[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 94 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 94

To provide for the orderly disposal of Federal lands in Nevada, and for 
 the acquisition of certain environmentally sensitive lands in Nevada, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Bryan (for himself and Mr. Reid) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the orderly disposal of Federal lands in Nevada, and for 
 the acquisition of certain environmentally sensitive lands in Nevada, 
                        and for other purposes.

    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 or exchanged by the Federal Government based on 
        recommendations made by local government and the public.
            (3) The value of land 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 Las Vegas Valley Water 
        District, the Regional Flood Control District, and the Clark 
        County Sanitation District.

SEC. 4. DISPOSAL.

    (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 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'', 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 
        entering into an agreement to initiate an 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 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 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, Nevada, Youth Facilities'', 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 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.
                    (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 section 5, with priority given 
                        to lands located with 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 multi-
species habitat conservation plan in Clark County, Nevada; and
                            (iv) the development of parks, trails, and 
                        natural areas in Clark County, Nevada, pursuant 
                        to a cooperative agreement with a unit of local 
                        government.
                    (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 (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 45704 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 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.

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 by 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.
    (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 of the Interior 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) Determinations 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 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--
            (1) by striking ``or'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting''; or ''; and
            (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 1996 that 
                is not otherwise described in subparagraphs (A) through 
                (G).''.

SEC. 6. 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 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 section 4(e)(1) of this Act 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 selected.--
        Land selected under this section 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 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.).

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 197,300 
acres as generally depicted on the map entitled `Red Rock Canyon 
National Conservation Area--Proposed Modification', numbered ____, and 
dated ________''.
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