Southern Nevada Public Land Management Act of 1998
PL 105-263 (H.R.449), enacted 10/19/1998

PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2343 
Public Law 105-263 
105th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Southern Nevada PubUc Land 
Management Act of 1998". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—^The Congress finds the following: 
(1) The Bureau of Land Management has extensive land 
ownership in small and large parcels interspersed with or adja-
cent 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 pubhc. 
(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 Canyon National Conservation Area, and the Spring 
Mountgdns 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 County, Nevada, 
and to provide for the acquisition of environmentally sensitive lands 
in the State of Nevada. 
SEC. 3. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretsiry" mezms 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) liie term "Agreement" means the agreement entitled 
"The Interim Cooperative Management Agreement Between 
The United States Department of the Interior—Bureau of Land 
Management and Clark County", dated November 4, 1992. 
Oct. 19, 1998 
[H.R. 4491 
Southern Nevada 
Public Land 
Management Act 
of 1998. 
31 use 6901 
note. 
58-194 O - 98 - 17: QL 3 Part 3 
112 STAT. 2344 
PUBLIC LAW 105-263—OCT. 19, 1998 
(4) The term "special account" means the account in the 
Treasury of the United States estabhshed under section 
4(e)(1)(C). 
(5) The term "Recreation and Pubhc Purposes Act" means 
the Act entitled "An Act to authorize acquisition or use of 
public lands by States, counties, or municipalities for rec-
reational purposes", approved 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. 
SEC. 4. DISPOSAL AND EXCHANGE. 
(a) DISPOSAL.—Notwithstanding the land use planning require-
ments 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 Bureau of Land Msmagement 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 public 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 Sec-
retary shall retain the elected lands for conveyance to the 
State of Nevada or such unit of the local government in accord-
ance 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 governmental entity, the Secretary, 
in accordance with this Act and the Federal Land Policy 
and Management 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, pipelines, tunnels, and other facili-
ties and systems needed for— 
(i) the impoundment, storage, treatment, transpor-
tation, 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 require the payment of 
rental or cost recovery fees. 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2345 
(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 Secretary and 
the 
unit of local government in whose jurisdiction lands referred 
to in subsection (a) are located 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 shall be consistent with 
local land use planning and zoning requirements and rec-
ommendations. 
(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 the enactment 
of this Act. 
(e) DISPOSITION OP 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 trans-
mission facility infrastructure in Clark County, Nevada; 
and 
(C) the remainder shall be deposited in a special 
account in the Treasury of the United States for use pursu-
ant to the provisions of paragraph (3). 
Amounts in the special account shall be available to the Sec-
retary without further appropriation and shall remain available 
until expended. 
(2) LAND EXCHANGES.— 
(A) PAYMENTS.—In the case of a land exchange under 
this section, the non-Federal party shall provide direct 
payments to the State of Nevada 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 compensated 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 exchange for which an initial a^ee-
ment to initiate an exchange was signed by an authorized 
112 STAT. 2346 
PUBLIC LAW 105-263—OCT. 19, 1998 
representative of the exchange proponent and an author-
ized 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 accordance with sub-
section (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 Cl£irk 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 exchanges under this Act. 
(B) PROCEDUBES.—The Secretary shall coordinate 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 dem-
onstrated results. 
(C) LIMITATION.—^Not more than 25 percent of the 
amounts available to the Secretary from the special account 
in any fiscal year (determined without taking into account 
amounts deposited under subsection (g)(4)) may be used 
in any fiscal year for the purposes described in subpara-
graph (A)(ii). 
(f) INVESTMENT OF SPECIAL ACCOUNT.—All funds deposited as 
principal in the special account shall earn interest 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 according 
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. 
(2) Clark County agrees to manage such lands in accord-
ance with the Agreement and with section 47504 of title 49, 
United States Code (relating to airport noise compatibility plan-
ning), 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 compatible with the Agreement and such 
Airport Noise CompatibiHty Planning provisions. 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2347 
(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 
{)roceeds from the sale, lease, or other conveyance of such 
ands directly to the special account. If any of such lands 
sold, leased, or otherwise conveyed by Clark County are identi-
fied on the map referenced in section 2(a) of the Act entitled 
"An Act to provide 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 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 convey-
Eince of such lands shall be used by the Secretary of Agriculture 
to acquire environmentally sensitive land in the Laike Tahoe 
Basin pursuant to section 3 of the Santini-Burton Act. Clark 
Coimty 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 Department of Aviation for the benefit 
of airport development and the Noise Compatibility Program. 
