H. R. 1695
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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.
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 ‘‘Ivanpah Valley Airport Public
Lands Transfer Act’’.
SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.
(a) IN
GENERAL.—Notwithstanding the land use planning
requirements contained in sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712 and
1713), but subject to subsection (b) of this section and valid existing
rights, the Secretary shall convey to the County all right, title,
and interest of the United States in and to the Federal public
lands identified for disposition on the map entitled ‘‘Ivanpah Valley,
Nevada-Airport Selections’’ numbered 01, and dated April 1999,
for the purpose of developing an airport facility and related infra-
structure. The Secretary shall keep such map on file and available
for public inspection in the offices of the Director of the Bureau
of Land Management and in the district office of the Bureau located
in Las Vegas, Nevada.
(b) CONDITIONS.—The Secretary shall make no conveyance
under subsection (a) until each of the following conditions are
fulfilled:
(1) The County has conducted an airspace assessment,
using the airspace management plan required by section 4(a),
to identify any potential adverse effects on access to the Las
Vegas Basin under visual flight rules that would result from
the construction and operation of a commercial or primary
airport, or both, on the land to be conveyed.
(2) The Federal Aviation Administration has made a certifi-
cation under section 4(b).
(3) The County has entered into an agreement with the
Secretary to retain ownership of Jean Airport, located at Jean,
Nevada, and to maintain and operate such airport for general
aviation purposes.
(c) PAYMENT.—
(1) IN GENERAL.—As consideration for the conveyance of
each parcel, the County shall pay to the United States an
amount equal to the fair market value of the parcel.
H. R. 1695—2
(2) DEPOSIT IN SPECIAL ACCOUNT.—(A) The Secretary shall
deposit the payments received under paragraph (1) into the
special account described in section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2345).
Such funds may be expended only for the acquisition of private
inholdings in the Mojave National Preserve and for the protec-
tion and management of the petroglyph resources in Clark
County, Nevada. The second sentence of section 4(f ) of such
Act (112 Stat. 2346) shall not apply to interest earned on
amounts deposited under this paragraph.
(B) The Secretary may not expend funds pursuant to this
section until—
(i) the provisions of section 5 of this Act have been
completed; and
(ii) a final Record of Decision pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
has been issued which permits development of an airport
at the Ivanpah site.
(d) REVERSION
AND
REENTRY.—If, following completion of
compliance with section 5 of this Act and in accordance with the
findings made by the actions taken in compliance with such section,
the Federal Aviation Administration and the County determine
that an airport should not be constructed on the conveyed lands—
(1) the Secretary of the Interior shall immediately refund
to the County all payments made to the United States for
such lands under subsection (c); and
(2) upon such payment—
(A) all right, title, and interest in the lands conveyed
to the County under this Act shall revert to the United
States; and
(B) the Secretary may reenter such lands.
SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.
The public lands referred to in section 2(a) are withdrawn
from mineral entry under the Act of May 10, 1872 (30 U.S.C.
22 et seq.; popularly known as the Mining Law of 1872) and
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.
(a) DEVELOPMENT OF AIRSPACE MANAGEMENT PLAN.—The Sec-
retary of Transportation shall, in consultation with the Secretary,
prior to the conveyance of the land referred to in section 2(a),
develop an airspace management plan for the Ivanpah Valley Air-
port that shall, to the maximum extent practicable and without
adversely impacting safety considerations, restrict aircraft arrivals
and departures over the Mojave Desert Preserve in California.
(b) CERTIFICATION OF ASSESSMENT.—The Administrator of the
Federal Aviation Administration shall certify to the Secretary that
the assessment made by the County under section 2(b)(1) is thor-
ough and that alternatives have been developed to address each
adverse effect identified in the assessment, including alternatives
that ensure access to the Las Vegas Basin under visual flight
rules at a level that is equal to or better than existing access.
H. R. 1695—3
SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969 REQUIRED.
Prior to construction of an airport facility on lands conveyed
under section 2, all actions required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to initial planning and construction shall be completed by the
Secretary of Transportation and the Secretary of the Interior as
joint lead agencies. Any actions conducted in accordance with this
section shall specifically address any impacts on the purposes for
which the Mojave National Preserve was created.
SEC. 6. DEFINITIONS.
In this Act—
(1) the term ‘‘County’’ means Clark County, Nevada; and
(2) the term ‘‘Secretary’’ means the Secretary of the
Interior.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.