Ivanpah Valley Airport Public Lands Transfer Act
PL 106-362 (H.R.1695), enacted 10/27/2000

114 STAT. 1404 
PUBLIC LAW 106-362—OCT. 27, 2000 
Act. 
Public Law 106-362 
106th Congress 
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 
[H.R. 1695] 
facility, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Ivanpah Valley 
the United States of America in Congress assembled, 
Airport Public 
Lands Transfer 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Ivanpah Valley Airport Public 
Lands Transfer Act". 
SEC. 
2
. 
CONVEYANCE 
OF 
LANDS 
TO 
CLARK 
COUNTY, 
NEVADA. 
(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, 
Nevada-Airport Selections" numbered 01, and dated April 1999, 
for the purpose of developing an airport facility and related infra-
structure. The Secretary shadl 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 conveyance 
under subsection (a) until each of the following conditions are 
fulfilled: 
(1) The County has conducted an airspace assessment, 
using the airspace management plan required by section 4(a), 
to identify any potential adverse effects on access to the Las 
Vegas Basin under visual flight rules that would result from 
the construction and operation of a commercial or primary 
airport, or both, on the land to be conveyed. 
(2) The Federal Aviation Administration has made a certifi-
cation under section 4(b). 
(3) The County has entered into an agreement with the 
Secretary to retain ownership of Jean Airport, located at Jean, 
Nevada, eind to maintain and operate such airport for general 
aviation purposes. 
(c) PAYMENT.— 
(1) IN GENERAL.—^As consideration for the conveyance of 
each parcel, the County shall pay to the United States an 
amount equal to the fair market value of the parcel. 
PUBLIC LAW 106-362—OCT. 27, 2000 
114 STAT. 1405 
(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 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 protec-
tion and management of the petrogl)^h 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 pursuant 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 completion of 
compliance with section 5 of this Act and in accordance with the 
findings made by the actions taken in compliance with such section, 
the Federal Aviation Administration and the County determine 
that an airport should not be constructed on the conveyed lands— 
(1) the Secretary of the Interior shall immediately 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 Coimty under this Act shall revert to the United 
States; and 
(B) the Secretary may reenter such lands. 
SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE. 
The public lands referred to in section 2(a) are withdrawn 
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 TRANSPORTATION. 
(a) DEVELOPMENT OF AIRSPACE MANAGEMENT PLAN.—The Sec-
retary of Transportation shall, in consultation with the Secretary, 
prior to the conveyance of the land referred to in section 2(a), 
develop an airspace management plan for the Ivanpah Valley Air-
port 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 Administrator of the 
Federal Aviation Administration shall certify to the Secretary that 
the assessment made by the County under section 2(b)(1) is thor-
ough and that alternatives have been developed to address each 
adverse effect identified 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. 
114 STAT. 1406 
PUBLIC LAW 106-362—OCT. 27, 2000 
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 Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect 
to initial planning and construction 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. 
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. 
Approved October 27, 2000. 
LEGISLATIVE HISTORY—H.R. 1695: 
HOUSE REPORTS: No. 106-471 (Comm. on Resources). 
SENATE REPORTS: No. 106-394 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 146 (2000): Mar. 9, considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 17, House concurred in Senate amendments.