H. R. 449
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To provide for the orderly disposal of certain Federal lands in Clark County, Nevada,
and to provide for the acquisition of environmentally sensitive lands in the State
of Nevada.
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 ‘‘Southern Nevada Public Land
Management Act of 1998’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in small and large parcels interspersed with or adja-
cent to private land in the Las Vegas Valley, Nevada, making
many of these parcels difficult to manage and more appropriate
for disposal.
(2) 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.
(3) 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 Canyon National Conservation Area, and the Spring
Mountains National Recreation Area, which surround 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 environmentally 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 ‘‘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.
(3) The term ‘‘Agreement’’ means the agreement entitled
‘‘The Interim Cooperative Management Agreement Between
The United States Department of the Interior—Bureau of Land
Management and Clark County’’, dated November 4, 1992.
H. R. 449—2
(4) The term ‘‘special account’’ means the account in the
Treasury of the United States established under section
4(e)(1)(C).
(5) The term ‘‘Recreation and Public Purposes Act’’ means
the Act entitled ‘‘An Act to authorize acquisition or use of
public lands by States, counties, or municipalities for rec-
reational purposes’’, approved June 14, 1926 (43 U.S.C. 869
et seq.).
(6) The term ‘‘regional governmental entity’’ means the
Southern Nevada Water Authority, the Regional Flood Control
District, and the Clark County Sanitation District.
SEC. 4. DISPOSAL AND EXCHANGE.
(a) DISPOSAL.—Notwithstanding the land use planning require-
ments 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, the Federal Land Policy
and Management Act of 1976, and other applicable law, and subject
to valid existing rights, is authorized to dispose of lands within
the boundary of the area under the jurisdiction of the Director
of the Bureau of Land Management in Clark County, Nevada,
as generally depicted on the map entitled ‘‘Las Vegas Valley,
Nevada, Land Disposal Map’’, dated April 10, 1997. 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) RECREATION AND PUBLIC PURPOSE ACT CONVEYANCES.—
Not less than 30 days before the offering of lands for sale
or exchange pursuant to subsection (a), the State of Nevada
or the unit of local government in whose jurisdiction the lands
are located may elect to obtain any such lands for local public
purposes pursuant to the provisions of the Recreation and
Public Purposes Act. Pursuant to any such election, the Sec-
retary shall retain the elected lands for conveyance to the
State of Nevada or such unit of the local government in accord-
ance with the provisions of the Recreation and Public Purposes
Act.
(2) RIGHTS-OF-WAY.—
(A) ISSUANCE.—Upon application, by a unit of local
government or regional governmental entity, the Secretary,
in accordance with this Act and the Federal Land Policy
and Management Act of 1976, and other applicable provi-
sions of law, shall issue right-of-way grants on Federal
lands in Clark County, Nevada, for all reservoirs, canals,
channels, ditches, pipes, pipelines, tunnels, and other facili-
ties and systems needed for—
(i) the impoundment, storage, treatment, transpor-
tation, or distribution of water (other than water from
the Virgin River) or wastewater; or
(ii) flood control management.
(B) DURATION.—Right-of-way grants issued under this
paragraph shall be valid in perpetuity.
(C) WAIVER
OF
FEES.—Right-of-way grants issued
under this paragraph shall not require the payment of
rental or cost recovery fees.
H. R. 449—3
(3) YOUTH ACTIVITY FACILITIES.—Within 30 days after a
request by Clark County, Nevada, the Secretary shall offer
to Clark County, Nevada, the land depicted on the map entitled
‘‘Vicinity Map Parcel 177–28–101–020 dated August 14, 1996,
in accordance with the Recreation and Public Purposes Act
for the construction of youth activity facilities.
(c) WITHDRAWAL.—Subject to valid existing rights, all Federal
lands identified in subsection (a) for disposal are withdrawn from
location and entry, under the mining laws and from operation
under the mineral leasing and geothermal leasing laws until such
time as the Secretary terminates the withdrawal or the lands
are patented.
(d) SELECTION.—
(1) JOINT SELECTION REQUIRED.—The Secretary and the
unit of local government in whose jurisdiction lands referred
to in subsection (a) are located shall jointly select lands to
be offered for sale or exchange under this section. The Secretary
shall coordinate land disposal activities with the unit of local
government in whose jurisdiction such lands are located. Land
disposal activities of the Secretary shall be consistent with
local land use planning and zoning requirements and rec-
ommendations.
