I
105TH CONGRESS
1ST SESSION
H. R. 449
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1997
Mr. ENSIGN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the orderly disposal of certain Federal lands
in Clark County, Nevada, and to provide for the acquisi-
tion of environmentally sensitive lands in the State of
Nevada.
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 1997’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
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(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) 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 value of Federal lands in the Las
Vegas Valley is enhanced by local infrastructure im-
provements which are paid for by local government.
(4) 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.
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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)(C).
(6) 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 recreational purposes’’, ap-
proved June 14, 1926 (43 U.S.C. 869 et seq.).
(7) The term ‘‘regional governmental entity’’
means the Southern Nevada Water Authority, the
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Regional Flood Control District, and the Clark
County Sanitation District.
SEC. 4. DISPOSAL AND EXCHANGE.
(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, the Federal Land Policy and Management
Act of 1976, and other applicable law, is authorized to
dispose of lands within the boundary of the area under
the jurisdiction of the Direction of the Bureau of Land
Management in Clark County, Nevada, as generally de-
picted on the map entitled ‘‘Las Vegas Valley, Nevada,
Land Disposal Map’’, numbered llll, and dated
llll. Such map shall be on file and available for pub-
lic 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 Recreation and
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Public Purposes Act. Pursuant to any such election,
the Secretary shall segregate the elected lands in the
name of the State of Nevada or such unit of the
local government.
(2) RIGHTS-OF-WAY.—
(A) ISSUANCE.—Upon application, by a
unit of local government or regional govern-
mental entity, the Secretary, in accordance with
this Act and the Federal Land Policy and Man-
agement Act of 1976, shall issue right-of-way
grants on Federal lands in Clark County, Ne-
vada, for all reservoirs, canals, channels,
ditches, pipes, pipelines, tunnels and other fa-
cilities and systems needed for—
(i) the impoundment, storage, treat-
ment, transportation or distribution of
water (other than water from the Virgin
River) or wastewater; or
(ii) flood control management.
(B) DURATION.—Right-of-way grants is-
sued under this paragraph shall be valid in per-
petuity.
(C) 
WAIVER
OF
FEES.—Right-of-way
grants issued under this paragraph shall not re-
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quire the payment of rental or cost recovery
fees.
(3) YOUTH
ACTIVITY
FACILITIES.—Notwith-
standing any other provision of law, the Secretary
shall make available to Clark County, Nevada, the
land depicted on the map entitled ‘‘Las Vegas Valley
Youth Facilities Map’’, numbered llll and
dated llll, 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, 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. 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
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shall be consistent with local land use planning and
zoning requirements and recommendations.
(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 subsection 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) 10 percent shall be paid directly to the
Southern Nevada Water Authority for water
treatment and transmission facility infrastruc-
ture in Clark County, Nevada; and
(C) the remainder shall be deposited in a
special account in the Treasury of the United
States for use pursuant to the provisions of
paragraph (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, the non-Federal party
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shall provide direct payments to the State of Nevada
and the Southern Nevada Water Authority in ac-
cordance with paragraphs (1) (A) and (B). The pay-
ments shall be based on the appraised fair market
value of the Federal lands to be conveyed in the ex-
change and shall be considered a cost incurred by
the non-Federal party that may be compensated by
the Secretary pursuant to any agreement to initiate
exchange.
(3) AVAILABILITY OF SPECIAL ACCOUNT.—
(A) IN GENERAL.—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 subsection (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 Bu-
reau of Land Management in Clark Coun-
ty, and the Spring Mountains National
Recreation Area;
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(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 ex-
changes under this Act.
(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
in any fiscal year 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
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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 ac-
cording 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 accordance with the Agreement and with section
47504 of title 49, United States Code (relating to
airport noise compatibility planning), and regula-
tions 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, such lands
shall be sold or leased for fair market value. Clark
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County shall contribute 85 percent of the gross pro-
ceeds from the sale or lease of such lands directly
to the special account. If any of such lands sold or
leased by Clark County 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 December 23, 1980
(94 Stat. 3381; commonly known as the ‘‘Santini-
Burton Act’’), the proceeds contributed to the spe-
cial account by Clark County from the sale or lease
of such lands shall be used by the Secretary of Agri-
culture 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 or lease
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.
