[Congressional Record Volume 148, Number 76 (Tuesday, June 11, 2002)]
[Senate]
[Pages S5367-S5385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN:
S. 2607. A bill to authorize the Secretary of the Interior and the
Secretary of Agriculture to collect recreation fees on Federal lands,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. BINGAMAN. Mr. President, today I am introducing legislation to
authorize the Federal land management agencies, the National Park
Service, U.S. Fish and Wildlife Service, Bureau of Land Management and
Forest Service, to collect visitor recreation fees, and to use the
proceeds from the fees to continue to fund high priority resource
protection and maintenance backlog needs.
Following enactment of the Recreation Fee Demonstration Program in
1996, the Federal agencies have been authorized to experiment with
various fee collection proposals. That program also authorized the
Federal agencies, for the first time, to retain all of the fee revenues
and to use those funds, without the need for further appropriation, on
maintenance backlog and other funding needs.
The Recreation Fee Demonstration Program has been extended each year,
most recently through September 30, 2004. For the most part, the fee
demonstration program has been very successful. However, unlike the
previous fee authority in the Land and Water Conservation Fund Act, the
fee demonstration program contained no guidance to the agencies or
limitations on the types of fees that could be collected. As a result,
the program has generated some controversy, especially with respect to
certain Forest Service and Bureau of Land Management lands where fees
had not historically been charged.
The bill I am introducing today builds upon the positive results from
the Recreation Fee Demonstration Program, while including new criteria
to ensure that fees are not imposed inappropriately. The bill provides
the Secretary of the Interior and the Secretary of Agriculture with
considerable discretion to administer the program while ensuring that
recreational access to Federal lands remains available to all
Americans. Most importantly, the bill maintains the existing
requirement that a majority of the fees be retained for expenditure at
the site where collected.
I believe there is strong support for enacting permanent fee
authority. The Committee on Energy and Natural Resources will hold a
hearing on this bill on June 19, and I hope it will be ready for
consideration by the full Senate in the near future.
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. 2607
Be it enacted in the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S5368]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Recreation Fee
Authority Act''.
SEC. 2. RECREATION FEES ON FEDERAL LANDS.
(a) General Authority.--Except as provided in subsection
(b):
(1) The Secretary of the Interior is authorized to collect
recreation fees, including entrance and use fees, on the
following lands administered by the Secretary:
(A) Units of the National Park System;
(B) Units of the National Wildlife Refuge System; and
(C) National monuments and national conservation areas
administered by the Bureau of Land Management.
(2) The Secretary of Agriculture is authorized to collect
recreation fees, including entrance and use fees, on the
following National Forest System lands administered by the
Secretary:
(A) National monuments;
(B) National volcanic monuments;
(C) National scenic areas; and
(D) National recreation areas.
(3) The Secretary of the Interior, with respect to lands
administered by the Bureau of Land Management, and the
Secretary of Agriculture, with respect to National Forest
System lands, is also authorized to collect fees at areas not
described in paragraphs (1) and (2) if--
(A) such area is managed primarily for outdoor recreation
purposes and contains at least one major recreation
attraction;
(B) such area has had substantial Federal investments, as
determined by the appropriate Secretary, in--
(i) providing facilities or services to the public; or
(ii) restoring resource degradation caused by public use;
and
(C) public access to the area is provided in such a manner
that entrance fees can be efficiently collected at one or
more centralized locations.
(5) The Secretary of the Interior or the Secretary of
Agriculture, as appropriate, may reduce or waive any fee
authorized under this Act, as appropriate.
(6) For each unit or area collecting an entrance fee, the
appropriate Secretary shall establish at least one day each
year during periods of high visitation as a ``Fee Free Day''
when no entrance fee shall be charged.
(7) No recreation fees of any kind shall be imposed or
collected for outdoor recreation purposes on Federal lands
under the jurisdiction of the Secretary of the Interior or
the Secretary of Agriculture, except as provided in this Act.
(b) Prohibition on Fees.--(1) No recreation fees shall be
charged under this Act--
(A) for travel by private, noncommercial vehicle over any
national parkway or any road or highway established as a part
of the National Federal Aid System, as defined in section 101
of title 23, United States Code, which is commonly used by
the public as a means of travel between two places, either or
both of which are outside of the fee area;
(B) for travel by private, noncommercial vehicle over any
road or highway to any land in which a person has any
property right if such land is within the unit or area at
which recreation fees are charged;
(C) for any person who has a right of access for hunting or
fishing privileges under a specific provision of law or
treaty; or
(D for any person who is engaged in the conduct of official
business within the unit or area at which recreation fees are
charged.
(2) Entrance fees shall not be charged--
(A) for any person under 16 years of age;
(B) for admission of organized school groups or outings
conducted for education purposes by schools or other bona
fide educational institutions;
(C) for any area containing deed restrictions on charging
fees;
(D) for any person entering a national wildlife refuge who
is the holder of a valid migratory bird hunting and
conservation stamp issued under section 2 of the Act of March
16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp
Act);
(E) for any person holding a valid Golden Eagle Passport,
Golden Age Passport, Golden Access Passport, or for entrance
to units of the National Park System, a National Parks
Passport; and
(F) at the following areas administered by the National
Park Service:
(i) U.S.S. Arizona Memorial;
(ii) Independence National Historical Park;
(iii) any unit of the National Park System within the
District of Columbia or the Arlington House--Robert E. Lee
National Memorial in Virginia; and
(iv) any unit of the National Park System located in
Alaska, with the exception of Denali National Park and
Preserve (notwithstanding section 203 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 410hh-2)); and
(G) in Smoky Mountains National Park, unless entrance fees
are charged on main highways and thoroughfares, no fees shall
be charged for entrance on other routes into the park, or any
part thereof.
