[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Reported in Senate (RS)]

                                                       Calendar No. 286
111th CONGRESS
  2d Session
                                 S. 940

                          [Report No. 111-136]

To direct the Secretary of the Interior to convey to the Nevada System 
   of Higher Education certain Federal land located in Clark and Nye 
               counties, Nevada, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

 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

                             March 2, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior to convey to the Nevada System 
   of Higher Education certain Federal land located in Clark and Nye 
               counties, Nevada, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Southern Nevada Higher 
Education Land Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) southern Nevada is one of the fastest growing 
        regions in the United States, with 750,000 new residents added 
        since 2000 and 250,000 residents expected to be added by 
        2010;</DELETED>
        <DELETED>    (2) the Nevada System of Higher Education serves 
        more than 71,000 undergraduate and graduate students in 
        southern Nevada, with enrollment in the System expected to grow 
        by 21 percent during the next 10 years, which would bring 
        enrollment to a total of 85,000 students in the 
        System;</DELETED>
        <DELETED>    (3) the Nevada System of Higher Education campuses 
        in southern Nevada comprise 1,200 acres, one of the smallest 
        land bases of any major higher education system in the western 
        United States;</DELETED>
        <DELETED>    (4) the University of Nevada, Las Vegas, with 
        27,903 students and 3,000 faculty and staff, is the fourth 
        fastest-growing research university in the United 
        States;</DELETED>
        <DELETED>    (5) the College of Southern Nevada--</DELETED>
                <DELETED>    (A) serves more than 41,000 students each 
                semester; and</DELETED>
                <DELETED>    (B) is near capacity at each of the 3 
                urban campuses of the College;</DELETED>
        <DELETED>    (6) Pahrump, located in rural Nye County, Nevada--
        </DELETED>
                <DELETED>    (A) has grown by 20 percent since 2000; 
                and</DELETED>
                <DELETED>    (B) has a small satellite campus of Great 
                Basin College to serve the 40,500 residents of Pahrump, 
                Nevada; and</DELETED>
        <DELETED>    (7) the Nevada System of Higher Education needs 
        additional land to provide for the future growth of the System, 
        particularly for the University of Nevada, Las Vegas, the 
        College of Southern Nevada, and the Pahrump campus of Great 
        Basin College.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to provide additional land for a thriving 
        higher education system that serves the residents of fast-
        growing southern Nevada;</DELETED>
        <DELETED>    (2) to provide residents of the State with greater 
        opportunities to pursue higher education and the resulting 
        benefits, which include increased earnings, more employment 
        opportunities, and better health; and</DELETED>
        <DELETED>    (3) to provide communities in southern Nevada the 
        economic and societal values of higher education, including 
        economic growth, lower crime rates, greater civic 
        participation, and less reliance on social services.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Board of regents.--The term ``Board of 
        Regents'' means the Board of Regents of the Nevada System of 
        Higher Education.</DELETED>
        <DELETED>    (2) Campuses.--The term ``Campuses'' means the 
        Great Basin College, College of Southern Nevada, and University 
        of Las Vegas, Nevada, campuses.</DELETED>
        <DELETED>    (3) Federal land.--The term ``Federal land'' means 
        each of the 3 parcels of Bureau of Land Management land 
        identified on the maps as ``Parcel to be Conveyed'', of which--
        </DELETED>
                <DELETED>    (A) approximately 40 acres is to be 
                conveyed for the College of Southern Nevada;</DELETED>
                <DELETED>    (B) approximately 2,085 acres is to be 
                conveyed for the University of Nevada, Las Vegas; 
                and</DELETED>
                <DELETED>    (C) approximately 285 acres is to be 
                conveyed for the Great Basin College.</DELETED>
        <DELETED>    (4) Map.--The term ``Map'' means each of the 3 
        maps entitled ``Southern Nevada Higher Education Land Act'', 
        dated July 11, 2008, and on file and available for public 
        inspection in the appropriate offices of the Bureau of Land 
        Management.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Nevada.</DELETED>
        <DELETED>    (7) System.--The term ``System'' means the Nevada 
        System of Higher Education.</DELETED>

