost
incurred by the non-Federal party that shall be
compensated by the Secretary.
(C) PENDING
EXCHANGES.—This Act,
other than subsections (a) and (b) and this sub-
section, shall not apply to any land exchange
for which an initial agreement to initiate an ex-
change was signed by an authorized representa-
tive of the exchange proponent and an author-
ized officer of the Bureau of Land Management
before the date of enactment of this Act.
(g) ADDITIONAL DISPOSAL LAND.—Public land iden-
tified for disposal in the State under a replacement of or
amendment to a current land use plan shall be subject
to this Act.
SEC. 5. ACQUISITION OF ENVIRONMENTALLY SENSITIVE
LAND.
(a) IN GENERAL.—After consultation in accordance
with subsection (c), the Secretary may use funds in the
Special Account and any other funds that are made avail-
able by law to acquire environmentally sensitive land and
interests in environmentally sensitive land.
(b) CONSENT.—The Secretary may acquire environ-
mentally sensitive land under this section only from willing
sellers.
(c) PERMISSION.—
(1) IN GENERAL.—Before initiating efforts to
acquire environmentally sensitive land under this
section, the Secretary or the Secretary of Agri-
culture shall consult and obtain consent from the
State and units of local government under the juris-
diction of which the environmentally sensitive land is
located (including appropriate planning and regu-
latory agencies) before they can acquire the land.
(2) INFORMATION.—The Secretary or Secretary
of Agriculture shall provide the State and units of
local government with the following:
(A) An explanation of why the acquisition
is necessary.
(B) An analysis of the potential impact of
the acquisition on State and local government.
(C) Information regarding other appro-
priate aspects of the acquisition.
(d) ADMINISTRATION.—On acceptance of title by the
United States, any environmentally sensitive land or inter-
est in environmentally sensitive land acquired under this
section that is within the boundaries of a unit of the Na-
tional Forest System, the National Park System, the Na-
tional Wildlife Refuge System, the National Wild and Sce-
nic Rivers System, the National Trails System, the Na-
tional Wilderness Preservation System, any other system
established by law, or any national conservation or recre-
ation area established by law—
(1) shall become part of the unit or area with-
out further action by the Secretary or Secretary of
Agriculture; and
(2) shall be managed in accordance with all
laws (including regulations) and land use plans ap-
plicable to the unit or area.
(e) FAIR MARKET VALUE.—The fair market value of
environmentally sensitive land or an interest in environ-
mentally sensitive land to be acquired by the Secretary
or the Secretary of Agriculture under this section shall
be determined—
(1) under section 206 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1711)
and other applicable requirements and standards;
and
(2) without regard to the presence of a species
listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(f) PAYMENTS IN LIEU OF TAXES.—Section 6901(1)
of title 31, United States Code, is amended—
(1) in subparagraph (G), by striking ‘‘or’’ at
the end;
(2) in subparagraph (H), by striking the period
at the end and inserting ‘‘; or ’’; and
(3) by adding at the end the following:
‘‘(I) acquired by the Secretary of the Inte-
rior or the Secretary of Agriculture under sec-
tion 5 of the Nevada Public Land Management
Act of 1999 that is not otherwise described in
subparagraphs (A) through (G).’’.
SEC. 6. SPECIAL ACCOUNT.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a separate account to be
used in carrying out this Act.
(b) CONTENTS.—The Special Account shall consist
of—
(1) amounts deposited in the Special Account
under section 4(f)(1)(B);
(2) donations to the Special Account; and
(3) appropriations to the Special Account.
(c) USE.—
(1) IN GENERAL.—Amounts in the Special Ac-
count shall be available to the Secretary until ex-
pended, without further Act of appropriation, to
pay—
(A) subject to paragraph (2), costs in-
curred by the Bureau of Land Management in
arranging sales or exchanges under this Act, in-
cluding the costs of land boundary surveys,
compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
appraisals, environmental and cultural clear-
ances, and public notice;
(B) the cost of acquisition of environ-
mentally sensitive land or interest in such land
in the State;
(C) the cost of carrying out any necessary
revision or amendment of a current land use
plan of the Bureau of Land Management that
relates to land sold, exchanged, or acquired
under this Act;
(D) the cost of projects or programs to re-
store or protect wetlands, riparian areas, or cul-
tural, historic, prehistoric, or paleontological re-
sources, including petroglyphs;
(E) the cost of projects, programs, or land
acquisition to stabilize or restore water quality
and lake levels in Walker Lake; and
(F) related costs determined by the Sec-
retary.
(2) LIMITATIONS.—
(A) COSTS IN ARRANGING SALES OR EX-
CHANGES.—Costs charged against the Special
Account for the purposes described in para-
graph (1)(A) shall not exceed the minimum
amount practicable in view of the fair market
value of the Federal land to be sold or ex-
changed.
(B) ACQUISITION.—Not more than 50 per-
cent of the amounts deposited in the Special
Account in any fiscal year may be used in that
fiscal year or any subsequent fiscal year for the
purpose described in paragraph (1)(B).
(3) PLAN REVISIONS AND AMENDMENTS.—The
process of revising or amending a land use plan shall
not cause delay or postponement in the implementa-
tion of this Act.
(d) INTEREST.—All funds deposited in the Special
Account shall earn interest in the amount determined by
the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities. Such
interest shall be added to the principal of the account and
expended in accordance with subsection 6(c).
(e) COORDINATION.—The Secretary shall coordinate
the use of the Special Account with the Secretary of Agri-
culture, the State, and units of local government in which
land or an interest in land may be acquired, to ensure
accountability and demonstrated results.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
SEC. 7. REPORT.
The Secretary, in cooperation with the Secretary of
Agriculture, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a biennial re-
port that describes each transaction that is carried out
under this Act.
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