I
104TH CONGRESS
2D SESSION
H. R. 3127
To provide for the orderly disposal of Federal lands in Southern Nevada,
and for the acquisition of certain environmentally sensitive lands in
Nevada, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. ENSIGN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the orderly disposal of Federal lands in South-
ern Nevada, and for the acquisition of certain environ-
mentally sensitive lands in Nevada, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Southern Nevada Pub-
lic Land Management Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Bureau of Land Management has ex-
tensive land ownership in small and large parcels
interspersed with or adjacent to private land in the
Las Vegas valley, Nevada, making many of these
parcels difficult to manage and more appropriate for
disposal.
(2) The ad hoc disposal of Federal land by the
Bureau of Land Management has significantly con-
tributed to growth in the Las Vegas valley, imposing
substantial costs on local government.
(3) In order to promote responsible and orderly
development in the Las Vegas valley, certain of
those Federal lands should be sold by the Federal
Government based on recommendations made by
local government and the public.
(4) The value of Federal lands in the Las
Vegas valley is enhanced by local infrastructure im-
provements which are paid for by local government.
(5) The Las Vegas metropolitan area is the
fastest growing urban area in the United States,
which is causing significant impacts upon the Lake
Mead National Recreation Area, the Red Rock Can-
yon National Conservation Area, and the Spring
Mountains National Recreation Area, which sur-
round the Las Vegas valley.
(b) PURPOSE.—The purpose of this Act is to provide
for the orderly disposal of certain Federal lands in Clark
County, Nevada, and to provide for the acquisition of envi-
ronmentally sensitive lands in the State of Nevada.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agri-
culture.
(3) The term ‘‘unit of local government’’ means
Clark County, the City of Las Vegas, the City of
North Las Vegas, or the City of Henderson; all in
the State of Nevada.
(4) The term ‘‘Agreement’’ means the agree-
ment entitled ‘‘The Interim Cooperative Manage-
ment Agreement Between The United States De-
partment of the Interior—Bureau of Land Manage-
ment and Clark County’’, dated November 4, 1992.
(5) The term ‘‘special account’’ means the ac-
count in the Treasury of the United States estab-
lished under section 4(e)(1)(D).
SEC. 4. DISPOSAL.
(a) DISPOSAL.—Notwithstanding the land use plan-
ning requirements contained in sections 202 and 203 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1711 and 1712), the Secretary, in accordance
with this Act, shall by sale or exchange dispose of Federal
lands within the boundary of the area under the jurisdic-
tion of the Director of the Bureau of Land Management
in Clark County, Nevada, generally depicted on the map
entitled ‘‘Las Vegas Valley, Nevada, Land Disposal Map’’,
numbered ll, and dated ll. Such map shall be on
file and available for public inspection in the offices of the
Director and the Las Vegas District of the Bureau of
Land Management.
(b) RESERVATION FOR LOCAL PUBLIC PURPOSES.—
(1) ELECTION
AND
CONVEYANCE
TO
LOCAL
GOVERNMENTS.—Not less than 90 days before the
issuance of a patent to lands pursuant to subsection
(a), the unit of local government in whose jurisdic-
tion the lands are located may elect to obtain, with-
out consideration, up to 12 percent of the lands for
local public purposes. Pursuant to any such election,
the Secretary shall convey the elected lands to such
unit of local government.
(2) REVERTER.—Except as provided by para-
graph (3), if lands acquired by a unit of local gov-
ernment under paragraph (1) are disposed of by
that unit or otherwise cease to be used for local pub-
lic purposes, such lands shall revert to the United
States. Lands revested in the United States under
this paragraph shall be offered for disposal in ac-
cordance with this Act.
(3) EXCEPTION FOR EXCHANGES.—Lands ac-
quired by a unit of local government under para-
graph (1) may be exchanged for private lands pursu-
ant to section 7.
(c) WITHDRAWAL.—Subject to valid existing rights,
all Federal lands identified in subsection (a) for disposal
are withdrawn from location, entry, and patent under the
mining laws and from operation under the mineral leasing
and geothermal leasing laws.
(d) SELECTION.—
(1) JOINT
SELECTION
REQUIRED.—The Sec-
retary and the unit of local government in whose ju-
risdiction lands referred to in subsection (a) are lo-
cated shall jointly select lands to be offered for sale
or exchange under this section. If agreement cannot
be reached on joint selection with respect to a parcel
of land, the parcel may not be offered for sale or ex-
change under subsection (a).