(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 the enactment
of this Act.
(e) DISPOSITION OF PROCEEDS.—
(1) LAND SALES.—Of the gross proceeds of sales of land
under this subsection in a fiscal year—
(A) 5 percent shall be paid directly to the State of
Nevada for use in the general education program of the
State;
(B) 10 percent shall be paid directly to the Southern
Nevada Water Authority for water treatment and trans-
mission facility infrastructure in Clark County, Nevada;
and
(C) the remainder shall be deposited in a special
account in the Treasury of the United States for use pursu-
ant to the provisions of paragraph (3).
Amounts in the special account shall be available to the Sec-
retary without further appropriation and shall remain available
until expended.
(2) LAND EXCHANGES.—
(A) PAYMENTS.—In the case of a land exchange under
this section, the non-Federal party shall provide direct
payments to the State of Nevada and the Southern Nevada
Water Authority in accordance with paragraphs (1)(A) and
(B). The payments shall be based on the fair market value
of the Federal lands to be conveyed in the exchange and
shall be considered a cost incurred by the non-Federal
party that shall be compensated by the Secretary if so
provided by any agreement to initiate exchange.
(B) PENDING EXCHANGES.—The provisions of this Act,
except this subsection and subsections (a) and (b), shall
not apply to any land exchange for which an initial agree-
ment to initiate an exchange was signed by an authorized
H. R. 449—4
representative of the exchange proponent and an author-
ized officer of the Bureau of Land Management prior to
February 29, 1996.
(3) AVAILABILITY OF SPECIAL ACCOUNT.—
(A) IN
GENERAL.—Amounts deposited in the special
account may be expended by the Secretary for—
(i) the acquisition of environmentally sensitive
land in the State of Nevada in accordance with sub-
section (h), with priority given to lands located within
Clark County;
(ii) capital improvements at the Lake Mead
National Recreation Area, the Desert National Wildlife
Refuge, 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;
(iii) 
development 
of 
a 
multispecies 
habitat
conservation plan in Clark County, Nevada;
(iv) development of parks, trails, and natural areas
in Clark County, Nevada, pursuant to a cooperative
agreement with a unit of local government; and
(v) reimbursement of costs incurred by the local
offices of the Bureau of Land Management in arranging
sales or exchanges under this Act.
(B) PROCEDURES.—The Secretary shall coordinate the
use of the special account with the Secretary of Agriculture,
the State of Nevada, local governments, and other
interested persons, to ensure accountability and dem-
onstrated results.
(C) LIMITATION.—Not more than 25 percent of the
amounts available to the Secretary from the special account
in any fiscal year (determined without taking into account
amounts deposited under subsection (g)(4)) may be used
in any fiscal year for the purposes described in subpara-
graph (A)(ii).
(f ) INVESTMENT OF SPECIAL ACCOUNT.—All funds deposited as
principal 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 obligations
of the United States of comparable maturities. Such interest shall
be added to the principal of the account and expended according
to 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 accord-
ance with the Agreement and with section 47504 of title 49,
United States Code (relating to airport noise compatibility plan-
ning), and regulations promulgated pursuant to that section.
(3) Clark County agrees that if any of such lands are
sold, leased, or otherwise conveyed or leased by Clark County,
such sale, lease, or other conveyance shall contain a limitation
which requires uses compatible with the Agreement and such
Airport Noise Compatibility Planning provisions.
H. R. 449—5
(4) Clark County agrees that if any of such lands are
sold, leased, or otherwise conveyed by Clark County, such lands
shall be sold, leased, or otherwise conveyed for fair market
value. Clark County shall contribute 85 percent of the gross
proceeds from the sale, lease, or other conveyance of such
lands directly to the special account. If any of such lands
sold, leased, or otherwise conveyed by Clark County are identi-
fied 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
December 23, 1980 (94 Stat. 3381; commonly known as the
‘‘Santini-Burton Act’’), the proceeds contributed to the special
account by Clark County from the sale, lease, or other convey-
ance of such lands shall be used by the Secretary of Agriculture
to acquire environmentally sensitive land in the Lake Tahoe
Basin pursuant to section 3 of the Santini-Burton Act. Clark
County shall contribute 5 percent of the gross proceeds from
the sale, lease, or other conveyance of such lands directly to
the State of Nevada for use in the general education program
of the State, and the remainder shall be available for use
by the Clark County Department of Aviation for the benefit
of airport development and the Noise Compatibility Program.