(c) Fee Considerations.--(1) Recreation fees charged by the
Secretary of the Interior or the Secretary of Agriculture
shall be fair and equitable, taking into consideration--
(A) the direct and indirect cost to the Federal agency
involved;
(B) the benefits and services provided to the visitor;
(C) the public policy and management objectives served;
(D) costs to the visitor;
(E) the effect of multiple fees charged within the same
area;
(F) fees charged at comparable sites by other public
agencies; and
(G) the economic and administrative feasibility of fee
collection at the site.
(2) The Secretary of the Interior and the Secretary of
Agriculture shall work cooperatively to ensure that
comparable fees and services are established on Federal lands
under each Secretary's jurisdiction, and that guidelines for
assessing the type and amount of recreation fees are
consistent between areas under each Secretary's jurisdiction.
(3) The Secretary of the Interior and the Secretary of
Agriculture shall, to the extent practicable, seek to
minimize multiple fees within specific units or areas.
(d) Recreation Use Fees.--(1) The Secretary of the Interior
and the Secretary of Agriculture may provide for the
collection of recreation use fees where the Federal agency
develops, administers, provides, or furnishes at Federal
expense, specialized outdoor recreation sites, facilities,
equipment, or services.
(2) As used in this subsection, the term ``specialized
outdoor recreation sites, facilities, equipment, or
services'' includes--
(A) a developed campground;
(B) a swimming site;
(C) a boat launch facility;
(D) a managed parking lot;
(E) facility or equipment rental;
(F) an enhanced interpretive program;
(G) a reservation service; or
(H) a transportation service.
(3) Recreation use fees may not be charged for--
(A) general access to an area;
(B) access to a visitor center;
(C) a dispersed area with little or no Federal investment;
(D) a scenic overlook or wayside;
(E) drinking fountains or restrooms;
(F) undeveloped parking;
(G) picnic tables (when not part of a developed campground
or recreation area);
(H) special attention or extra services necessary to meet
the needs of the disabled; or
(I) any nonrecreational activity authorized under a valid
permit issued under any other Act.
(e) Special Recreation Permit Fee.--The Secretary of the
Interior or the Secretary of Agriculture may require a
special recreation permit and may charge a special recreation
permit fee for recreation use involving a group activity, a
commercial tour, a commercial aircraft tour, a recreation
event, use by a motorized recreation vehicle, a competitive
event, and an activity where a permit is required to ensure
resource protection or public safety.
SEC. 3. ANNUAL PASSES.
(a) In General.--The Secretary of the Interior and the
Secretary of Agriculture shall jointly establish procedures
for the issuance of, and make available the following passes:
(1) Golden eagle passport.--An annual admission permit, to
be known as the ``Golden Eagle Passport'', to be valid for a
period of one year for admission into any unit or area
collecting an entrance fee under this Act.
(2) Golden age passport.--A lifetime admission permit to
any citizen of, or person domiciled in the United States
sixty-two years of age or older, entitling the permittee to
admission into any unit or area collecting an entrance fee
under this Act.
(3) Golden access passport.--A lifetime admission permit to
any citizen of, or person domiciled in the United States who
is blind or permanently disabled, to be issued without cost.
(4) Other passes.--The Secretary of the Interior and the
Secretary of Agriculture may develop such other annual,
regional or site-specific passes as they deem appropriate.
(b) Terms and Conditions.--
(1) Unless determined otherwise by the Secretary of the
Interior and the Secretary of Agriculture, the passes
authorized under this section shall be issued under the same
terms and conditions as existed for such passes as of the
date of enactment of this Act.
(2) The Secretaries shall develop such terms and conditions
for the passes authorized in this section as they deem
necessary.
(c) National Park Passport.--Nothing in this Act affects
the authority of the Secretary of the Interior to issue
national park passports, as authorized in title VI of the
National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991
et seq.).
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary of the Interior and the
Secretary of Agriculture shall establish guidelines
identifying the process by which the agencies under each
Secretary's jurisdiction shall establish and change the
amounts charged for any recreation fee, including entrance
fees, recreation use fees, or special recreation permit fees
collected under this Act. Such guidelines shall require that
the agencies coordinate with each other, to the extent
practicable, when establishing or changing fees.
(b) Notice.--The Secretary of the Interior or the Secretary
of Agriculture, as appropriate, shall post clear notice of
any entrance fee and available passes at appropriate
locations within each area where a recreation fee is charged.
Notice shall also be included in publications distributed at
the unit or area where the fee is collected. The Secretaries
shall jointly take such actions as may be necessary to
provide information to the public on all available passes
authorized by this Act.
[[Page S5369]]
(c) Notice of Recreation Fee Projects.--The Secretary of
the Interior and the Secretary of Agriculture shall, to the
extent practicable, post clear notice of where work is being
done using fee revenues collected under this Act.
(d) Fee Management Agreements.--Notwithstanding the Federal
Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301
et seq.), the Secretary of the Interior and the Secretary of
Agriculture may enter into fee management agreements, that
provide for reasonable commissions or reimbursements, with
any governmental or nongovernmental entities to provide fee
collection and processing services, including visitor
reservation services.
(e) Volunteers.--The Secretary of the Interior and the
Secretary of Agriculture may use volunteers, as appropriate,
to collect fees and sell passes authorized by this Act.
SEC. 5. EXPENDITURE OF FEES.
(a) Special Account.--The Secretary of the Treasury shall
establish a separate special account in the Treasury for each
Federal agency collecting recreation fees under this Act.
Amounts collected by each agency under this Act shall be
deposited into its special account in the Treasury, and shall
be available for expenditure by the appropriate agency,
without further appropriation, to remain available until
expended.
(b) Distribution.--(1) Eighty percent of the amounts
collected at a specific unit or area shall remain available
for expenditure without further appropriation, at the unit or
area where the fees were collected, except that the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate, may reduce the local allocation amount to not
less than 60 percent of the fees collected if the Secretary
determines that the unit or area's revenues in any specific
fiscal year exceed its reasonable needs for which
expenditures may be made.