3C. 6. ACQUISITIONS. 
(a) ACQUISITIONS.— 
(1) DEFINITION.—For purposes of this subsection, 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 Agri-
culture— 
(A) promote the preservation of natural, scientific, aes-
thetic, 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 better manage-
ment of public land through consoUdation of Federal owner-
ship; or 
(D) otherwise serve the pubUc 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 environ-
mentally sensitive land and interests in environmentally sen-
sitive 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 Agri-
culture 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 necessity of mak-
ing the acquisition, the potential impacts on State and local 
government, and other appropriate aspects of the acquisition. 
112 STAT. 2348 
PUBLIC LAW 105-263—OCT. 19, 1998 
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 section that 
is within the boundaries of a unit of the National Forest System, 
National Park System, National Wildlife Refuge System, National 
Wild and Scenic Rivers System, National Trails System, National 
Wilderness 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 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 acquired by the Secreteiry 
or the Secretary of Agriculture under this section shall be deter-
mined pursuant to section 206 of the Federal Land Policy and 
Management Act of 1976 and shall be consistent with other 
applicable requirements and standards. Fgiir market value shall 
be determined 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 subparagraph 
(G) and inserting "; or". 
(3) Bv adding at the end the following: 
(H) acquired by the Secretary of the Interior or the 
Secretary of Agriculture under section 5 of the Southern 
Nevada Public Land Management Act of 1998 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 report on all transactions imder this 
Act. 
SEC. 
7
. 
RECREATION 
AND 
PUBUC 
PURPOSES 
ACT. 
(a) TRANSFER OF REVERSIONARY INTEREST.— 
(1) IN GENERAL.—^Upon request by a grantee of lands within 
Clark County, Nevada, that are subject to a lease or patent 
issued under the Recreation and Pubhc Purposes Act, the Sec-
retary may transfer the reversionary interest in such lands 
to other non-Federal lands. The transfer of the reversionary 
interest shall only be made to lands of equal value, except 
that with respect to the State of Nevada or a unit of local 
government an amount equal to the excess (if any) of the 
fedr market value of lands received by the unit of local govern-
ment over the fair market value of lands transferred by the 
unit of local government shall be pgiid to the Secretary and 
shall be treated under subsection (e)(1) of section 4 as proceeds 
from the sale of Igind. For purposes of this subsection, the 
fair market value of lands to be transferred by the State of 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2349 
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 subsection 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 Recreation and 
Public Purposes Act. 
(b) AFFORDABLE HOUSING.—^The Secretary, in consultation with 
the Secretary of Housing and Urban Development, may make avail-
able, 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 condi-
tions 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 authorities. For the purposes 
of this subsection, housing shall be considered to be affordable 
housing if the housing serves low-income families as defined in 
section 104 of the Cranston-Gronzalez National Affordable Housing 
Act (42 U.S.C. 12704). 
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 approximately 
195,780 acres as generally depicted on the map entitled 'Red Rock 
Canyon National Conservation Area Administrative Boundary 
Modification', dated August 8,1996.". 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 449: 
HOUSE REPORTS: No. 105-68 (Comm. on Resources). 
SENATE REPORTS: No. 105-291 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Apr. 23, considered and passed House. 
Vol. 144 (1998): Oct. 2, considered and passed Senate. 
112 STAT. 2348 
PUBLIC LAW 105-263—OCT. 19, 1998 
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 section that 
is within the boundaries of a unit of the National Forest System, 
National Park System, National Wildlife Refuge System, National 
Wild and Scenic Rivers System, National Trails System, National 
Wilderness 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 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 acquired by the Secreteiry 
or the Secretary of Agriculture under this section shall be deter-
mined pursuant to section 206 of the Federal Land Policy and 
Management Act of 1976 and shall be consistent with other 
applicable requirements and standards. Fgiir market value shall 
be determined 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 subparagraph 
(G) and inserting "; or". 
(3) Bv adding at the end the following: 
(H) acquired by the Secretary of the Interior or the 
Secretary of Agriculture under section 5 of the Southern 
Nevada Public Land Management Act of 1998 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 report on all transactions imder this 
Act. 
SEC. 
7
. 
RECREATION 
AND 
PUBUC 
PURPOSES 
ACT. 
