II
Calendar No. 770
106TH CONGRESS
2D SESSION
H. R. 1695
[Report No. 106–394]
IN THE SENATE OF THE UNITED STATES
MARCH 20, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
AUGUST 25, 2000
Reported under authority of the order of the Senate of July 26, 2000, by Mr.
MURKOWSKI, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
To provide for the conveyance of certain Federal public lands
in the Ivanpah Valley, Nevada, to Clark County, Nevada,
for the development of an airport facility, and for other
purposes.
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 ‘‘Ivanpah Valley Airport
Public Lands Transfer Act’’.
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SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NE-
VADA.
(a) IN GENERAL.—Notwithstanding the land use
planning requirements contained in sections 202 and 203
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712 and 1713), but subject to subsection (b)
of this section and valid existing rights, the Secretary shall
convey to the County all right, title, and interest of the
United States in and to the Federal public lands identified
for disposition on the map entitled ‘‘Ivanpah Valley, Ne-
vada-Airport Selections’’ numbered 01, and dated April
1999, for the purpose of developing an airport facility and
related infrastructure. The Secretary shall keep such map
on file and available for public inspection in the offices
of the Director of the Bureau of Land Management and
in the district office of the Bureau located in Las Vegas,
Nevada.
(b) CONDITIONS.—The Secretary shall make no con-
veyance under subsection (a) until each of the following
conditions are fulfilled:
(1) The County has conducted an airspace as-
sessment assessment, using the airspace management
plan required by section 4(a), to identify any poten-
tial adverse effects on access to the Las Vegas Basin
under visual flight rules that would result from the
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construction and operation of a commercial or pri-
mary airport, or both, on the land to be conveyed.
(2) The Federal Aviation Administration has
made a certification under section 4(b).
(3) The County has entered into an agreement
with the Secretary to retain ownership of Jean Air-
port, located at Jean, Nevada, and to maintain and
operate such airport for general aviation purposes.
(c) PAYMENT.—
(1) IN GENERAL.—As consideration for the con-
veyance of each parcel, the County shall pay to the
United States an amount equal to the fair market
value of the parcel.
(2) DEPOSIT IN SPECIAL ACCOUNT.—The Sec-
retary shall deposit the payments received under
paragraph (1) in the special account described in
section 4(e)(1)(C) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2345).
The second sentence of section 4(f) of such Act (112
Stat. 2346) shall not apply to interest earned on
amounts deposited under this paragraph.
(2) DEPOSIT
IN
SPECIAL
ACCOUNT.—(A) The
Secretary shall deposit the payments received under
paragraph (1) into the special account described in
section 4(e)(1)(C) of the Southern Nevada Public
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Land Management Act of 1998 (112 Stat. 2345).
Such funds may be expended only for the acquisition
of private inholdings in the Mojave National Preserve
and for the protection and management of the
petroglyph resources in Clark County, Nevada. The
second sentence of section 4(f) of such Act (112 Stat.
2346) shall not apply to interest earned on amounts
deposited under this paragraph.
(B) The Secretary may not expend funds pursu-
ant to this section until—
(i) the provisions of section 5 of this Act
have been completed; and
(ii) a final Record of Decision pursuant to
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) has been issued which
permits development of an airport at the
Ivanpah site.
(d) REVERSION AND REENTRY.—If, following com-
pletion of compliance with section 5 of this Act, the Fed-
eral Aviation Administration and the County determine
that an airport cannot be constructed on the conveyed
lands—
(d) REVERSION AND REENTRY.—If, following comple-
tion of compliance with section 5 of this Act and in accord-
ance with the findings made by the actions taken in compli-
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ance with such section, the Federal Aviation Administra-
tion and the County determine that an airport should not
be constructed on the conveyed lands—
(1) the Secretary of the Interior shall imme-
diately refund to the County all payments made to
the United States for such lands under subsection
(c); and
(2) upon such payment—
(A) all right, title, and interest in the lands
conveyed to the County under this Act shall re-
vert to the United States; and
(B) the Secretary may reenter such lands.
SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CON-
VEYANCE.
The public lands referred to in section 2(a) are with-
drawn from mineral entry under the Act of May 10, 1872
(30 U.S.C. 22 et seq.; popularly known as the Mining Law
of 1872) and the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPOR-
TATION.
(a) DEVELOPMENT
OF
AIRSPACE
MANAGEMENT
PLAN.—The Secretary of Transportation shall, in con-
sultation with the Secretary, Secretary, prior to the convey-
ance of the land referred to in section 2(a), develop an air-
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space management plan for the Ivanpah Valley Airport
that shall, to the maximum extent practicable and without
adversely impacting safety considerations, restrict aircraft
arrivals and departures over the Mojave Desert Preserve
in California.
(b) CERTIFICATION OF ASSESSMENT.—The Adminis-
trator of the Federal Aviation Administration shall certify
to the Secretary that the assessment made by the County
under section 2(b)(1) is thorough and that alternatives
have been developed to address each adverse effect identi-
fied in the assessment, including alternatives that ensure
access to the Las Vegas Basin under visual flight rules
at a level that is equal to or better than existing access.
SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969 REQUIRED.
Prior to construction of an airport facility on lands
conveyed under section 2, all actions required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to initial planning and construc-
tion shall be completed by the Secretary of Transportation
and the Secretary of the Interior as joint lead agencies.
Any actions conducted in accordance with this section shall
specifically address any impacts on the purposes for which
the Mojave National Preserve was created.
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SEC. 6. DEFINITIONS.
In this Act—
(1) the term ‘‘County’’ means Clark County,
Nevada; and
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior.
Passed the House of Representatives March 9,
2000.
Attest:
JEFF TRANDAHL,
Clerk.