(2) Amount not retained at the site or area collecting the
fee shall remain available for expenditure without further
appropriation to the Federal agency administering the site,
for distribution in accordance with national priority needs
within such agency.
(3) Revenues from the sale of annual passes shall be
distributed in accordance with revenue sharing agreements
developed by the Secretary of the Interior and the Secretary
of Agriculture.
(c) Use of Fee Revenues.--Amounts made available under
subsection (b)(1) for expenditure at a specific unit or area
shall be accounted for separately from amounts available
under (b)(2). Both amounts shall be used for resource
preservation, backlogged repair and maintenance projects
(including projects related to health and safety),
interpretation, signage, habitat for facility enhancement,
law enforcement related to public use, maintenance, and
direct operating or capital costs associated with the
recreation fee program.
SEC. 6. CONFORMING AMENDMENTS.
(a) Repeal of Other Fee Authorities.--Section 4 of the Land
and Water Conservation Fund Act (16 U.S.C. 4601-4a) and
section 315 of Public Law 104-134, as amended (16 U.S.C.
4601-4a note), are repealed, except that the repeal of such
provisions shall not affect the expenditure of revenues
already obligated. All unobligated amounts as of the date of
enactment of this Act shall be transferred to the appropriate
special account established under this Act and shall be
available as provided in this Act.
(b) Federal and State Law Unaffected.--Nothing in this Act
shall be construed--
(1) to authorize Federal hunting or fishing licenses or
fees;
(2) to authorize charges for commercial or other activities
not related to recreation;
(3) to affect any rights or authority of the States with
respect to fish and wildlife;
(4) to repeal or modify any provision of law that provides
that any fees or charges collected at specific Federal areas
be used for, or created to specific purposes or special funds
as authorized by that provision of law; or
(5) to repeal or modify any provision of law authorizing
States or political subdivisions thereof to share in revenues
from Federal lands.
______
By Mr. HOLLINGS (for himself, Mr. Gregg, Mr. Kerry, Ms. Snowe,
Mr. Inouye, Mr. Reed, Mr. Breaux, Mr. Cleland, Mr. DeWine, Mr.
Sarbanes, Mr. Biden, Mr. Kennedy, Ms. Mikulski, Mr. Cochran,
Mr. Torricelli, Mrs. Murray, Ms. Landrieu, Mr. Corzine, and Mr.
Lieberman):
S. 2608. A bill to amend the Coastal Zone Management Act of 1972 to
authorize the acquisition of coastal areas in order better to ensure
their protection from conversion or development; to the Committee on
Commerce, Science, and Transportation.
Mr. HOLLINGS. Mr. President, I rise today with my colleague Senator
Gregg to introduce the Coastal and Estuarine Land Protection Act of
2002. I would like to thank our cosponsors, Senators Kerry, Snowe,
Inouye, J. Reed, Breaux, Cleland, DeWine, Sarbanes, Biden, Kennedy,
Mikulski, Cochran, Torricelli, Murray, and Landrieu for their support
of this bill, which marks another important chapter of our thirty year
effort to put coastal and ocean issues at the forefront of
environmental policy.
When I was Governor of South Carolina over 30 years ago, I
experienced first hand the need for Federal direction and assistance to
the States to enable them to effectively and sustainably manage coastal
development. My experiences during a series of coastal hearings and
continued research in the Senate led me to write the Coastal Zone
Management Act of 1972, which provided clear policy objectives for
states to establish coordinated coastal zone management programs to
help balance coastal development with protection. Since the CZMA became
law, 34 of the 35 coastal states have established approved programs to
help preserve and utilize their precious resources, and the program has
proven to be a successful partnership between the Federal government
and our states.
But we appear to need more tools to help States continue the job we
started in 1972. In the year 2002, as our population grows, more and
more people are moving to the coast to enjoy its beauty and
recreational opportunities. In fact, by 2010, an estimated 60 percent
of Americans will live along our coasts, which represent less than 17
percent of our land area. More than 3,000 people move to coastal areas
everyday, and fourteen of the Nation's 20 largest cities are on the
coast, and are five times more densely populated than the interior of
the country. As these good folks move to take advantage of coastal
living, we have to be careful that we don't destroy the natural
resources and quality of life that draw them to our shores. Big changes
are coming to all of our coastal counties, and we must make some
careful and smart decisions if we want to keep the very resources we
depend on.
In particular, estuaries and wetlands have many unique attributes
that make them important to both our natural resources and our economy.
Estuaries, and the watersheds that flow into them, support fisheries
and wildlife and contribute immensely to the coastal area economies.
Wetlands are critical to many life cycles of organisms and help improve
surface water quality by filtering our wastes. But these ecologically
and economically important watersheds are also under the most threat
from land development and conversion away from their natural state. The
Forest Service's recently released Southern Forest Resource Assessment
shows that coastal urbanization trends are particularly strong in the
southeastern areas. In my state alone, the natural forests of the
coastal plain are projected to decrease by 1.9 million acres in the
next 40 years--a 35 percent loss of South Carolina's forests. These
findings and future trends tell me that for the good of our coastal
communities we need some fast, targeted action to protect ecologically
important coastal areas most threatened with development or conversion.
Now more than ever, the pressures of urbanization and pollution along
our Nation's coasts threaten to impair watersheds, impact wildlife
habitat and cause irreparable damage to the fragile coastal ecology.
This year the Environmental Protection Agency rated the overall
condition of our coastal waters as fair to poor, with 44 percent of
estuarine areas impaired for human or aquatic life use. While some
areas of the country are seeing some improvement as a result of control
on industry, the experts predict that the more pristine areas like the
Southeast, which as some of the best water quality in the Nation, will
experience degradation of water quality due primarily to runoff of
pollutants from rapid development in our coastal watersheds. This is
very bad news for the shrimpers, oystermen, and recreational users who
depend on these waters for their livelihood and quality of life.
