[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9981-S9982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           IVANAPAH VALLEY AIRPORT PUBLIC LANDS TRANSFER ACT

  The Senate proceeded to consider the bill (H.R. 1695) to provide for 
the conveyance of certain Federal public lands in the Ivanapah Valley, 
Nevada, to Clark County, Nevada, and for the development of an airport 
facility, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with amendments as follows:
  (Omit the part in black brackets and insert the part printed in 
italic)

                                S. 1695

       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] 
     assessment, using the airspace management plan required by 
     section 4(a), 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

[[Page S9982]]

     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.]
       (2) Deposit in special account.--(A) The Secretary shall 
     deposit the payments received under paragraph (1) into the 
     special account described in section 4(e)(1)(C) of the 
     Southern Nevada Public Land Management Act of 1998 (112 Stat. 
     2345). Such funds may be expended only for the acquisition of 
     private inholdings in the Mojave National Preserve and for 
     the protection and management of the petroglyph resources in 
     Clark County, Nevada. 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.
       (B) The Secretary may not expend funds pursuant to this 
     section until--
       (i) the provisions of section 5 of this Act have been 
     completed; and
       (ii) a final Record of Decision pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
     been issued which permits development of an airport at the 
     Ivanpah site.
       [(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--]
       (d) Reversion and Reentry.--If, following completion of 
     compliance with section 5 of this Act and in accordance with 
     the findings made by the actions taken in compliance with 
     such section, the Federal Aviation Administration and the 
     County determine that an airport should not 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,] Secretary, prior to the conveyance of the land 
     referred to in section 2(a), 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. Any actions 
     conducted in accordance with this section shall specifically 
     address any impacts on the purposes for which the Mojave 
     National Preserve was created.

     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.
  The committee amendments were agreed to.
  The bill (H.R. 1695), as amended, was read the third time and passed.

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