[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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