[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1695 Enrolled Bill (ENR)]
H.R.1695
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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, using the
airspace management plan required by section 4(a), 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.--(A) The Secretary shall
deposit the payments received under paragraph (1) into the special
account described in section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2345). Such funds may
be expended only for the acquisition of private inholdings in the
Mojave National Preserve and for the protection and management of
the petroglyph resources in Clark County, Nevada. 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.
(B) The Secretary may not expend funds pursuant to this section
until--
(i) the provisions of section 5 of this Act have been
completed; and
(ii) a final Record of Decision pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued which permits development of an airport at the
Ivanpah site.
(d) Reversion and Reentry.--If, following completion of compliance
with section 5 of this Act and in accordance with the findings made by
the actions taken in compliance with such section, the Federal Aviation
Administration and the County determine that an airport should not 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, prior to the
conveyance of the land referred to in section 2(a), 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. Any actions conducted in accordance with this section shall
specifically address any impacts on the purposes for which the Mojave
National Preserve was created.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.