Union Calendar No. 49
105TH CONGRESS
1ST SESSION
H. R. 449
[Report No. 105–68]
A BILL
To provide for the orderly disposal of certain Fed-
eral lands in Clark County, Nevada, and to pro-
vide for the acquisition of environmentally sen-
sitive lands in the State of Nevada.
APRIL 23, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 49
105TH CONGRESS
1ST SESSION
H. R. 449
[Report No. 105–68]
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
APRIL 23, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 20, 1997]
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 Public
Land Management Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Bureau of Land Management has exten-
sive land ownership in small and large parcels inter-
spersed with or adjacent to private land in the Las
Vegas Valley, Nevada, making many of these parcels
difficult to manage and more appropriate for dis-
posal.
(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 Govern-
ment based on recommendations made by local gov-
ernment and the public.
(3) The Las Vegas metropolitan area is the fast-
est growing urban area in the United States, which
is causing significant impacts upon the Lake Mead
National Recreation Area, the Red Rock Canyon Na-
tional 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
gional 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 Bu-
reau of Land Management in Clark County, Nevada, as
generally depicted on the map entitled ‘‘Las Vegas Valley,
Nevada, Land Disposal Map’’, dated June, 1996. Such map
shall be on file and available for public inspection in the
offices of the Director and the Las Vegas District of the Bu-
reau of Land Management.
(b) RESERVATION FOR LOCAL PUBLIC PURPOSES.—
(1) RECREATION AND PUBLIC PURPOSE ACT CON-
VEYANCES.—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 govern-
ment in whose jurisdiction the lands are located may
elect to obtain any such lands for local public pur-
poses pursuant to the provisions of the Recreation
and Public Purposes Act. Pursuant to any such elec-
tion, 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 provi-
sions 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 perpetu-
ity.
(C) WAIVER OF FEES.—Right-of-way grants
issued under this paragraph shall not require the
payment of rental or cost recovery fees.
(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 geo-
thermal leasing laws until such time as the Secretary termi-
nates the withdrawal or the lands are patented.
(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 co-
ordinate land disposal activities with the unit of local
government in whose jurisdiction such lands are lo-
cated. Land disposal activities of the Secretary 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 education
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.—
(A) PAYMENTS.—In the case of a land ex-
change under this section, the non-Federal party
shall provide direct payments to the State of Ne-
vada 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 com-
pensated 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 ex-
change for which an initial agreement to initiate
an exchange was signed by an authorized rep-
resentative of the exchange proponent and an au-
thorized officer of the Bureau of Land Manage-
ment prior to February 29, 1996.
(3) AVAILABILITY OF SPECIAL ACCOUNT.—
(A) IN
GENERAL.—Amounts deposited in
the special account may be expended by the Sec-
retary 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 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 Man-
agement in arranging sales or exchanges
under this Act.
(B) PROCEDURES.—The Secretary shall co-
ordinate 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 demonstrated re-
sults.
(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).
(f) INVESTMENT OF SPECIAL ACCOUNT.—All funds de-
posited as principal in the special account shall earn inter-
est in the amount determined by the Secretary of the Treas-
ury on the basis of the current average market yield on out-
standing 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 pro-
visions 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, sub-
ject 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 air-
port noise compatibility planning), 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 com-
patible with the Agreement and such Airport Noise
Compatibility Planning provisions.
(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
identified on the map referenced in section 2(a) of the
Act entitled ‘‘An Act to provide for the orderly dis-
posal 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 conveyance of such lands shall be used
by the Secretary of Agriculture to acquire environ-
mentally sensitive land in the Lake Tahoe Basin pur-
suant 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 Depart-
ment of Aviation for the benefit of airport develop-
ment and the Noise Compatibility Program.
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, sci-
entific, aesthetic, 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 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 process
has been completed in accordance with paragraph (3),
the Secretary may acquire with the proceeds of the
special account environmentally sensitive land and
interests in environmentally sensitive 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 Agriculture shall consult with the
State of Nevada and with local government within
whose jurisdiction the lands are located, including ap-
propriate planning and regulatory agencies, and with
other interested persons, concerning the necessity of
making the acquisition, the potential impacts on
State and local government, and other appropriate
aspects of the acquisition. 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 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 without
further action by the Secretary or Secretary of Agri-
culture; 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 deter-
mined 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 subpara-
graph (G) and inserting ‘‘; or’’.
(3) By adding at the end the following:
‘‘(H) acquired by the Secretary of the Inte-
rior or the Secretary of Agriculture under section
5 of the Southern Nevada Public Land Manage-
ment 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 Re-
sources of the House of Representatives an annual report
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 subject
(b) 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
at less than fair market value and under other such terms
and conditions as he may determine in accordance with
local land use planning and zoning requirements and rec-
ommendations 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 fami-
lies as defined under the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12701 et seq.).
SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON
NATIONAL CONSERVATION AREA.
Section 3(a)(2) of the Red Rock Canyon National Con-
servation 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 approxi-
mately 195,780 acres as generally depicted on the map enti-
tled ‘Red Rock Canyon National Conservation Area Admin-
istrative Boundary Modification’, dated August 8, 1996.’’.