<DELETED>SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.</DELETED>

<DELETED>    (a) Conveyances.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding section 202 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1712) and section 1(c) of the Act of June 14, 1926 (commonly 
        known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 
        869(c)), and subject to all valid existing rights, the 
        Secretary shall--</DELETED>
                <DELETED>    (A) not later than 180 days after the date 
                of enactment of this Act, convey to the System, without 
                consideration, all right, title, and interest of the 
                United States in and to the Federal land for the Great 
                Basin College and the College of Southern Nevada; 
                and</DELETED>
                <DELETED>    (B) not later than 180 days after the 
                receipt of certification of acceptable remediation of 
                environmental conditions existing on the parcel to be 
                conveyed for the University of Nevada, Las Vegas, 
                convey to the System, without consideration, all right, 
                title, and interest of the United States in and to the 
                Federal land for the University of Nevada, Las 
                Vegas.</DELETED>
        <DELETED>    (2) Phases.--The Secretary may phase the 
        conveyance of the Federal land under paragraph (1)(B) as 
        remediation is completed.</DELETED>
<DELETED>    (b) Conditions.--</DELETED>
        <DELETED>    (1) In general.--As a condition of the conveyance 
        under subsection (a)(1), the Board of Regents shall agree in 
        writing--</DELETED>
                <DELETED>    (A) to pay any administrative costs 
                associated with the conveyance, including the costs of 
                any environmental, wildlife, cultural, or historical 
                resources studies;</DELETED>
                <DELETED>    (B) to use the Federal land conveyed for 
                educational and recreational purposes;</DELETED>
                <DELETED>    (C) to release and indemnify the United 
                States from any claims or liabilities that may arise 
                from uses carried out on the Federal land on or before 
                the date of enactment of this Act by the United States 
                or any person;</DELETED>
                <DELETED>    (D) as soon as practicable after the date 
                of the conveyance under subsection (a)(1), to erect at 
                each of the Campuses an appropriate and centrally 
                located monument that acknowledges the conveyance of 
                the Federal land by the United States for the purpose 
                of furthering the higher education of the citizens in 
                the State; and</DELETED>
                <DELETED>    (E) to assist the Bureau of Land 
                Management in providing information to the students of 
                the System and the citizens of the State on--</DELETED>
                        <DELETED>    (i) public land (including the 
                        management of public land) in the Nation; 
                        and</DELETED>
                        <DELETED>    (ii) the role of the Bureau of 
                        Land Management in managing, preserving, and 
                        protecting the public land in the 
                        State.</DELETED>
        <DELETED>    (2) Agreement with nellis air force base.--
        </DELETED>
                <DELETED>    (A) In general.--As a precondition of the 
                conveyance of the Federal land for the University of 
                Nevada, Las Vegas under subsection (a)(1)(B), the Board 
                of Regents shall enter into a binding interlocal 
                agreement with Nellis Air Force Base to preserve the 
                long-term capability of Nellis Air Force 
                Base.</DELETED>
                <DELETED>    (B) Requirements.--The interlocal 
                agreement entered into under subparagraph (A) and any 
                related master plan shall require the mutual assent of 
                the parties to the agreement.</DELETED>
                <DELETED>    (C) Limitation.--In no case shall the use 
                of the Federal land conveyed under subsection (a)(1)(B) 
                compromise the national security mission or avigation 
                rights of Nellis Air Force Base.</DELETED>
<DELETED>    (c) Use of Federal Land.--</DELETED>
        <DELETED>    (1) In general.--The System may use the Federal 
        land conveyed under subsection (a)(1) for--</DELETED>
                <DELETED>    (A) any purpose relating to the 
                establishment, operation, growth, and maintenance of 
                the System; and</DELETED>
                <DELETED>    (B) any uses relating to the purposes, 
                including residential and commercial development that 
                would generally be associated with an institution of 
                higher education.</DELETED>
        <DELETED>    (2) Other entities.--The System may--</DELETED>
                <DELETED>    (A) consistent with Federal and State law, 
                lease, or otherwise provide property or space at, the 
                Campuses, with or without consideration, to religious, 
                public interest, community, or other groups for 
                services and events that are of interest to the System 
                or to any community located in southern 
                Nevada;</DELETED>
                <DELETED>    (B) allow any other communities in 
                southern Nevada to use facilities of the Campuses for 
                educational and recreational programs of the community; 
                and</DELETED>
                <DELETED>    (C) in conjunction with the city of Las 
                Vegas, North Las Vegas, or Pahrump or Clark or Nye 
                County plan, finance (including through the provision 
                of cost-share assistance), construct, and operate 
                facilities for the city of Las Vegas, North Las Vegas, 
                or Pahrump or Clark or Nye County on the Federal land 
                conveyed for educational or recreational purposes 
                consistent with this section.</DELETED>
<DELETED>    (d) Reversion.--</DELETED>
        <DELETED>    (1) In general.--If the Federal land or any 
        portion of the Federal land conveyed under subsection (a)(1) 
        ceases to be used for the System, the Federal land, or any 
        portion of the Federal land shall, at the discretion of the 
        Secretary, revert to the United States.</DELETED>
        <DELETED>    (2) University of nevada, las vegas.--If the 
        System fails to complete the first building or show progression 
        toward development of the University of Nevada, Las Vegas 
        campus on the applicable parcels of Federal land by the date 
        that is 50 years after the date of receipt of certification of 
        acceptable remediation of environmental conditions, the parcels 
        of the Federal land described in section 3(3)(B) shall, at the 
        discretion of the Secretary, revert to the United 
        States.</DELETED>

