[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 449 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 449

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 1997

  Mr. Ensign introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 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 1997''.

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 value of Federal lands in the Las Vegas Valley is 
        enhanced by local infrastructure improvements which are paid 
        for by local government.
            (4) 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 ``Secretaries'' means the Secretary of the 
        Interior and the Secretary of Agriculture.
            (3) 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.
            (4) 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.
            (5) The term ``special account'' means the account in the 
        Treasury of the United States established under section 
        4(e)(1)(C).
            (6) 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.).
            (7) 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, is authorized to dispose of lands 
within the boundary of the area under the jurisdiction of the Direction 
of the Bureau of Land Management in Clark County, Nevada, as generally 
depicted on the map entitled ``Las Vegas Valley, Nevada, Land Disposal 
Map'', numbered ________, and dated ________. 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 
Recreation and Public Purposes Act. Pursuant to any such election, the 
Secretary shall segregate the elected lands in the name of the State of 
Nevada or such unit of the local government.
            (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, 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.--Notwithstanding any other 
        provision of law, the Secretary shall make available to Clark 
        County, Nevada, the land depicted on the map entitled ``Las 
        Vegas Valley Youth Facilities Map'', numbered ________ and 
        dated ________, 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, entry, and patent under the mining laws and from operation 
under the mineral leasing and geothermal leasing laws.
    (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 
        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 
        Secretaries without further appropriation and shall remain 
        available until expended.
            (2) Land exchanges.--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 appraised 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 may be 
        compensated by the Secretary pursuant to any agreement to 
        initiate exchange.
            (3) Availability of Special Account.--
                    (A) In general.--Amounts deposited in the special 
                account may be expended by the Secretaries, acting 
                jointly, 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 Secretaries shall jointly 
                develop procedures for the use of the special account 
                that ensure accountability and demonstrated results.
                    (C) Limitation.--Not more than 50 percent of the 
                amounts available to the Secretaries 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 
        or leased by Clark County, such sale or lease 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 
        or leased by Clark County, such lands shall be sold or leased 
        for fair market value. Clark County shall contribute 85 percent 
        of the gross proceeds from the sale or lease of such lands 
        directly to the special account. If any of such lands sold or 
        leased 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 or lease 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 or lease 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.
    (h) 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 of the Interior 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 Secretaries may 
        acquire by donation, purchase with donated or appropriated 
        funds, or exchange environmentally sensitive land and 
interests in environmentally sensitive land. Lands may not be acquired 
under this section without the consent of the owner thereof.
            (3) Consultation.--Before initiating efforts to acquire 
        land under this subsection, the Secretary of the Interior 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.
            (4) 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, 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--
                    (A) shall become part of the unit or area without 
                further action by the Secretary of the Interior or 
                Secretary of Agriculture; and
                    (B) shall be managed in accordance with all laws 
                and regulations and land use plans applicable to the 
                unit or area.
            (5) Determination of fair market value.--The fair market 
        value of land or an interest in land to be acquired by the 
        Secretary of the Interior or the Secretary of Agriculture under 
        this subsection 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.).
            (6) Payments in lieu of taxes.--Section 6901(1) of title 
        31, United States Code, is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``; or''; and
                    (C) 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 1996 that 
                is not otherwise described in subparagraphs (A) through 
                (G).''.
    (i) Report.--The Secretary of the Interior, 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 section.
    (j) 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 this section 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.
    (k) Affordable Housing.--The Secretary, in consultation with the 
Secretary of Housing and Urban Development, may make available land in 
the State of Nevada in accordance with the Recreation and Public 
Purposes Act 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 is 
assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.).
    (l) 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 
        ______ acres as generally depicted on the map entitled `Red 
        Rock Canyon National Conservation Area--Proposed Modification', 
        numbered ______, and dated ______.''.
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