II
Calendar No. 528
105TH CONGRESS
2D SESSION
H. R. 449
[Report No. 105–291]
IN THE SENATE OF THE UNITED STATES
APRIL 24, 1997
Received; read twice and referred to the Committee on Energy and Natural
Resources
AUGUST 25, 1998
Reported under authority of the order of the Senate of July 31, 1998, by Mr.
MURKOWSKI, without amendment
AN ACT
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’’.
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SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(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 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.
SEC. 3. DEFINITIONS.
As used in this Act:
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(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) 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.
(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.
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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 Direc-
tion of the Bureau of Land Management in Clark County,
Nevada, as generally depicted on the map entitled ‘‘Las
Vegas Valley, Nevada, Land Disposal Map’’, dated April
10, 1997. 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 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
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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-
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quire 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
geothermal leasing laws until such time as the Secretary
terminates 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
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 Secretary without further appropriation and
shall remain available until expended.
(2) LAND EXCHANGES.—
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(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 Nevada and the Southern Nevada Water Au-
thority 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 consid-
ered a cost incurred by the non-Federal party
that shall be compensated by the Secretary if so
provided by any agreement to initiate exchange.
(B) PENDING
EXCHANGES.—The provi-
sions of this Act, except this subsection and
subsections (a) and (b), shall not apply to any
land exchange for which an initial agreement to
initiate an exchange was signed by an author-
ized representative of the exchange proponent
and an authorized officer of the Bureau of
Land Management prior to February 29, 1996.
(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-
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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
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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).
(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
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.
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(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, leased, or otherwise conveyed or
leased by Clark County, such sale, lease, or other
conveyance 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, 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 pro-
ceeds 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 pro-
vide 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 pur-
poses’’, approved December 23, 1980 (94 Stat.
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3381; commonly known as the ‘‘Santini-Burton
Act’’), the proceeds contributed to the special ac-
count by Clark County from the sale, lease, or other
conveyance of such lands shall be used by the Sec-
retary of Agriculture to acquire environmentally sen-
sitive land in the Lake Tahoe Basin pursuant to sec-
tion 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 di-
rectly 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 De-
partment of Aviation for the benefit of airport devel-
opment 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,
scientific, aesthetic, historical, cultural, water-
shed, wildlife, and other values contributing to
public enjoyment and biological diversity;
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(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 the pro-
ceeds of the special account environmentally sen-
sitive 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
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-
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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-
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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 as follows:
(1) By striking ‘‘or’’ at the end of subpara-
graph (F).
(2) By striking the period at the end of sub-
paragraph (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 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-
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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
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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(k) AFFORDABLE HOUSING.—The Secretary, in con-
sultation with the Secretary of Housing and Urban Devel-
opment, may make available, in accordance with section
203 of the Federal Land Planning and Management Act
of 1976, land in the State of Nevada at less than fair
market value and under other such terms and conditions
as he may determine for affordable housing purposes.
Such lands shall be made available only to State or local
governmental entities, including local public housing au-
thorities. For the purposes of this subsection, housing
shall be considered to be affordable housing if the housing
serves low income families as defined under the Cranston-
Gonzalez National Affordable 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
Conservation 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
entitled ‘Red Rock Canyon National Conservation Area
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Administrative Boundary Modification’, dated August 8,
1996.’’.
Passed the House of Representatives April 23, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
Calendar No. 528
105TH CONGRESS
2D SESSION
H. R. 449
[Report No. 105–291]
AN ACT
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.
AUGUST 25, 1998
Reported without amendment