(a) TRANSFER OF REVERSIONARY INTEREST.— 
(1) IN GENERAL.—^Upon request by a grantee of lands within 
Clark County, Nevada, that are subject to a lease or patent 
issued under the Recreation and Pubhc Purposes Act, the Sec-
retary may transfer the reversionary interest in such lands 
to other non-Federal lands. The transfer of the reversionary 
interest shall only be made to lands of equal value, except 
that with respect to the State of Nevada or a unit of local 
government an amount equal to the excess (if any) of the 
fedr market value of lands received by the unit of local govern-
ment over the fair market value of lands transferred by the 
unit of local government shall be pgiid to the Secretary and 
shall be treated under subsection (e)(1) of section 4 as proceeds 
from the sale of Igind. For purposes of this subsection, the 
fair market value of lands to be transferred by the State of 
PUBLIC LAW 105-263—OCT. 19, 1998 
112 STAT. 2349 
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 subsection 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 Recreation and 
Public Purposes Act. 
(b) AFFORDABLE HOUSING.—^The Secretary, in consultation with 
the Secretary of Housing and Urban Development, may make avail-
able, 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 condi-
tions 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 authorities. For the purposes 
of this subsection, housing shall be considered to be affordable 
housing if the housing serves low-income families as defined in 
section 104 of the Cranston-Gronzalez National Affordable Housing 
Act (42 U.S.C. 12704). 
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 approximately 
195,780 acres as generally depicted on the map entitled 'Red Rock 
Canyon National Conservation Area Administrative Boundary 
Modification', dated August 8,1996.". 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 449: 
HOUSE REPORTS: No. 105-68 (Comm. on Resources). 
SENATE REPORTS: No. 105-291 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Apr. 23, considered and passed House. 
Vol. 144 (1998): Oct. 2, considered and passed Senate. 
112 STAT. 2350 
PUBLIC LAW 105-264—OCT. 19, 1998 
Public Law 105-264 
105th Congress 
Oct. 19, 1998 
[H.R. 930] 
Travel and 
Transportation 
Reform Act of 
1998 
5 u s e 5701 note. 
5 u s e 5701 note. 
Regulations. 
Deadline. 
Notification. 
An Act 
To require Federal employees to use Federal travel charge cards for all payments 
of expenses of ofiicial Government travel, to amend title 31, United States Code, 
to establish requirements for prepayment audits of Federal agency transportation 
expenses, to authorize reimbursement of Federal agency employees for taxes 
incurred on travel or transportation reimbursements, and to authorize test 
programs for the payment of Federal employee travel expenses and relocation 
expenses. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Travel and Transportation Reform 
Act of 1998". 
SEC. 2. REQUIRING USE OF THE TRAVEL CHARGE CARD. 
(a) IN GENERAL.—^Under regulations issued by the Adminis-
trator of General Services after consultation with the Secretary 
of the Treasury, the Administrator shall require that Federal 
employees use the travel charge card established pursuant to the 
United States Travel and Transportation Pa)rment and Expense 
Control System, or any Federal contractor-issued travel charge 
card, for all pajonents of expenses of official Government travel. 
The Administrator shall exempt any payment, person, type or class 
of payments, or type or class of personnel from any requirement 
established under the preceding sentence in any case in which— 
(1) it is in the best interest of the United States to 
do so; 
(2) payment through a travel charge card is impractical 
or imposes unreasonable burdens or costs on Federal employees 
or Federal agencies; or 
(3) the Secretary of Defense or the Secretary of Transpor-
tation (with respect to the Coast Guard) requests an exemption 
with respect to the members of the uniformed services. 
(b) AGENCY EXEMPTION.—The head of a Federal agency or 
the designee of such head may exempt any payment, person, type 
or class of payments, or type or class of agency personnel from 
subsection (a) if the agency head or the designee determines the 
exemption to be necessary in the interest of the agency. Not later 
than 30 days after granting such an exemption, the head of such 
agency or the designee shall notify the Administrator of General 
Services in writing of such exemption stating the reasons for the 
exemption. 
(c) LIMITATION ON RESTRICTION ON DISCLOSURE.— 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2351 
Applicability. 
Records. 
