[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 449 Enrolled Bill (ENR)]

        H.R.449

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 Public 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 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 
    Canyon National Conservation Area, and the Spring Mountains 
    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 ``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 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.
        (4) The term ``special account'' means the account in the 
    Treasury of the United States established 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'', 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 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 Director 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 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 Secretary shall retain the 
    elected lands for conveyance to the State of Nevada 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 governmental entity, the Secretary, in 
        accordance with this Act and the Federal Land Policy and 
        Management Act of 1976, and other applicable provisions 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 facilities and systems 
        needed for--
                (i) the impoundment, storage, treatment, 
            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 require 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 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 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 the 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 education program of the State;
            (B) 10 percent shall be paid directly to the Southern 
        Nevada Water Authority for water treatment and transmission 
        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 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.--
            (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 agreement to initiate an 
        exchange was signed by an authorized 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 accordance 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 Bureau of Land Management in Clark 
            County, 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 exchanges under this Act.
            (B) Procedures.--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 demonstrated 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 subparagraph (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 accordance with 
    the Agreement and with section 47504 of title 49, United States 
    Code (relating to airport noise compatibility planning), 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 
    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 proceeds 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 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 conveyance of such lands shall be used by the 
    Secretary of Agriculture to acquire environmentally sensitive land 
    in the Lake Tahoe Basin pursuant to section 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 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.

SEC. 5. 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 Agriculture--
            (A) promote the preservation of natural, scientific, 
        aesthetic, 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 management of 
        public land through consolidation of Federal ownership; or
            (D) otherwise serve the public 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 environmentally 
    sensitive 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 necessity of making the 
    acquisition, the potential impacts on State and local government, 
    and other appropriate aspects of the acquisition. 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 Secretary or the 
Secretary of Agriculture under this section shall be determined 
pursuant to section 206 of the Federal Land Policy and Management Act 
of 1976 and shall be consistent with other applicable requirements and 
standards. Fair 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) By 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 under this Act.

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 subject 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 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 fair market value of lands received 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 section 4 
    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 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 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 
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-Gonzalez 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.