We see strong signals of what continuing down this path will bring
us: sustained beach closings due to excess sewage drainage; shellfish
bed closings and fish consumption advisories resulting from toxic
runoff or bacteria; fish kills due to lack of oxygen from nutrient
runoff; marine mammal diseases; and human health impacts. The National
Research Council reports that over the next 20 years over 70 percent of
our estuaries will experience more of
[[Page S5370]]
these low oxygen, or ``eutrophic'' conditions, such as the Gulf ``Death
Zone.'' If this trend continues, our coastal economies will suffer and
perhaps never recover. I know in my state the economy would falter
greatly from the lack of fishing, shrimping and tourism opportunities,
and this is true up and down the Atlantic coast, which contains 37
percent of the Nation's estuarine areas.
The good news is that there are ways we can make a difference, and we
have some goods models we can turn to. I am proud to say my home state
of South Carolina is a leader in this area. The past decade I have led
an extensive cooperative conservation effort, bringing together the
State of South Carolina, private landowners, groups like the Nature
Conservancy, Ducks Unlimited and Federal partners like NOAA and the
Fish and Wildlife Service to protect the ACE Basin. It is now the
largest pristine estuarine reserve on the East Coast, a 350,000-acre
area at the convergence of the Edisto, Ashepoo and Combahee Rivers,
which comprises many ecologically important habitats that are home to
many fish and bird species, including a number of endangered species.
An outcome of these efforts is that the ACE Basin, already home to a
National Wildlife Refuge, was declared a National Estuarine Research
Reserve in 1992, and has been growing in size ever since. In building
the ACE Basin, the partners worked creatively and in a coordinated
manner, and we successfully obtained land acquisition funds through a
variety of federal sources, including the Forest Legacy Program.
What became clear, however, is that there is no federal program
explicitly setting aside funding for conservation of coastal lands,
where the needs are clearly the greatest. That is exactly what the
Coastal and Estuarine Land Protection Act of 2002 will do. The bill,
which is strongly supported by The Trust for Public Land, Coastal
States Organization, The Nature Conservancy and Land Trust Alliance,
amends the CZMA to authorize a competitively matching grant program in
NOAA to enable states to permanently protect important coastal areas.
Under this NOAA program, coastal states can compete for matching funds
of up to 75 percent to acquire land or easements for the protection of
endangered coastal areas that have considerable conservation,
recreation, ecological, historical or aesthetic values threatened by
development or conversion. The bill also provides funding for a
regional watershed demonstration project that can be used as a model
for future watershed-scale programs. The program is authorized at $60
million for fiscal year 2003 and beyond, with an additional $5 million
for the regional watershed demonstration project.
By establishing a plan for the preservation of our coastal areas, the
Coastal and Estuarine Land Protection Act will build on the foundation
laid down by the CZMA, all in stride with the changing times, growing
number of people, and limited resources available today. When it comes
to the environment, rules and regulations sometimes can't do it all.
Sometimes cooperative actions work better and we can turn to models
that encourage joint conservation projects among folks who all want the
same thing, sustainable coasts.
Partnership programs among federal government, state agencies, local
governments, private landowners and non-profits, like the ACE Basin
Project, work and we need to encourage these partnerships in all our
coastal areas if we are to prevent degradation of our coastal
resources. The good news is that we can make a difference today by
providing the funding for land conservation partnerships provided for
by Coastal and Estuarine Land Protection Act. I am proud to be a
sponsor of this bill, which will not only improve the quality of the
coastal areas and marine life it supports, but also sustain surrounding
communities and their way of life.
Mr. GREGG. Mr. President, I rise today along with Senator Hollings to
introduce S. 2608, the Coastal and Estuarine Land Protection Act. We
are introducing this much needed coastal protection act along with
Senators Cochran, DeWine, Snowe, Biden, Carper, Cleland, Inouye,
Breaux, Landrieu, Sarbanes, Mikulski, Kennedy, Kerry, Torricelli, and
Murray. In addition, this legislation is supported by the Coastal
States Organization, the National Estuarine Research Reserve
Association, the Trust for Public Lands, The National Conservancy, and
the Land Trust Alliance.
The Coastal and Estuarine Land Protection Act promotes coordinated
land acquisition and protection efforts in coastal and estuarine areas
by fostering partnerships between non-governmental organizations and
federal, state, and local governments. With Americans rapidly moving to
the coast, pressures to develop critical coastal ecosystems are
increasing. There are fewer and fewer undeveloped and pristine areas
left in the nation's coastal and estuarine watersheds. These areas
provide important nursery habitat for two-thirds of the nation's
commercial fish and shellfish, provide nesting and foraging habitat for
coastal birds, harbor significant natural plant communities, and serve
to facilitate coastal flood control and pollutant filtration.
The Coastal and Estuarine Land Protection Act pairs willing sellers
through community-based initiatives with sources of federal funds to
enhance environmental protection. Lands can be acquired in full or
through easements, and none of the lands purchased through this program
would be held by the federal government. S. 2608 puts land conservation
initiatives in the hands of state and local communities. This new
program, authorized through the National Oceanic and Atmospheric
Administration at $60,000,000 per year, would provide federal matching
funds to states with approved coastal management programs or to
National Estuarine Research Reserves through a competitive grant
process. Federal matching funds may not exceed 75% of the cost of a
project under this program, and non-federal sources may count in-kind
support toward their portion of the cost share.
This coastal land protection program provides much needed support for
local coastal conservation initiatives throughout the country. In my
role as the Ranking Member of the Commerce, Justice, State
Appropriations Subcommittee, I have been able to secure significant
funds for the Great Bay estuary in New Hampshire. This estuary is the
jewel of the seacoast region, and is home to a wide variety of plants
and animal species that are particularly threatened by encroaching
development and environmental pollutants. By working with local
communities to purchase lands or easements on these valuable parcels of
land, New Hampshire has been able to successfully conserve the natural
and scenic heritage of this vital estuary.
Programs like the Coastal and Estuarine Land Protection program will
now enable other states to participate in these community-based
conservation efforts in coastal areas. This program was modeled after
the U.S. Department of Agriculture's successful Forest Legacy Program,
which has conserved millions of acres of productive and ecologically
significant forest land around the country.