<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Nevada Higher Education 
Land Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the Nevada System of Higher Education.
            (2) Campuses.--The term ``Campuses'' means the Great Basin 
        College, College of Southern Nevada, and University of Las 
        Vegas, Nevada, campuses.
            (3) Federal land.--The term ``Federal land'' means each of 
        the 3 parcels of Bureau of Land Management land identified on 
        the maps as ``Parcel to be Conveyed'', of which--
                    (A) approximately 40 acres is to be conveyed for 
                the College of Southern Nevada;
                    (B) approximately 2,085 acres is to be conveyed for 
                the University of Nevada, Las Vegas; and
                    (C) approximately 285 acres is to be conveyed for 
                the Great Basin College.
            (4) Map.--The term ``Map'' means each of the 3 maps 
        entitled ``Southern Nevada Higher Education Land Act'', dated 
        July 11, 2008, and on file and available for public inspection 
        in the appropriate offices of the Bureau of Land Management.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Nevada.
            (7) System.--The term ``System'' means the Nevada System of 
        Higher Education.

SEC. 3. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

    (a) Conveyances.--
            (1) In general.--Notwithstanding section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) and 
        section 1(c) of the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and 
        subject to all valid existing rights, the Secretary shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, convey to the System, without 
                consideration, all right, title, and interest of the 
                United States in and to the Federal land for the Great 
                Basin College and the College of Southern Nevada; and
                    (B) on the receipt of certification of acceptable 
                remediation of environmental conditions existing on the 
                parcel to be conveyed for the University of Nevada, Las 
                Vegas, convey to the System, without consideration, all 
                right, title, and interest of the United States in and 
                to the Federal land for the University of Nevada, Las 
                Vegas.
            (2) Phases.--The Secretary may phase the conveyance of the 
        Federal land under paragraph (1)(B) as remediation is 
        completed.
    (b) Conditions.--
            (1) In general.--As a condition of the conveyance under 
        subsection (a)(1), the Board of Regents shall agree in 
        writing--
                    (A) to pay any administrative costs associated with 
                the conveyance, including the costs of any 
                environmental, wildlife, cultural, or historical 
                resources studies;
                    (B) to use the Federal land conveyed for 
                educational and recreational purposes;
                    (C) to release and indemnify the United States from 
                any claims or liabilities that may arise from uses 
                carried out on the Federal land on or before the date 
                of enactment of this Act by the United States or any 
                person;
                    (D) as soon as practicable after the date of the 
                conveyance under subsection (a)(1), to erect at each of 
                the Campuses an appropriate and centrally located 
                monument that acknowledges the conveyance of the 
                Federal land by the United States for the purpose of 
                furthering the higher education of the citizens in the 
                State; and
                    (E) to assist the Bureau of Land Management in 
                providing information to the students of the System and 
                the citizens of the State on--
                            (i) public land (including the management 
                        of public land) in the Nation; and
                            (ii) the role of the Bureau of Land 
                        Management in managing, preserving, and 
