[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1695 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1695
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 1999
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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, 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) Phasing of Conveyances.--The Secretary shall make conveyances
of small parcels of land under subsection (a) over a period of up to 20
years, as such parcels may be needed by the County to construct and
development the airport facility and infrastructure on the lands
conveyed.
(d) 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 (31 U.S.C. 6901 note).
(3) Determinations of fair market value.--During the 3-year
period beginning on the date of the enactment of this Act, the
fair market value of a parcel to be conveyed under subsection
(a) shall be based on an appraisal of the fair market value as
of a date not later than 6 months after the date of the
enactment of this Act. The fair market value of each parcel
conveyed after such period shall be based on an appraisal
conducted after such period. An appraisal conducted after such
period shall consider the parcel in its unimproved state and
shall not reflect any enhancement in value to the parcel based
upon the existence or planned construction of infrastructure on
or near the parcel.
(e) Reversion and Reentry.--
(1) In general.--During the 5-year period beginning 20
years after the date on which the Secretary conveys the first
parcel under subsection (a), if the Secretary determines that
the County is not developing or progressing toward the
development of any parcel of the conveyed lands as an airport
facility, all right, title, and interest in that parcel shall
revert to the United States, and the Secretary may reenter such
lands.
(2) Procedure.--Any determination of the Secretary under
paragraph (1) shall be made only on the record after an
opportunity for a hearing.
(3) Refund.--If any right, title, and interest in lands
revert to the United States under this subsection, the
Secretary shall refund to the County all payments made to the
United States for such lands under subsection (d).
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 Airpsace 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. DEFINITIONS.
In this Act--
(1) the term ``County'' means Clark County, Nevada; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
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