I welcome the opportunity to offer this important legislation, with
my close friend, Senator Hollings. I am thankful for his strong
leadership on this issue, and look forwarding to working with him to
make the vision for this legislation a reality, and to successfully
conserve our ecologically, historically, recreational, and
aesthetically important coastal lands.
______
By Mr. LEAHY (for himself and Mr. Schumer):
S. 2609. A bill to require the Federal Trade Commission to promulgate
a rule to establish requirements with respect to the release of
prescriptions for contact lenses; to the Committee on Commerce,
Science, and Transportation.
Mr. LEAHY. Mr. President, the Contact Lens Prescription Release Act
of 2002 will rectify a troubling anomaly in competition and health care
law: Eye doctors have long been required to provide patients with the
prescriptions for their eyeglasses, but not for contact lenses. This
bill will require ophthalmologists and optometrists to release contact
lens prescriptions to their patients, just as they have long been
required to do for eyeglass wearers.
Since 1973, when the Federal Trade Commission issued a regulation
requiring the automatic release of eyeglass prescriptions, the millions
of citizens who wear glasses have had access to,
[[Page S5371]]
and the use of, their own prescriptions. They have long been able to
``shop around'' for the best provider of eyeglasses for themselves, but
contact lens wearers are often forced to purchase their contacts from
their eye doctors, because they have been denied possession of their
own prescriptions.
The contact lens industry was in its infancy in 1973, and thus was
excluded from the FTC's regulation. Now that 35 million Americans wear
contact lenses, the industry is profoundly different. Thirty years ago,
it made sense that the FTC did not extend its rule to cover contact
lenses, but now that so many patients wear contacts, it seems the time
is ripe for the law to reflect this growing health care trend. In
addition, because patients' prescriptions can be exclusively held by
their doctors, anticompetitive behavior among some eye doctors has
escalated, to the detriment of consumers and competition.
In some instances, doctors can effectively force their patients to
buy contact lenses from their doctors who can also require them to come
in for eye exams before they receive replacement lenses, even if there
is no change to the prescription. Patients must then pay for medical
services they do not want, and cannot shop around for the best price or
most convenient delivery service for their contact lens, like on-line
ordering, or discount dealers. In fact, thirty-two State Attorneys
General have recently settled an antitrust suit against the American
Optometric Association and Johnson & Johnson, maker of ACUVUE
disposable contact lenses, in which the attorneys general alleged that
defendants conspired to force patients to buy their lenses only from
eye doctors, and to eliminate competition from alternative distributors
of contact lenses.
The Contact Lens Prescription Release Act would require the FTC to
amend its trade regulation rule on ophthalmic practice to require a
contact lens prescriber to release to the patient, or her agent, a copy
of the prescription, and it would make it an unfair practice for any
contact lens supplier to represent that the lenses could be obtained
without a valid prescription. This bill would put contact lens wearers
in the same position as their bespectacled brethren: They could have
control of their own medical information, and be able to choose the
right supplier, from a more competitive marketplace of suppliers, for
themselves.
______
By Mr. WELLSTONE (for himself and Mr. Corzine):
S. 2610. A bill to amend part A of title IV of the Social Security
Act to include efforts to address barriers to employment as a work
activity under the temporary assistance to needy families program, and
for other purposes; to the Committee on Finance.
Mr. WELLSTONE. Mr. President, I rise today to introduce the Chance to
Succeed Act of 2002 on behalf of myself and my colleagues Senator
Corzine.
The research is clear that many of the parents still receiving
Temporary Assistance for Needy Families, TANF, cash assistance have
barriers, often multiple barriers, that make it harder, sometime
impossible, for them to work. These barriers include mental and
physical impairments including learning disabilities, domestic and
sexual violence, substance abuse, limited English proficiency, and
hopelessness. In some cases, parents are caring for a child with
disabilities and this inhibits their ability to meet the State's work
requirements.
In my own State of Minnesota, we are beginning to see compelling
evidence that many families receiving TANF, have significant barriers
to employment. A recent study done by Lifetrack Resources looked at
welfare recipients participating in a transitional jobs program. This
research found that individuals participating in the program had an
average of seven barriers to employment, ranging from a lack of
reliable transportation to limited education to domestic violence
issues. Welfare offices in Ramsey and Hennepin Counties, where the bulk
of families approaching their 5 year lifetime limit live, found similar
results as they have begun testing TANF recipients for learning
problems, mental illness, physical limitations and other disabilities.
They found that: about two-thirds of the parents in each county have
problems severe enough to qualify for benefits extension; In Ramsey
county, testers who have worked with several hundred parents, have
found the average IQ for English speakers was 82. An IQ of 100 is
considered average; and Hennepin County found that 24 percent of a
sample of 66 parents reaching their time limits had a mental illness.
With additional help, many of these families in Minnesota and
elsewhere, will be better able to maximize their potential and move
toward greater financial independence. In order to be able to better
help these families address such barriers and move toward work, States
need to have in place policies and procedures that help identify these
families and the barriers they face and provide them with the services
and supports they will need to eventually succeed in the workplace.
There is no need for these policies and procedures to be identical--one
size does not fit all for states or families. But, the failure to have
any such procedures results in families with barriers being
inappropriately sanctioned while also unable to work. It also means
that States are not using their limited TANF resources most efficiently
to ensure accurate matching of families' barriers with program to help
to address those barriers. Inadequate screening and assessment impedes
states' ability to better tailor their programs and the individual's
responsibility plan to meet a family's needs.