(2) OFFERING.—After land has been selected in
accordance with this subsection, the Secretary shall
make the first offering of land as soon as practicable
after the date of enactment of this Act.
(e) DISPOSITION OF PROCEEDS.—
(1) LAND
SALES.—Of the gross proceeds of
sales of land under this section in a fiscal year:
(A) 5 percent shall be paid directly to the
State of Nevada for use in the general edu-
cation program of the State.
(B) 25 percent shall be paid directly to the
Southern Nevada Water Authority for water
treatment and transmission facility infrastruc-
ture in Clark County, Nevada.
(C) 20 percent shall be paid directly to
Clark County, Nevada, for development of
parks and trails and for public recreation pur-
poses within the Las Vegas valley after the
adoption of an interlocal agreement among
Clark County, the City of Las Vegas, the City
of North Las Vegas, and the City of Hender-
son.
(D) The remainder shall be deposited in a
special account in the Treasury of the United
States for use pursuant to the provisions of
paragraphs (2) and (3). Amounts in the special
account shall be available to the Secretaries
without further appropriation and shall remain
available until expended.
(2) LAND EXCHANGES.—In the case of a land
exchange under this section (other than a land ex-
change pursuant to subsection (b)(3)), the Secretary
shall provide direct payments pursuant to para-
graphs (1)(A), (B), and (C) from any cash equali-
zation payment made to the Secretary pursuant to
the exchange agreement and from the special ac-
count. The payments shall be based on the appraised
fair market value of the Federal lands to be con-
veyed in the exchange.
(3) AVAILABILITY OF SPECIAL ACCOUNT.—
(A) IN
GENERAL.—In addition to pay-
ments under paragraph (2), amounts deposited
in the special account may be expended by the
Secretaries, acting jointly, for—
(i) the acquisition of environmentally
sensitive land in the State of Nevada in ac-
cordance with section 5, with priority given
to lands located within Clark County;
(ii) infrastructure needs associated
with recreation and resource protection
programs at the Lake Mead National
Recreation Area, the Red Rock Canyon
National Conservation Area and other
areas administered by the Bureau of Land
Management in Clark County, and the
Spring Mountains National Recreation
Area in the State of Nevada; and
(iii) development of a multi-species
habitat conservation plan in Clark County,
Nevada.
(B) PROCEDURES.—The Secretaries shall
jointly develop procedures for the use of the
special account that ensure accountability and
demonstrated results.
(C) LIMITATION.—Not more than 50 per-
cent of the amounts available to the Secretaries
from the special account in any fiscal year (de-
termined without taking into account amounts
deposited under subsection (g)(4)) may be used
for the purposes described in subparagraph
(A)(ii).
(f) INVESTMENT OF SPECIAL ACCOUNT.—All funds
deposited as principal in the special account shall earn in-
terest in the amount determined by the Secretary of the
Treasury on the basis of the current average market yield
on outstanding marketable obligations of the United
States of comparable maturities. Such interest shall be
added to the principal of the account and expended in ac-
cordance with the provisions of subsection (e)(3).
(g) AIRPORT ENVIRONS OVERLAY DISTRICT LAND
TRANSFER.—Upon request of Clark County, Nevada, the
Secretary shall transfer to Clark County, Nevada, without
consideration, all right, title, and interest of the United
States in and to the lands identified in the Agreement,
subject to the following:
(1) Valid existing rights.
(2) Clark County agrees to manage such lands
in accordance with the Agreement and with section
47504 of title 49, United States Code, (relating to
airport noise compatibility planning) and regulations
promulgated pursuant to that section.
(3) Clark County agrees that if any of such
lands are sold or leased by Clark County, such sale
or lease shall contain a limitation which requires
uses compatible with the Agreement and such Air-
port Noise Compatibility Planning provisions.
(4) Clark County agrees that if any of such
lands are sold or leased by Clark County and are
identified on the map referenced in section 2(a) of
the Act entitled ‘‘An Act to provide for the orderly
disposal of certain Federal lands in Nevada and for
the acquisition of certain other lands in the Lake
Tahoe Basin, and for other purposes’’, approved De-
cember 23, 1980 (94 Stat. 3381; commonly known
as the ‘‘Santini-Burton Act’’), Clark County shall
contribute 85 percent of all proceeds from the sale
or lease of such lands directly to the special account.