SEC. 5. ACQUISITIONS.
(a) ACQUISITIONS.—
(1) DEFINITION.—For purposes of this subsection, the term
‘‘environmentally sensitive land’’ means land or an interest
in land, the acquisition of which the United States would,
in the judgment of the Secretary or the Secretary of Agri-
culture—
(A) promote the preservation of natural, scientific, aes-
thetic, historical, cultural, watershed, wildlife, and other
values contributing to public enjoyment and biological
diversity;
(B) enhance recreational opportunities and public
access;
(C) provide the opportunity to achieve better manage-
ment of public land through consolidation of Federal owner-
ship; or
(D) otherwise serve the public interest.
(2) IN GENERAL.—After the consultation process has been
completed in accordance with paragraph (3), the Secretary may
acquire with the proceeds of the special account environ-
mentally sensitive land and interests in environmentally sen-
sitive land. Lands may not be acquired under this section
without the consent of the owner thereof. Funds made available
from the special account may be used with any other funds
made available under any other provision of law.
(3) CONSULTATION.—Before initiating efforts to acquire land
under this subsection, the Secretary 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 mak-
ing the acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
H. R. 449—6
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 land 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 or national recreation
area established by Act of Congress—
(1) shall become part of the unit or area without further
action by the Secretary 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 acquired by the Secretary
or the Secretary of Agriculture under this section shall be deter-
mined pursuant to section 206 of the Federal Land Policy and
Management Act of 1976 and shall be consistent with other
applicable requirements and standards. Fair market value shall
be determined 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) PAYMENTS IN LIEU OF TAXES.—Section 6901(1) of title 31,
United States Code, is amended as follows:
(1) By striking ‘‘or’’ at the end of subparagraph (F).
(2) By striking the period at the end of subparagraph
(G) and inserting ‘‘; or’’.
(3) By adding at the end the following:
‘‘(H) acquired by the Secretary of the Interior or the
Secretary of Agriculture under section 5 of the Southern
Nevada Public Land Management Act of 1998 that is not
otherwise described in subparagraphs (A) through (G).’’.
SEC. 6. 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 an annual report on all transactions under this
Act.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) TRANSFER OF REVERSIONARY INTEREST.—
(1) IN GENERAL.—Upon request by a grantee of lands within
Clark County, Nevada, that are subject to a lease or patent
issued under the Recreation and Public Purposes Act, the Sec-
retary may transfer the reversionary interest in such lands
to other non-Federal lands. The transfer of the reversionary
interest shall only be made to lands of equal value, except
that with respect to the State of Nevada or a unit of local
government an amount equal to the excess (if any) of the
fair market value of lands received by the unit of local govern-
ment over the fair market value of lands transferred by the
unit of local government shall be paid to the Secretary and
shall be treated under subsection (e)(1) of section 4 as proceeds
from the sale of land. For purposes of this subsection, the
fair market value of lands to be transferred by the State of
H. R. 449—7
Nevada or a unit of local government may be based upon
a statement of value prepared by a qualified appraiser.
(2) 
TERMS
AND
CONDITIONS
APPLICABLE
TO
LANDS
ACQUIRED.—Land selected under this subsection by a grantee
described in paragraph (1) shall be subject to the terms and
conditions, uses, and acreage limitations of the lease or patent
to which the lands transferred by the grantee were subject,
including the reverter provisions, under the Recreation and
Public Purposes Act.
(b) AFFORDABLE HOUSING.—The Secretary, in consultation with
the Secretary of Housing and Urban Development, may make avail-
able, in accordance with section 203 of the Federal Land Planning
and Management Act of 1976, land in the State of Nevada at
less than fair market value and under other such terms and condi-
tions as he may determine for affordable housing purposes. Such
lands shall be made available only to State or local governmental
entities, including local public housing authorities. For the purposes
of this subsection, housing shall be considered to be affordable
housing if the housing serves low-income families as defined in
section 104 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12704).
SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL
CONSERVATION AREA.
Section 3(a)(2) of the Red Rock Canyon National Conservation
Area Establishment Act of 1990 (16 U.S.C. 460ccc–1(a)(2)) is
amended to read as follows:
‘‘(2) The conservation area shall consist of approximately
195,780 acres as generally depicted on the map entitled ‘Red Rock
Canyon National Conservation Area Administrative Boundary
Modification’, dated August 8, 1996.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.