(1) IN GENERAL.—Section 1113 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3413) is amended by adding 
at the end the following new subsection: 
"(q) Nothing in this title shall apply to the disclosure of any 
financial record or information to a Government authority in 
conjunction with a Federal contractor-issued travel charge card 
issued for official Government travel.". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
(1) is effective as of October 1, 1983, and applies to any records 
created pursuant to the United States Travel and Transpor-
tation Payment and Expense Control System or any Federal 
contractor-issued travel charge card issued for official Govern-
ment travel, 
(d) COLLECTION OF AMOUNTS OWED.— 
(1) IN GENERAL.—Under regulations issued by the Adminis- Regulation.s 
trator of General Services and upon written request of a Federal 
contractor, the head of any Federal agency or a disbursing 
official of the United States may, on behalf of the contractor, 
collect by deduction from the amount of pay owed to an 
employee of the agency any amount of funds the employee 
owes to the contractor as a result of delinquencies not disputed 
by the employee on a travel charge card issued for payment 
of expenses incurred in connection with official Government 
travel. The amount deducted from the pay owed to an employee 
with respect to a pay period may not exceed 15 percent of 
the disposable pay of the employee for that pay period, except 
that a greater percentage may be deducted upon the written 
consent of the employee. 
(2) DUE PROCESS PROTECTIONS.—Collection under this 
subsection shall be ceuried out in accordemce with procedures 
substantially equivalent to the procedures required under sec-
tion 3716(a) of title 31, United States Code. 
(3) DEFINITIONS.—For the purpose of this subsection: 
(A) AGENCY.—The term "agenc/' has the meaning that 
term has under section 101 of title 31, United States Code. 
(B) EMPLOYEE.—The term "employee" means 
an 
individual employed in or under an agency, including a 
member of any of the uniformed services. For purposes 
of this subsection, a member of one of the uniformed serv-
ices is an employee of that uniformed service. 
(C) MEMBER; UNIFORMED SERVICE.—Each of the terms 
"member" and "uniformed service" has the meaning that 
term has in section 101 of title 37, United States Code. 
(e) REGULATIONS.—Within 270 days after the date of the enact-
ment of this Act, the Administrator of General Services shall 
promulgate regulations implementing this section, that— 
(1) make the use of the travel charge card estabhshed 
pursuant to the United States Travel and Transportation Sys-
tem and Expense Control System, or any Federal contractor-
issued travel charge card, mandatory for all pa3rments of 
expenses of official Government travel pursuant to this section; 
(2) specify the procedures for effecting under subsection 
(d) a deduction from pay owed to an employee, and ensure 
that the due process protections provided to employees under 
such procedures are no less than the protections provided to 
employees pursuant to section 3716 of title 31, United States 
Code; 
Deadline. 
112 STAT. 2352 
PUBLIC LAW 105-264—OCT. 19, 1998 
(3) provide that any deduction under subsection (d) from 
pay owed to an employee may occur only after reimbursement 
of the employee for the expenses of Government travel with 
respect to which the deduction is made; and 
(4) require agencies to promptly reimburse employees for 
expenses charged on a travel charge card pursuant to this 
section, and by no later than 30 days after the submission 
of a claim for reimbursement. 
(f) REPORTS.— 
(1) IN GE^fERAL.—^The Administrator of General Services 
shall submit 2 reports to the Congress on agency compliance 
with this section and regulations that have been issued under 
this section. 
Deadlines. 
(2) TIMING.—^The first report under this subsection shall 
be submitted before the end of the 180-day period beginning 
on the date of the enactment of this Act, and the second 
report shall be submitted after that period and before the 
end of the 540-day period beginning on that date of enactment. 
(3) PREPARATION.—Each report shall be based on a sam-
pling survey of agencies that expended more than $5,000,000 
during the previous fiscal year on travel and transportation 
pa3nnents, including payments for employee relocation. The 
head of an agency shall provide to the Administrator the nec-
essary information in a format prescribed by the Administrator 
and approved by the Director of the Office of Management 
and Budget. 
Regulations. 
(g) REIMBURSEMENT OF TRAVEL EXPENSES.—In accordance w i t h 
regulations prescribed by the Administrator of General Services, 
the head of an agency shall ensure that the agency reimburses 
an employee who submits a proper voucher for allowable travel 
expenses in accordance with applicable travel regulations within 
30 days after submission of the voucher. If an agency fails to 
reimburse an employee who has submitted a proper voucher within 
30 days after submission of the voucher, the agency shall pay 
the employee a late payment fee as prescribed by the Administrator. 
SEC. 3. PREPAYMENT AUDITS OF TRANSPORTATION EXPENSES. 
