[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 930

 To provide for the sale of certain public land in the Ivanpah Valley, 
      Nevada, to the Clark County, Nevada, Department of Aviation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 1999

  Mr. Reid (for himself and Mr. Bryan) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the sale of certain public land in the Ivanpah Valley, 
      Nevada, to the Clark County, Nevada, Department of Aviation.

    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 Land 
Transfer Act''.

SEC. 2. CONVEYANCE TO CLARK COUNTY, NEVADA, DEPARTMENT OF AVIATION.

    (a) In general.--
            (1) Conveyance.--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. 1711, 1712), 
        on occurrence of the conditions specified in subsection (b), 
        the Secretary of the Interior (referred to in this section as 
        the ``Secretary'') shall convey to Clark County, Nevada, on 
        behalf of the Department of Aviation (referred to in this 
        section as the ``Department''), all right, title, and interest 
        of the United States in and to the public land 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.
            (2) Map.--The map described in paragraph (1) shall be on 
        file and available for public inspection in the offices of the 
        Director of the Bureau of Land Management and the Las Vegas 
        District of the Bureau of Land Management.
    (b) Conditions.--The Secretary shall make the conveyance under 
subsection (a) if--
            (1) the Department conducts an airspace assessment to 
        identify any potential adverse effect 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 Administrator of the Federal Aviation 
        Administration certifies to the Secretary that--
                    (A) the assessment under paragraph (1) is thorough; 
                and
                    (B) 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 the access in existence as 
                of the date of enactment of this Act; and
            (3) the Department enters into an agreement with the 
        Secretary to retain ownership of Jean Airport and to maintain 
        and develop Jean Airport as a general aviation airport.
    (c) Phased Conveyances.--At the option of the Department, the 
Secretary shall convey the land described in subsection (a) in parcels 
over a period of up to 20 years, as may be required to carry out the 
phased construction and development of the airport facility and 
infrastructure on the land.
    (d) Consideration.--
            (1) In general.--As consideration for the conveyance of 
        each parcel, the Department shall pay the United States an 
        amount equal to the fair market value of the parcel.
            (2) Determination of fair market value.--
                    (A) Initial 3-year period.--During the 3-year 
                period beginning on the date of 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 of the parcel as of a date not later 
                than 180 days after the date of enactment of this Act.
                    (B) Subsequent appraisals.--
                            (i) In general.--The fair market value of 
                        each parcel conveyed after the end of the 3-
                        year period referred to in subparagraph (A) 
                        shall be based on a subsequent appraisal.
                            (ii) Factors.--An appraisal conducted after 
                        that 3-year period--
                                    (I) shall take into consideration 
                                the parcel in its unimproved state; and
                                    (II) shall not reflect any 
                                enhancement in the value of the parcel 
                                based on the existence or planned 
                                construction of infrastructure on or 
                                near the parcel.
            (3) Use of proceeds.--The proceeds of the sale of each 
        parcel--
                    (A) shall be deposited in the special account 
                established under section 4(e)(1)(C) of the Southern 
                Nevada Public Land Management Act of 1998 (112 Stat. 
                2345); and
                    (B) shall be disposed of by the Secretary as 
                provided in section 4(e)(3) of that Act (112 Stat. 
                2346).
    (e) Reversionary Interest.--
            (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 Department is not developing or progressing toward the 
        development of the parcel as part of an airport facility, the 
        Secretary may exercise a right to reenter the parcel.
            (2) Procedure.--Any determination of the Secretary under 
        paragraph (1) shall be made on the record after an opportunity 
        for a hearing.
            (3) Refund.--If the Secretary exercises a right to reenter 
        a parcel under paragraph (1), the Secretary shall refund to the 
        Department an amount that is equal to the amount paid for the 
        parcel by the Department.
    (f) Withdrawal.--The public land described in subsection (a) is 
withdrawn from mineral entry under--
            (1) sections 910, 2318 through 2340, and 2343 through 2346 
        of the Revised Statutes (commonly known as the ``General Mining 
        Law of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 through 30, 33 
        through 43, 46 through 48, 50 through 53); and
            (2) the Act of February 25, 1920 (commonly known as the 
        ``Mineral Lands Leasing Act of 1920'') (41 Stat. 437, chapter 
        85; 30 U.S.C. 181 et seq.).
    (g) Mojave National Preserve.--The Secretary of Transportation 
shall consult with the Secretary in the development of an airspace 
management plan for the Ivanpah Valley Airport that, to the extent 
practicable and without adversely affecting safety considerations, 
restricts aircraft arrivals and departures over the Mojave National 
Preserve, California.
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