Such proceeds shall be used by the Secretary of Ag-
riculture to acquire environmentally sensitive land in
the Lake Tahoe Basin pursuant to section 3 of the
Santini-Burton Act. The remaining proceeds shall be
available for use by the Clark County Department
of Aviation for the benefit of airport development
and infrastructure.
SEC. 5. ACQUISITIONS.
(a) ACQUISITIONS.—
(1) DEFINITION.—For purposes of this section,
the term ‘‘environmentally sensitive land’’ means
land or an interest in land, the acquisition of which
by the United States would, in the judgment of the
Secretary of the Interior or the Secretary of Agri-
culture—
(A) facilitate the preservation of natural,
scientific, aesthetic, historical, cultural, water-
shed, wildlife, and other values contributing to
public enjoyment and biological diversity;
(B) enhance recreational opportunities and
public access;
(C) provide the opportunity to achieve bet-
ter management of public land through consoli-
dation of Federal ownership; or
(D) otherwise serve the public interest.
(2) IN GENERAL.—After the consultation proc-
ess has been completed in accordance with para-
graph (3), the Secretaries may acquire by donation,
purchase with donated or appropriated funds, or ex-
change environmentally sensitive land and interests
in environmentally sensitive land. Lands may not be
acquired under this section without the consent of
the owner thereof.
(3) CONSULTATION.—Before initiating acquisi-
tion proceedings for lands under this subsection, the
Secretary of the Interior or the Secretary of Agri-
culture shall consult with the State of Nevada and
with local government within whose jurisdiction the
lands are located, including appropriate planning
and regulatory agencies, and with other interested
persons, concerning the necessity of making the ac-
quisition, the potential impacts on State and local
government, and other appropriate aspects of the ac-
quisition. Consultation under this paragraph is in
addition to any other consultation required by law.
(b) ADMINISTRATION.—On acceptance of title by the
United States, land and interests in lands acquired under
this section that is within the boundaries of a unit of the
National Forest System, National Park System, National
Wildlife Refuge System, National Wild and Scenic Rivers
System, National Trails System, National Wilderness
Preservation System, any other system established by Act
of Congress, or any national conservation area or national
recreation area established by Act of Congress—
(1) shall become part of the unit or area with-
out further action by the Secretary of the Interior
or Secretary of Agriculture; and
(2) shall be managed in accordance with all
laws and regulations and land use plans applicable
to the unit or area.
(c) DETERMINATION OF FAIR MARKET VALUE.—The
fair market value of land or an interest in land to be ac-
quired by the Secretary of the Interior or the Secretary
of Agriculture under this section shall be determined by
an appraisal made under section 206 of Federal Land Pol-
icy and Management Act of 1976. Any such appraisal
shall be made without regard to the presence of a species
listed as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) WATER RIGHTS.—
(1) NO
FEDERAL
RESERVATION.—Nothing in
this Act or any other Act of Congress shall con-
stitute or be construed to constitute either an ex-
press or implied Federal reservation of water or
water rights for any purpose arising from the acqui-
sition of lands or interests in lands under this Act.
(2) ACQUISITION
AND
EXERCISE
OF
WATER
RIGHTS UNDER NEVADA LAW.—The United States
may acquire and exercise such water rights as it
deems necessary to carry out its responsibilities on
any lands and interests in lands acquired under this
Act pursuant to the substantive and procedural re-
quirements of the State of Nevada. Nothing in this
Act shall be construed to authorize the use of emi-
nent domain by the United States to acquire water
rights for such lands or interests in lands. Within
areas acquired by this Act, all rights to water grant-
ed under the laws of the State of Nevada may be ex-
ercised in accordance with the substantive and pro-
cedural requirements of the State of Nevada.
(3) EXERCISE OF WATER RIGHTS GENERALLY
UNDER NEVADA LAWS.—Nothing in this Act shall be
construed to limit the exercise of water rights as
provided under Nevada State laws.
(e) PAYMENTS IN LIEU OF TAXES.—Section 6901(1)
of title 31, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(F);
(2) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(H) acquired by the Secretary of the Inte-
rior or the Secretary of Agriculture under sec-
tion 5 of the Southern Nevada Public Land
Management Act of 1996 that is not otherwise
described in subparagraphs (A) through (G).’’.
SEC. 6. REPORT.
The Secretary of the Interior, 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
an annual report on all transactions under this Act.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) EXCHANGES.—
(1) IN GENERAL.—Upon request by a person
described in paragraph (2), the Secretary may enter
into an exchange of lands pursuant to section 206