(a) IN GENERAL.—(1) Section 3322 of title 31, United States 
Code, is amended in subsection (c) by inserting after "classifications" 
the following: "if the Administrator of General Services has deter-
mined that verification by a prepa)naient audit conducted pursuant 
to section 3726(a) of this title for a particular mode or modes 
of transportation, or for an agency or subagency, will not adequately 
protect the interests of the Government". 
(2) Section 3528 of title 31, United States Code, is amended— 
(A) in subsection (a) by striking "and" after the semicolon 
at the end of paragraph (3), by striking the period at the 
end of subsection (aX4)(C) and inserting "; and", and by adding 
at the end the following new paragraph: 
"(5) verifjdng transportation rates, freight classifications, 
and other information provided on a Government bill of lading 
or transportation request, unless the Administrator of General 
Services has determined that verification by a prepayment 
audit conducted pursuant to section 3726(a) of this title for 
a particular mode or modes of transportation, or for an agency 
or subagency, will not adequately protect the interests of the 
Government."; 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2353 
(B) in subsection (c)(1), by inserting after "deductions" the 
following: "and the Administrator of General Services has deter-
mined that verification by a prepa3nnent audit conducted pursu-
ant to section 3726(a) of tnis title for a particular mode or 
modes of transportation, or for an agency or subagency, will 
not adequately protect the interests of the Government"; and 
(C) in subsection (c)(2), by inserting after "agreement" the 
following: "and the Administrator of General Services has deter-
mined that verification by a prepayment audit conducted pursu-
ant to section 3726(a) of this title for a particular mode or 
modes of transportation, or for an agency or subagency, will 
not adequately protect the interests of the Government". 
(3) Section 3726 of title 31, United States Code, is amended— 
(A) by amending subsection (a) to read as follows: 
"(a)(1) Each agency that receives a bill from a carrier or freight 
Regulations. 
forwarder for transporting an individual or property for the United 
States Government shall verify its correctness (to include transpor-
tation rates, freight classifications, or proper combinations thereof), 
using prepayment audit, prior to payment in accordance with the 
requirements of this section and regulations prescribed by the 
Administrator of General Services. 
"(2) The Administrator of General Services may exempt bills, 
a particular mode or modes of transportation, or an agency or 
subagency from a prepayment audit and verification and in lieu 
thereof require a postpayment audit, based on cost effectiveness, 
public interest, or other factors the Administrator considers appro-
priate. 
"(3) Expenses for prepayment audits shall be funded by the 
agency's appropriations used for the transportation services. 
"(4) Tne audit authority provided to agencies by this section 
is subject to oversight by the Administrator."; 
(B) by redesignating subsections (b), (c), (d), (e), (f), and 
(g) as subsections (d), (e), (f), (g), (h), and (i), respectively; 
(C) by inserting after subsection (a) the following new 
subsections: 
"(b) The Administrator may conduct pre- or post-payment audits 
of transportation bills of any Federal agency. The number and 
tjrpes of bills audited shall be based on the Administrator's judg-
ment. 
"(c)(1) The Administrator shall adjudicate transportation claims 
which cannot be resolved by the agency procuring the transportation 
services, or the carrier or freight-forwarder presenting the bill. 
"(2) A claim under this section shall be allowed only if it 
is received by the Administrator not later than 3 years (excluding 
time of war) after the later of the following dates: 
"(A) The date of accrual of the claim. 
"(B) The date payment for the transportation is made. 
"(C) The date a refund for an overpayment for the 
transportation is made. 
"(D) The date a deduction undei- subsection (d) of this 
section is made."; 
(D) in subsection (f), as so redesignated, by striking "sub-
section (c)" and inserting "subsection (e)", and by adding at 
the end the following new sentence: "This reporting requirement 
Expiration date, 
expires December 31, 1998."; 
(E) in subsection (iXD, as so redesignated, by striking 
"subsection (a)" and inserting "subsection (c/'; and 
112 STAT. 2354 
PUBLIC LAW 105-264—OCT. 19, 1998 
(F) by adding after subsection (i), as so redesignated, the 
following new subsection: 
"(j) The Administrator of General Services may provide 
transportation audit and related technical assistance services, on 
a reimbursable basis, to any other agency. Such reimbursements 
may be credited to the appropriate revolving fund or appropriation 
from which the expenses were incurred.". 
31 use 3322 
(b) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall become effective 18 months after the date of the enactment 
of this Act. 
SEC. 4. REIMBURSEMENT FOR TAXES ON MONEY RECEIVED FOR 
TRAVEL EXPENSES. 
