[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1695 Engrossed in House (EH)]


  2d Session

                               H. R. 1695

_______________________________________________________________________

                                 AN ACT

 To provide for the conveyance of certain Federal public lands in the 
Ivanpah Valley, Nevada, to Clark County, Nevada, for the development of 
              an airport facility, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 1695

_______________________________________________________________________

                                 AN ACT


 
 To provide for the conveyance of certain Federal public lands in the 
Ivanpah Valley, Nevada, to Clark County, Nevada, for the development of 
              an airport facility, 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 ``Ivanpah Valley Airport Public Lands 
Transfer Act''.

SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.

    (a) In General.--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. 1712 and 1713), but subject to 
subsection (b) of this section and valid existing rights, the Secretary 
shall convey to the County all right, title, and interest of the United 
States in and to the Federal public lands identified for disposition on 
the map entitled ``Ivanpah Valley, Nevada-Airport Selections'' numbered 
01, and dated April 1999, for the purpose of developing an airport 
facility and related infrastructure. The Secretary shall keep such map 
on file and available for public inspection in the offices of the 
Director of the Bureau of Land Management and in the district office of 
the Bureau located in Las Vegas, Nevada.
    (b) Conditions.--The Secretary shall make no conveyance under 
subsection (a) until each of the following conditions are fulfilled:
            (1) The County has conducted an airspace assessment to 
        identify any potential adverse effects on access to the Las 
        Vegas Basin under visual flight rules that would result from 
        the construction and operation of a commercial or primary 
        airport, or both, on the land to be conveyed.
            (2) The Federal Aviation Administration has made a 
        certification under section 4(b).
            (3) The County has entered into an agreement with the 
        Secretary to retain ownership of Jean Airport, located at Jean, 
        Nevada, and to maintain and operate such airport for general 
        aviation purposes.
    (c) Payment.--
            (1) In general.--As consideration for the conveyance of 
        each parcel, the County shall pay to the United States an 
        amount equal to the fair market value of the parcel.
            (2) Deposit in special account.--The Secretary shall 
        deposit the payments received under paragraph (1) in the 
        special account described in section 4(e)(1)(C) of the Southern 
        Nevada Public Land Management Act of 1998 (112 Stat. 2345). The 
        second sentence of section 4(f) of such Act (112 Stat. 2346) 
        shall not apply to interest earned on amounts deposited under 
        this paragraph.
    (d) Reversion and Reentry.--If, following completion of compliance 
with section 5 of this Act, the Federal Aviation Administration and the 
County determine that an airport cannot be constructed on the conveyed 
lands--
            (1) the Secretary of the Interior shall immediately refund 
        to the County all payments made to the United States for such 
        lands under subsection (c); and
            (2) upon such payment--
                    (A) all right, title, and interest in the lands 
                conveyed to the County under this Act shall revert to 
                the United States; and
                    (B) the Secretary may reenter such lands.

SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.

    The public lands referred to in section 2(a) are withdrawn from 
mineral entry under the Act of May 10, 1872 (30 U.S.C. 22 et seq.; 
popularly known as the Mining Law of 1872) and the Mineral Leasing Act 
(30 U.S.C. 181 et seq.).

SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.

    (a) Development of Airspace Management Plan.--The Secretary of 
Transportation shall, in consultation with the Secretary, develop an 
airspace management plan for the Ivanpah Valley Airport that shall, to 
the maximum extent practicable and without adversely impacting safety 
considerations, restrict aircraft arrivals and departures over the 
Mojave Desert Preserve in California.
    (b) Certification of Assessment.--The Administrator of the Federal 
Aviation Administration shall certify to the Secretary that the 
assessment made by the County under section 2(b)(1) is thorough and 
that alternatives have been developed to address each adverse effect 
identified in the assessment, including alternatives that ensure access 
to the Las Vegas Basin under visual flight rules at a level that is 
equal to or better than existing access.

SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 
              REQUIRED.

    Prior to construction of an airport facility on lands conveyed 
under section 2, all actions required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to initial 
planning and construction shall be completed by the Secretary of 
Transportation and the Secretary of the Interior as joint lead 
agencies.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the term ``County'' means Clark County, Nevada; and
            (2) the term ``Secretary'' means the Secretary of the 
        Interior.

            Passed the House of Representatives March 9, 2000.

            Attest:

                                                                 Clerk.