Some States have already taken steps along the lines proposed in this
bill. The purpose of the provisions in this bill is to put into place a
skeletal structure in each State, leaving the States with flexibility
in terms of exactly how the various provisions are implemented, will
help to ensure that both states and families have the tools they need
to ultimately ensure that more low-income families succeed in the
workplace. The Chance to Succeed Act encourages states to better serve
the needs of TANF recipients with barriers to employment by: giving
states broad flexibility to place TANF recipients in barrier-removal
activities and count recipients participating in such activities toward
federal work participation rates for at least three months; improving
service delivery for families with barriers by developing a screening,
assessment and service delivery process; providing technical assistance
to states to develop model practices, standards and procedures for
screening, assessment and addressing barriers to move individuals into
employment; and providing funding for state-level advisory panels to
improve state policies and procedures for assisting families with
barriers to work; helping TANF recipients with barriers to employment
move into the workforce by creating personal responsibility plans that
outline an employment goal for moving an individual into stable
employment; the obligations of the individual to work toward becoming
and remaining employed in the private sector; the individual's long-
term career goals and the specific work experience, education, or
training needed to reach them; and the services the State will offer
based on screening and assessment; and developing sanction,
conciliation and follow-up procedures that address barriers and improve
compliance.
TANF recipients want to work and be able to provide for themselves
and their children. To be poor in this country is difficult enough, but
to be poor and on welfare carries with it a stigma that makes life
nearly impossible. States like Minnesota and others are only now coming
to understand the true depth and extent of the kinds of barriers to
employment that many TANF recipients face. It takes a tremendous
commitment of effort and resources to provide individuals with the
services and supports they need to address these barriers so that they
may successfully transition into the workforce. It is critical that our
federal TANF policies do all that is possible to help those states that
are already making this kind of commitment. I believe this bill does
just that, and I urge each of my colleagues to support it. I look
forward to working with my colleagues on the Finance Committee and
others to ensure that the provisions in this bill are included in the
Senate TANF reauthorization bill.
______
By Mr. REED (for himself, Mr. Kennedy, Ms. Collins, Mr. Jeffords,
Mr. Frist, Mr. Cochran,
[[Page S5372]]
Mr. Levin, Mr. Chafee, Ms. Landrieu, Mr. Dayton, and Mr.
Wellstone):
S. 2611. A bill to reauthorize the Museum and Library Services Act,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. REED. Mr. President, today I introduce the Museum and Library
Services Act of 2002. I am pleased to be joined by Senators Kennedy,
Collins, Jeffords, Frist, Cochran, Levin, Chafee, Landrieu, and Dayton
in introducing this legislation to strengthen museum and library
services.
Museums and libraries are rich centers of learning, woven into the
fabric of our communities, big and small, urban and rural.
Today's library is not simply a place where books are read and
borrowed. It is a place where a love for reading is born and renewed
again and again, and where information is sought and discovered.
American libraries also coordinate and provide comprehensive services
to meet the needs of their communities and people of all ages. They
provide Internet access, family literacy classes, homework help,
mentoring programs, English as A Second Language, ESL, classes, job
training, and resume writing workshops.
America's museums bring wonderment and joy to young and old alike,
encouraging discovery and celebrating our heritage and our heroes.
Today's museums bring everyday objects, art, music, science,
technology, and much more to life. Museums help us preserve our past,
understand our present, and plan our future.
The Federal Government has a long history of supporting our Nation's
libraries and museums, providing direct aid to public libraries since
the adoption of the Library Services and Construction Act, LSCA, in
1956 and funding to museums since the enactment of the Museum Services
Act in 1976.
The Museum and Library Services Act was enacted in 1996,
reauthorizing federal library and museum programs under a newly
created, independent federal agency called the Institute for Museum and
Library Services, IMLS. The Museum and Library Services Act consists of
two main subtitles, the Library Services and Technology Act and the
Museum Services Act. Senator Kennedy, Senator Jeffords, and my
predecessor, former Senator Claiborne Pell, were instrumental in the
development and enactment of this law.
Under the Library Services and Technology Act, LSTA, IMLS funds four
grant programs for libraries to improve access to information through
technology, to ensure equity of access and to help bring resources to
underserved audiences. These programs serve all types of our nation's
122,000 libraries: public, academic, research, school, and archive.
In Rhode Island, LSTA funding allows libraries to provide summer
reading programs for students and participate in the Rhode Island
Family Literacy Initiative that helps families with limited English
language skills. Last fall, the Providence Public Library was one of 6
museums and libraries recognized by IMLS with a National Award for
Museum and Library Service.
Under the Museum Service Act, IMLS provides funding and technical
assistance to museums for preservation of museum collections, new
technologies for exhibits, and general operations. Approximately 15,000
U.S. museums from aquariums to arboretums and botanical gardens, to art
museums, to historic houses and sites, to nature centers, to science
and technology centers, to zoological parks benefit from the IMLS's
existence. Several Rhode Island museums have received IMLS funding,
including the Children's Museum of Rhode Island, the Museum of Art at
the Rhode Island School of Design, and the Slater Mill Historic Site in
Pawtucket.
The legislation we are introducing today is based on the testimony we
heard at an April 10 hearing of the Health, Education, Labor, and
Pensions Committee, which I chaired, as well as proposals that the
museum and library communities each crafted using a cooperative and
collaborative process. We are grateful for their efforts to come
together on proposals so the law meets the future needs of museum and
library users.
The Museum and Library Services Act of 2002, which extends the
authorization of museum and library services for six years, makes
several important modifications to current law. The bill ensures that
library activities are coordinated with the school library program I
authored and contained within the No Child Left Behind Act of 2001. It
establishes a Museum and Library Services Board to advise the Director
of IMLS, and it authorizes IMLS to award a National Award for Library
Service as well as a National Award for Museum Service. The bill also
ensures a portion of administrative funds are used to analyze annually
the impact of museum and library services to identify needs and trends
of services provided under museum and library programs, and it
establishes a reservation of 1.75 percent of funds for museum services
for Native Americans (a similar reservation is currently provided for
library services under the Library Services and Technology subtitle).
Lastly, the bill updates the uses of funds for library and museum
programs, and it increases the authorization of LSTA from $150 million
to $350 million and Museum Services from $28.7 million to $65 million.
