[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1695 Referred in Senate (RFS)]
2d Session
H. R. 1695
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2000
Received; read twice and referred to the Committees on Energy and
Natural Resources
_______________________________________________________________________
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:
JEFF TRANDAHL,
Clerk.