(h) ACQUISITIONS.—
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(1) DEFINITION.—For purposes of this sub-
section, 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 of the Interior or the Secretary of Ag-
riculture—
(A) promote 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.
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(3) CONSULTATION.—Before initiating efforts
to acquire land under this subsection, the Secretary
of the Interior or the Secretary of Agriculture shall
consult with the State of Nevada and with local gov-
ernment within whose jurisdiction the lands are lo-
cated, including appropriate planning and regulatory
agencies, and with other interested persons, concern-
ing the necessity of making the acquisition, the po-
tential impacts on State and local government, and
other appropriate aspects of the acquisition. Con-
sultation under this paragraph is in addition to any
other consultation required by law.
(4) ADMINISTRATION.—On acceptance of title
by the United States, land and interests in land ac-
quired under this subsection 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 Preser-
vation System, any other system established by Act
of Congress, or any national conservation or national
recreation area established by Act of Congress—
(A) shall become part of the unit or area
without further action by the Secretary of the
Interior or Secretary of Agriculture; and
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(B) shall be managed in accordance with
all laws and regulations and land use plans ap-
plicable to the unit or area.
(5) 
DETERMINATION
OF
FAIR
MARKET
VALUE.—The fair market value of land or an inter-
est in land to be acquired by the Secretary of the
Interior or the Secretary of Agriculture under this
subsection shall be determined pursuant to section
206 of the Federal Land Policy and Management
Act of 1976 and shall be consistent with other appli-
cable requirements and standards. Fair market
value shall be determined without regard to the pres-
ence of a species listed as threatened or endangered
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(6) PAYMENTS
IN
LIEU
OF
TAXES.—Section
6901(1) of title 31, United States Code, is amend-
ed—
(A) by striking ‘‘or’’ at the end of subpara-
graph (F);
(B) by striking the period at the end of
subparagraph (G) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(H) acquired by the Secretary of the Inte-
rior or the Secretary of Agriculture under sec-
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tion 5 of the Southern Nevada Public Land
Management Act of 1996 that is not otherwise
described in subparagraphs (A) through (G).’’.
(i) REPORT.—The Secretary of the Interior, in co-
operation 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 section.
(j) TRANSFER OF REVERSIONARY INTEREST.—
(1) IN GENERAL.—Upon request by a grantee
of lands within Clark County, Nevada, that are sub-
ject to a lease or patent issued under the Recreation
and Public Purposes Act, the Secretary may transfer
the reversionary interest in such lands to other non-
Federal lands. The transfer of the reversionary in-
terest shall only be made to lands of equal value, ex-
cept that with respect to the State of Nevada or a
unit of local government an amount equal to the ex-
cess (if any) of the fair market value of lands re-
ceived by the unit of local government 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 this sec-
tion as proceeds from the sale of land. For purposes
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of this subsection, the fair market value of lands to
be transferred by the State of 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 sub-
section 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 Recre-
ation and Public Purposes Act.
(k) AFFORDABLE HOUSING.—The Secretary, in con-
sultation with the Secretary of Housing and Urban Devel-
opment, may make available land in the State of Nevada
in accordance with the Recreation and Public Purposes
Act for affordable housing purposes. Such lands shall be
made available only to State or local governmental enti-
ties, including local public housing authorities. For the
purposes of this subsection, housing shall be considered
to be affordable housing if the housing is assisted under
the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.).
(l) BOUNDARY MODIFICATION OF RED ROCK CAN-
YON NATIONAL CONSERVATION AREA.—Section 3(a)(2)
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of the Red Rock Canyon National Conservation Area Es-
tablishment Act of 1990 (16 U.S.C. 460ccc–1(a)(2)) is
amended to read as follows:
‘‘(2) The conservation area shall consist of ap-
proximately lll acres as generally depicted on
the map entitled ‘Red Rock Canyon National Con-
servation Area—Proposed Modification’, numbered
lll, and dated lll.’’.
Æ