(a) IN GENERAL.—^Title 5, United States Code, is amended 
by inserting after section 5706b the following new section: 
"§ 5706c. Reimbursement 
for 
taxes incurred 
on 
money 
received for travel expenses 
"(a) Under regulations prescribed pursuant to section 5707 
of this title, the head of an agency or department, or his or her 
designee, may use appropriations or other funds available to the 
agency for aaministrative expenses, for the reimbursement of Fed-
eral, State, and local income taxes incurred by an employee of 
the agency or by an employee and such employee's spouse (if filing 
jointly), for any travel or transportation reimbursement made to 
an employee for which reimbursement or an allowance is provided. 
"(b) Reimbursements under this section shall include an amount 
equal to all income taxes for which the employee and spouse, 
as the case may be, would be liable due to the reimbursement 
for the taxes referred to in subsection (a). In addition, reimburse-
ments under this section shall include penalties and interest, for 
the tax years 1993 and 1994 only, as a result of agencies failing 
to withhold the appropriate amounts for tax liabilities of employees 
affected by the change in the deductibility of travel expenses made 
by PubHc Law 102-486.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 57 of title 5, United States Code, is amended 
by inserting after the item relating to section 5706b the following 
new item: 
"5706c. Reimbiirsement for taxes incurred on money received for travel expenses.". 
5 use 5706c 
(c) EFFECTIVE DATE.—^This section shall be effective as of 
note- 
January 1, 1993. 
SEC. 5. AUTHORITY FOR TEST PROGRAMS. 
(a) 
TRAVEL 
EXPENSES 
TEST PROGRAMS.—Subchapter 
I 
of 
chapter 57 of title 5, United States Code, is amended by adding 
at the end the following new section: 
"§ 5710. Authority for travel expenses test programs 
"(a)(1) Notwithstanding any other provision of this subchapter, 
under a test program which the Administrator of General Services 
determines to be in the interest of the Government and approves, 
an agency may pay through the proper disbursing official for a 
period not to exceed 24 months any necessary travel expenses 
in lieu of any payment otherwise authorized or required under 
this subchapter. An agency shall include in any request to the 
Administrator for approval of such a test program an analysis 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2355 
Reports. 
Deadline. 
of the expected costs and benefits and a set of criteria for evaluating 
the effectiveness of the program. 
"(2) Any test program conducted under this section shall be 
designed to enhance cost savings or other efficiencies that accrue 
to the Government. 
"(3) Nothing in this section is intended to Umit the authority 
of any agency to conduct test programs. 
"(b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program. 
"(c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the appro-
priate committees of the Congress a report on the results of the 
program no later than 3 months after completion of the program. 
"(d) No more than 10 test programs under this section may 
be conducted simultaneously. 
"(e) The authority to conduct test programs under this section Ejqriration date, 
shall expire 7 years after the date of the enactment of the Travel 
and Transportation Reform Act of 1998.". 
(b) RELOCATION EXPENSES TEST PROGRAMS.—Subchapter II of 
chapter 57 of title 5, United States Code, is further amended 
by adding at the end the following new section: 
*
*
§ 5739. Authority for relocation expenses test programs 
"(a)(1) Notwithstanding any other provision of this subchapter, 
under a test program which the Administrator of General Services 
determines to be in the interest of the Government and approves, 
an agency may pay through the proper disbursing official for a 
period not to exceed 24 months any necessary relocation expenses 
in heu of any pa3nnent otherwise authorized or required under 
this subchapter. An agency shall include in any request to the 
Administrator for approval of such a test program an analysis 
of the expected costs and benefits and a set of criteria for evaluating 
the effectiveness of the program. 
"(2) Any test progreun conducted under this section shall be 
designed to enhance cost savings or other efficiencies that accrue 
to the Government. 
"(3) Nothing in this section is intended to limit the authority 
of any agency to conduct test programs. 
"(b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program. 
"(c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the appro-
priate committees of the Congress a report on the results of the 
program no later than 3 months after completion of the program. 
"(d) No more than 10 test programs under this section may 
be conducted simultaneously. 
"(e) The authority to conduct test programs under this section 
E3q)iration date, 
shall expire 7 years after the date of the enactment of the Travel 
and Transportation Reform Act of 1998.". 
(c) CLERICAL AMENDMENTS,—^The table of sections for chapter 
57 of title 5, United States Code, is further amended by— 
Reports. 
Deadline.