[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3003 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 3003

   To direct the Secretary of the Interior to convey to the City of 
 Henderson, Nevada, certain Federal land located in the City, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to convey to the City of 
 Henderson, Nevada, certain Federal land located in the City, 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 ``Southern Nevada Limited Transition 
Area Act''.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) City.--The term ``City'' means the City of Henderson, 
        Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Special account.--The term ``Special Account'' means 
        the special account established under section 4(e)(1)(C) of the 
        Southern Nevada Public Land Management Act of 1998 (112 Stat. 
        2345).
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Transition area.--The term ``Transition Area'' means 
        the approximately 547 acres of Federal land located in 
        Henderson, Nevada, and identified as ``Limited Transition 
        Area'' on the map entitled ``Southern Nevada Limited Transition 
        Area Act'' and dated November 16, 2004.

SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION AREA.

    (a) Conveyance.--Notwithstanding the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the 
City, the Secretary shall, without consideration and subject to all 
valid existing rights, convey to the City all right, title, and 
interest of the United States in and to the Transition Area.
    (b) Use of Land for Nonresidential Development.--
            (1) In general.--After the conveyance to the City under 
        subsection (a), the City may sell any portion or portions of 
        the Transition Area for purposes of nonresidential development.
            (2) Method of sale.--The sale of land under paragraph (1) 
        shall be--
                    (A) through a competitive bidding process; and
                    (B) for not less than fair market value.
            (3) Compliance with charter.--Except as provided in 
        paragraphs (2) and (4), the City may sell parcels within the 
        Transition Area only in accordance with the procedures for 
        conveyances established in the City Charter.
            (4) Disposition of proceeds.--Of the gross proceeds from 
        the sale of land under paragraph (1), the City shall--
                    (A) deposit 85 percent in the Special Account;
                    (B) retain 10 percent as compensation for the costs 
                incurred by the City--
                            (i) in carrying out land sales under 
                        paragraph (1); and
                            (ii) for the provision of public 
                        infrastructure to serve the Transition Area, 
                        including planning, engineering, surveying, and 
                        subdividing the Transition Area for 
                        nonresidential development; and
                    (C) pay 5 percent to the State for use in the 
                general education program of the State.
    (c) Use of Land for Recreation or Other Public Purposes.--The City 
may elect to retain parcels in the Transition Area for public 
recreation or other public purposes consistent with the Act of June 14, 
1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 
U.S.C. 869 et seq.) by providing to the Secretary written notice of the 
election.
    (d) Noise Compatibility Requirements.--The City shall--
            (1) plan and manage the Transition Area in accordance with 
        section 47504 of title 49, United States Code (relating to 
        airport noise compatibility planning), and regulations 
        promulgated in accordance with that section; and
            (2) agree that if any land in the Transition Area is sold, 
        leased, or otherwise conveyed by the City, the sale, lease, or 
        conveyance shall contain a limitation to require uses 
        compatible with that airport noise compatibility planning.
    (e) Reversion.--
            (1) In general.--If any parcel of land in the Transition 
        Area is not conveyed for nonresidential development under this 
        Act or reserved for recreation or other public purposes under 
        subsection (c) within 20 years after the date of the enactment 
        of this Act, the parcel of land shall, if determined to be 
        appropriate by the Secretary, revert to the United States.
            (2) Inconsistent use.--If the City uses any parcel of land 
        within the Transition Area in a manner that is inconsistent 
        with the uses specified in this section--
                    (A) at the election of the Secretary, the parcel 
                shall revert to the United States; or
                    (B) if the Secretary does not make an election 
                under paragraph (1), the City shall sell the parcel of 
                land in accordance with subsection (b)(2).
                                 <all>