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





                                                  Union Calendar No. 49

105th CONGRESS

  1st Session

                               H. R. 449

                          [Report No. 105-68]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 23, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
                                                  Union Calendar No. 49
105th CONGRESS
  1st Session
                                H. R. 449

                          [Report No. 105-68]

 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

                             April 23, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               20, 1997]

_______________________________________________________________________

                                 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 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 June, 1996. 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 
        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 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--
            (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 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.).
    (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 1997 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 section.

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 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.
    (b) Affordable Housing.--The Secretary, in consultation with the 
Secretary of Housing and Urban Development, may make available land in 
the State of Nevada at less than fair market value and under other such 
terms and conditions as he may determine in accordance with local land 
use planning and zoning requirements and recommendations 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 under the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12701 et seq.).

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.''.