[Congressional Record Volume 145, Number 60 (Thursday, April 29, 1999)]
[Senate]
[Pages S4464-S4465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Bryan):
  S. 930. A bill to provide for the sale of certain public land in the 
Ivanpah Valley, Nevada, to the Clark County, Nevada, Department of 
Aviation; to the Committee on Energy and Natural Resources.


            ivanpah valley airport public land transfer act

  Mr. REID. Mr. President, I rise today to introduce the Ivanpah Valley 
Airport Public Land Transfer Act. This act authorizes the Secretary of 
Interior to convey, at fair market value, certain lands in the Ivanpah 
Valley to the Clark County Department of Aviation. Authorization of 
this conveyance will allow the Department to proceed with the proposed 
development of a new airport to serve Southern Nevada.
  As you are aware, growth in both the general population and the 
tourism industry in Southern Nevada has been and is expected to 
continue to be very strong. Statistics show that over half the people 
who come to Southern Nevada now come by air. From 1985 to 1998, 
operations at McCarran Airport increased at an annual rate of 
approximately five percent. Even if this growth rate slows to two 
percent, activities at McCarran will be at or exceed capacity by the 
year 2014. At this level, the traveling public will also experience 
significant delays. It is obvious we must begin to plan now for the 
future.
  The Department of Aviation has completed an extensive review of 
options available for meeting the growing needs for air traffic in 
Southern Nevada. These options included construction of a new runway at 
McCarran and the building of an entirely new airport at any one of four 
different sites. Analysis of these options shows that for a variety of 
technical, safety-related, and economic reasons, the Ivanpah site is 
the only option that can accommodate the growing air traffic needs of 
the region.
  The bill Senator Bryan and I introduce today is based on similar 
legislation that was introduced in both the House and Senate in the 
105th Congress. However, this bill incorporates changes from the prior 
legislation to address environmental concerns and issues that were 
raised by the Bureau of Land Management in testimony before the House 
Resources Subcommittee on National Parks and Public Lands last year. 
Some of those concerns were related to endangered species habitat, 
potential conflicts with existing uses, and determination of fair 
market value for the lands to be conveyed.
  Congress should be aware that this is not a giveaway. Clark County 
will pay fair market value for the land and the airport will be 
publicly owned and operated. The bill also provides that the revenues 
collected by the government for the sale will be available for other 
use by the BLM under the terms of the Southern Nevada Public Land 
Management Act of 1998.
  The Clark County Department of Aviation is committed to the 
preparation of necessary environmental documentation for airport 
construction once Congressional approval for the land sale is granted. 
The County cannot, however, invest the substantial amounts of time, 
dollars, and resources an environmental study demands without assurance 
the site will be available for purchase should an airport be deemed to 
have no significant negative impacts. The bill also provides for return 
of the land to the Department of Interior, should airport development 
prove to be infeasible.
  I thank my fellow Senator from Nevada, Mr. Bryan, for his support on 
this issue and urge my colleagues to vote for passage of this bill.
  Mr. President. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 930

       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 
     reqirements 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 
     Country, 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.

[[Page S4465]]

       (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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