                        protecting the public land in the State.
            (2) Nellis air force base.--
                    (A) In general.--The Federal land conveyed to the 
                System under this Act shall be used in accordance with 
                the agreement entitled the ``Cooperative Interlocal 
                Agreement between the Board of Regents of the Nevada 
                System of Higher Education, on Behalf of the University 
                of Nevada, Las Vegas, and the 99th Air Base Wing, 
                Nellis Air Force Base, Nevada'' and dated June 19, 
                2009.
                    (B) Modifications.--Any modifications to the 
                interlocal agreement described in subparagraph (A) and 
                any related master plan shall require the mutual assent 
                of the parties to the agreement.
                    (C) Limitation.--In no case shall the use of the 
                Federal land conveyed under subsection (a)(1)(B) 
                compromise the national security mission or avigation 
                rights of Nellis Air Force Base.
    (c) Use of Federal Land.--
            (1) In general.--The System may use the Federal land 
        conveyed under subsection (a)(1) for--
                    (A) any educational or public purpose relating to 
                the establishment, operation, growth, and maintenance 
                of the System, including--
                            (i) educational facilities;
                            (ii) housing for students, employees of the 
                        System, and educators;
                            (iii) student life and recreational 
                        facilities, public parks, and open space;
                            (iv) university and college medical and 
                        health facilities; and
                            (v) research facilities; and
                    (B) any other public purpose that would generally 
                be associated with an institution of higher education, 
                consistent with the Act of June 14, 1926 (commonly 
                known as the ``Recreation and Public Purposes Act'') 
                (43 U.S.C. 869 et seq.).
            (2) Other entities.--The System may--
                    (A) consistent with Federal and State law, lease, 
                or otherwise provide property or space at, the 
                Campuses, with or without consideration, to religious, 
                public interest, community, or other groups for 
                services and events that are of interest to the System 
                or to any community located in southern Nevada;
                    (B) allow any other communities in southern Nevada 
                to use facilities of the Campuses for educational and 
                recreational programs of the community; and
                    (C) in conjunction with the city of Las Vegas, 
                North Las Vegas, or Pahrump or Clark or Nye County 
                plan, finance (including through the provision of cost-
                share assistance), construct, and operate facilities 
                for the city of Las Vegas, North Las Vegas, or Pahrump 
                or Clark or Nye County on the Federal land conveyed for 
                educational or recreational purposes consistent with 
                this section.
    (d) Reversion.--If the Federal land or any portion of the Federal 
land conveyed under subsection (a)(1) ceases to be used for the System 
in accordance with the Act, the Federal land, or any portion of the 
Federal land shall, at the discretion of the Secretary, revert to the 
United States.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 286

111th CONGRESS

  2d Session

                                 S. 940

                          [Report No. 111-136]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of the Interior to convey to the Nevada System 
   of Higher Education certain Federal land located in Clark and Nye 
               counties, Nevada, and for other purposes.

_______________________________________________________________________

                             March 2, 2010

                       Reported with an amendment