I want to specifically highlight one other provision in the
legislation. The Museum and Library Services Act of 2002 doubles the
minimum State allotment under the Library Services and Technology Act
to $680,000. The minimum State allotment has remained flat at $340,000
since 1971, hampering the literacy and cultural efforts of our Nation's
smaller states. An analysis prepared by the staff of the Joint Economic
Committee shows that it would take $1.5 million for our small States to
keep pace with inflation. The library community has instead suggested a
modest, but essential doubling of the minimum State allotment to
$680,000. This will enable every State to benefit and implement the
valuable services and programs that larger States have been able to put
in place. We heard about the importance of this change from David
Macksam, Director of the Cranston Public Library, during the April 10
hearing. I will be fighting to retain this provision as we work with
the House to put this legislation on the President's desk for his
signature.
The House Committee on Education and the Workforce has already taken
action on a reauthorization bill. Last year, during the reauthorization
of the Elementary and Secondary Education Act (ESEA), I was pleased to
work with Senator Collins, Chairman Kennedy, and others to secure
funding for school libraries for the first time in twenty years. I hope
we can also move forward on a similar bipartisan basis on a swift
reauthorization of the Museum and Library Services Act.
I urge my colleagues to cosponsor this important legislation and work
for its passage.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2611
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 ``Museum and Library Services
Act of 2002''.
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 of the Museum and Library Services Act (20
U.S.C. 9101) is amended--
(1) by striking paragraphs (1) and (4);
(2) by redesignating paragraph (2) as paragraph (1);
(3) by inserting after paragraph (1), as redesignated by
paragraph (2) of this section, the following:
``(2) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the Interior
as eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.''; and
(4) by adding at the end the following:
``(4) Museum and library services board.--The term `Museum
and Library Services Board' means the National Museum and
Library Services Board established under section 207.''.
SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
Section 203 of the Museum and Library Services Act (20
U.S.C. 9102) is amended--
(1) in subsection (b), by striking the last sentence; and
[[Page S5373]]
(2) by adding at the end the following:
``(c) Museum and Library Services Board.--There shall be a
National Museum and Library Services Board within the
Institute, as provided under section 207.''.
SEC. 103. DIRECTOR OF THE INSTITUTE.
Section 204 of the Museum and Library Services Act (20
U.S.C. 9103) is amended--
(1) in subsection (e), by adding at the end the following:
``Where appropriate, the Director shall ensure that
activities under subtitle B are coordinated with activities
under section 1251 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6383).''; and
(2) by adding at the end the following:
``(f) Regulatory Authority.--The Director may promulgate
such rules and regulations as are necessary and appropriate
to implement the provisions of this title.''.
SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
The Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended--
(1) by redesignating section 207 as section 208; and
(2) by inserting after section 206 the following:
``SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
``(a) Establishment.--There is established in the Institute
a board to be known as the `National Museum and Library
Services Board'.
``(b) Membership.--
``(1) Number and appointment.--The Museum and Library
Services Board shall be composed of the following:
``(A) The Director.
``(B) The Deputy Director for the Office of Library
Services.
``(C) The Deputy Director for the Office of Museum
Services.
``(D) The Chairman of the National Commission on Libraries
and Information Science.
``(E) 10 members appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are citizens of the United States and who are specially
qualified in the area of library services by virtue of their
education, training, or experience.
``(F) 11 members appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are citizens of the United States and who are specially
qualified in the area of museum services by virtue of their
education, training, or experience.
``(2) Special qualifications.--
``(A) Library members.--Of the members of the Museum and
Library Services Board appointed under paragraph (1)(E)--
``(i) 5 shall be professional librarians or information
specialists, of whom--
``(I) at least 1 shall be knowledgeable about electronic
information and technical aspects of library and information
services and sciences; and
``(II) and at least 1 other shall be knowledgeable about
the library and information service needs of underserved
communities; and
``(ii) the remainder shall have special competence in, or
knowledge of, the needs for library and information services
in the United States.
``(B) Museum members.--Of the members of the Museum and
Library Services Board appointed under paragraph (1)(F)--
``(i) 5 shall be museum professionals who are or have been
affiliated with--
``(I) resources that, collectively, are broadly
representative of the curatorial, conservation, educational,
and cultural resources of the United States; or
``(II) museums that, collectively, are broadly
representative of various types of museums, including museums
relating to science, history, technology, art, zoos,
botanical gardens, and museums designed for children; and
``(ii) the remainder shall be individuals recognized for
their broad knowledge, expertise, or experience in museums or
commitment to museums.
``(3) Geographic and other representation.--Members of the
Museum and Library Services Board shall be appointed to
reflect persons from various geographic regions of the United
States. The Museum and Library Services Board may not
include, at any time, more than 3 appointive members from a
single State. In making such appointments, the President
shall give due regard to equitable representation of women,
minorities, and persons with disabilities who are involved
with museums and libraries.
``(4) Voting.--The Director, the Deputy Director of the
Office of Library Services, and the Deputy Director of the
Office of Museum Services shall be nonvoting members of the
Museum and Library Services Board.
``(c) Terms.--
``(1) In general.--Except as otherwise provided in this
subsection, each member of the Museum and Library Services
Board appointed under subparagraph (E) or (F) of subsection
(b)(1) shall serve for a term of 5 years.
``(2) Initial board appointments.--
``(A) Treatment of members serving on effective date.--
Notwithstanding subsection (b), each individual who is a
member of the National Museum Services Board on October 1,
2002, may, at the individual's election, complete the balance
of the individual's term as a member of the Museum and
Library Services Board.
``(B) First appointments.--Notwithstanding subsection (b),
any appointive vacancy in the initial membership of the
Museum and Library Services Board existing after the
application of subparagraph (A), and any vacancy in such
membership subsequently created by reason of the expiration
of the term of an individual described in subparagraph (A),
shall be filled by the appointment of a member described in
subsection (b)(1)(E). When the Museum and Library Services
Board consists of an equal number of individuals who are
specially qualified in the area of library services and
individuals who are specially qualified in the area of museum
services, this subparagraph shall cease to be effective and
the members of the Museum and Library Services Board shall be
appointed in accordance with subsection (b).
