I 
108TH CONGRESS 
2D SESSION 
H. R. 4332
To provide for the proper development of Federal lands in Clark County, 
Nevada, to best promote public welfare and economic development con-
sistent with surrounding airport usage. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2004
Mr. GIBBONS (for himself, Mr. PORTER, and Ms. BERKLEY) introduced the 
following bill; which was referred to the Committee on Resources 
A BILL 
To provide for the proper development of Federal lands in 
Clark County, Nevada, to best promote public welfare 
and economic development consistent with surrounding 
airport usage.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PROPER DEVELOPMENT OF FEDERAL LANDS 
IN CLARK COUNTY, NEVADA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1992, the Bureau of Land Management 
and Clark County, Nevada, entered into an Interim
Cooperative Management Agreement to coordinate 
in the disposal and management of Federal lands 
and areas affected by aircraft noise. 
(2) The Agreement restricts development of 
those Federal lands in the affected area generally 
known as the airport overlay district to certain com-
patible uses. Those compatible uses do not include 
transient lodging. 
(3) The Southern Nevada Public Land Manage-
ment Act of 1998 (31 U.S.C. 6901 note) provides 
for the transfer of Federal lands in the airport over-
lay district to Clark County, Nevada, but limits 
Clark County’s ability to sell, lease, or convey those 
lands for uses that are deemed incompatible uses 
under the Agreement. 
(4) The restrictions on incompatible uses in the 
airport overlay district only apply to those publicly 
owned lands governed by the Southern Nevada Pub-
lic Land Management Act of 1998. Uses that are 
deemed incompatible for public lands can and do fre-
quently occur in the airport overlay district on pri-
vately owned lands, and can even directly abut those 
Federal lands governed by the Agreement where in-
compatible uses are prohibited.
(5) The restrictions on certain uses by the 
Southern Nevada Public Land Management Act of 
1998 diminish the revenues that the public receives 
from the sale, lease, or conveyance of public lands in 
the airport overlay district by prohibiting incompat-
ible uses, even though those uses may, considering 
the uses of surrounding privately owned property, be 
the most appropriate and beneficial use. 
(6) The public interest would better be served 
by allowing some incompatible uses in the airport 
overlay area where the public lands are sufficiently 
surrounded by private property that is being put to 
uses that are also deemed incompatible uses under 
the Agreement. 
(7) The public benefits because it will earn 
greater revenue from allowing certain uses that are 
incompatible under the Agreement, but which, under 
the circumstances, do not materially contribute to 
problems of noise pollution since surrounding prop-
erties are already being put to such incompatible 
uses. 
(8) Currently, the public is not realizing the 
best return because the revenue generating capacity 
of these public lands is diminished by the restric-
tions on incompatible uses, but the purpose of such
restrictions, alleviating noise pollution, is not materi-
ally advanced since incompatible uses are allowed on 
the neighboring privately owned properties. 
(9) There are existing hotel properties (tran-
sient lodging) on 3 sides of the subject property as 
follows: on the west side 3 new hotels have just been 
completed; on the north side there is an existing 
hotel and a convention center; and on the east side 
there are 3 older hotels. 
(10) Because of the unique circumstances of 
the property, allowance of the nonconforming use of 
transient lodging is in the public interest by allowing 
the public to benefit from a higher revenue gener-
ating use of the property without materially contrib-
uting to the problem of noise pollution which the 
Agreement and the Southern Nevada Public Land 
Management Act of 1998 seek to diminish. 
(b) PURPOSES.—The purpose of this section is to fa-
cilitate the public’s most beneficial use of public lands in 
a manner consistent with the purposes and objectives of 
the Agreement and the Southern Nevada Public Land 
Management Act of 1998. 
(c) PERMITTED
USES.—Notwithstanding section 
4(g)(3) of the Southern Nevada Public Land Management 
Act of 1998 (112 Stat. 2346), Clark County may sell,
lease, or otherwise convey the property and allow the non-
conforming use of transient lodging on the property. 
(d) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement referred to in section 1(a)(1). 
(2) PROPERTY.—The term ‘‘property’’ means 
the parcel of Clark County Department of Aviation 
land consisting of approximately 11.404 acres lo-
cated in the north half (N 1⁄2) of the northeast quar-
ter (NE 1⁄4) of section 32, township 21 south, range 
61 east, Mountain Diablo Base and Meridian, Clark 
County, Nevada.
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