I
105TH CONGRESS
2D SESSION
H. R. 4656
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
OCTOBER 1, 1998
Mr. GIBBONS (for himself and Mr. YOUNG of Alaska) 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 ‘‘City of North Las
Vegas Public Land Acquisition Act of 1998’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Bureau of Land Management has ex-
tensive land ownership in a large parcel adjacent to
private land in the City of North Las Vegas, Ne-
vada, making this parcel difficult to manage and
more appropriate for disposal.
(2) In order to promote responsible and orderly
development in the City of North Las Vegas, these
Federal lands should be sold or exchanged by the
Federal Government based on recommendations
made by the City of North Las Vegas.
(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 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 the
City of North Las Vegas, 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
the City of North Las Vegas in the State of Nevada.
(3) 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.
(4) The term ‘‘special account’’ means the ac-
count in the Treasury of the United States estab-
lished 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 recreational purposes’’, ap-
proved 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 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, 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, Ne-
vada, as generally depicted on the map entitled ‘‘City of
North Las Vegas: Planned Purchase by City from Bureau
of Land Management at Appraised Fair Market Value
(Approx. 7,500 acres)’’, Map #000320, dated December
5, 1989. 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 Secretary shall retain the
elected lands for conveyance to the State of Nevada
or such unit of the local government in accordance
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 govern-
mental entity, the Secretary, in accordance with
this Act and the Federal Land Policy and Man-
agement Act of 1976, and other applicable pro-
visions of law, shall issue right-of-way grants on
Federal lands in Clark County, Nevada, for all
reservoirs, canals, channels, ditches, pipes, pipe-
lines, tunnels and other facilities 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
issued under this paragraph shall be valid in
perpetuity.
(C) 
WAIVER
OF
FEES.—Right-of-way
grants issued under this paragraph shall not re-
quire the payment of rental or cost recovery
fees.
(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) 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 Secretary 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
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 fair market value of the
Federal lands to be conveyed in the exchange and
shall be considered a cost incurred by the non-Fed-
eral party that shall be compensated by the Sec-
retary if so provided by any agreement to initiate ex-
change.
(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 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;
(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 Secretary shall
coordinate the use of the special account with
the Secretary of Agriculture, the State of Ne-
vada, local governments, and other interested
persons, to ensure accountability and dem-
onstrated results.
(C) LIMITATION.—Not more than 25 per-
cent of the amounts available to the Secretary
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).
(e) 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 ac-
cording to the provisions of subsection (e)(3).
SEC. 5. ACQUISITIONS.
(a) ACQUISITIONS.—
(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 or the Secretary of Agriculture—
(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 Secretary may acquire with proceeds
of the special account environmentally sensitive land
and interests in environmentally sensitive land.
Lands may not be acquired under this section with-
out 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 pro-
vision of law.
(3) CONSULTATION.—Before initiating efforts
to acquire land under this subsection, the Secretary
or the Secretary of Agriculture 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 neces-
sity of making the acquisition, the potential impacts
on State and local government, and other appro-
priate aspects of the acquisition. Consultation under
this paragraph is in addition to any other consulta-
tion required by law.
(b) ADMINISTRATION.—On acceptance of title by the
United States, land and interests in land acquired under
this subsection that is within the boundaries of a unit of
the National Forest System, National Park System, Na-
tional Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, National Wilder-
ness 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 with-
out 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 ac-
quired by the Secretary or the Secretary of Agriculture
under this subsection shall be determined pursuant to sec-
tion 206 of the Federal Land Policy and Management Act
of 1976 and shall be consistent with other applicable re-
quirements and standards. Fair market value shall be de-
termined without regard to the presence of a species listed
as threatened or endangered under the Endangered Spe-
cies 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—
(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 1997 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 re-
port on all transactions under this section.
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 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 received 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 section 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 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.
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