``(C) Authority to adjust terms.--The terms of the first
members appointed to the Museum and Library Services Board
shall be adjusted by the President as necessary to ensure
that the terms of not more than 4 members expire in the same
year. Such adjustments shall be carried out through
designation of the adjusted term at the time of appointment.
``(3) Vacancies.--Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor of the member was appointed.
``(4) Reappointment.--No appointive member of the Museum
and Library Services Board who has been a member for more
than 7 consecutive years shall be eligible for reappointment.
``(5) Service until successor takes office.--
Notwithstanding any other provision of this subsection, an
appointive member of the Museum and Library Services Board
shall serve after the expiration of the term of the member
until the successor to the member takes office.
``(d) Duties and Powers.--
``(1) In general.--The Museum and Library Services Board
shall advise the Director on general policies with respect to
the duties, powers, and authority of the Institute relating
to museum and library services, including financial
assistance awarded under this title.
``(2) National awards.--The Museum and Library Services
Board shall assist the Director in making awards under
section 209.
``(e) Chairperson.--The Director shall serve as Chairperson
of the Museum and Library Services Board.
``(f) Meetings.--
``(1) In general.--The Museum and Library Services Board
shall meet not less than 2 times each year and at the call of
the Director.
``(2) Vote.--All decisions by the Museum and Library
Services Board with respect to the exercise of its duties and
powers shall be made by a majority vote of the members of the
Board who are present and authorized to vote.
``(g) Quorum.--A majority of the voting members of the
Museum and Library Services Board shall constitute a quorum
for the conduct of business at official meetings, but a
lesser number of members may hold hearings.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum and Library
Services Board who is not an officer or employee of the
Federal Government may be compensated at a rate to be fixed
by the President, but not to exceed the daily equivalent of
the maximum annual rate of pay authorized for a position
above grade GS-15 of the General Schedule under section 5108
of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Museum and Library Services
Board. Members of the Museum and Libraries Services Board who
are full-time officers or employees of the Federal Government
may not receive additional pay, allowances, or benefits by
reason of their service on the Board.
``(2) Travel expenses.--Each member of the Museum and
Library Services Board shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
``(i) Coordination.--The Director, with the advice of the
Museum and Library Services Board, shall take steps to ensure
that the policies and activities of the Institute are
coordinated with other activities of the Federal
Government.''.
SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.
The Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended by inserting after section 208 (as
redesignated by section 104 of this Act) the following:
``SEC. 209. AWARDS.
``The Director, with the advice of the Museum and Library
Services Board, may annually award National Awards for
Library Service and National Awards for Museum Service to
outstanding libraries and outstanding museums, respectively,
that have made significant contributions in service to their
communities.
``SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY
SERVICES.
``From amounts described in sections 214(c) and 274(b), the
Director shall carry out and publish analyses of the impact
of museum and library services. Such analyses--
``(1) shall be conducted in ongoing consultation with--
``(A) State library administrative agencies;
``(B) State, regional, and national library and museum
organizations; and
[[Page S5374]]
``(C) other relevant agencies and organizations;
``(2) shall identify national needs for, and trends of,
museum and library services provided with funds made
available under subtitles B and C;
``(3) shall report on the impact and effectiveness of
programs conducted with funds made available by the Institute
in addressing such needs; and
``(4) shall identify, and disseminate information on, the
best practices of such programs to the agencies and entities
described in paragraph (1).''.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 201. PURPOSE.
Section 212 of the Library Services and Technology Act (20
U.S.C. 9121) is amended by striking paragraphs (2) through
(5) and inserting the following:
``(2) to promote improvement in library services in all
types of libraries in order to better serve the people of the
United States;
``(3) to facilitate access to resources in all types of
libraries for the purpose of cultivating an educated and
informed citizenry; and
``(4) to encourage resource sharing among all types of
libraries for the purpose of achieving economical and
efficient delivery of library services to the public.''.
SEC. 202. DEFINITIONS.
Section 213 of the Library Services and Technology Act (20
U.S.C. 9122) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (1), (2), (3), (4), and (5), respectively.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 214 of the Library Services and Technology Act (20
U.S.C. 9123) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this subtitle $350,000,000 for fiscal year 2003
and such sums as may be necessary for fiscal years 2004
through 2008.''; and
(2) in subsection (c), by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 204. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) of the Library Services and Technology
Act (20 U.S.C. 9131(b)(3)) is amended to read as follows:
``(3) Minimum allotments.--
``(A) In general.--For purposes of this subsection, the
minimum allotment for each State shall be $340,000, except
that the minimum allotment shall be $40,000 in the case of
the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(B) Ratable reductions.--Notwithstanding subparagraph
(A), if the sum appropriated under the authority of section
214 and not reserved under subsection (a) for any fiscal year
is insufficient to fully satisfy the requirement of
subparagraph (A), each of the minimum allotments under such
subparagraph shall be reduced ratably.
``(C) Exception.--
``(i) In general.--Notwithstanding subparagraph (A), if the
sum appropriated under the authority of section 214 and not
reserved under subsection (a) for any fiscal year exceeds the
aggregate of the allotments for all States under this
subsection for fiscal year 2002--
``(I) the minimum allotment for each State otherwise
receiving a minimum allotment of $340,000 under subparagraph
(A) shall be increased to $680,000; and
``(II) the minimum allotment for each State otherwise
receiving a minimum allotment of $40,000 under subparagraph
(A) shall be increased to $60,000.
``(ii) Insufficient funds to award alternative minimum.--If
the sum appropriated under the authority of section 214 and
not reserved under subsection (a) for any fiscal year exceeds
the aggregate of the allotments for all States under this
subsection for fiscal year 2002 yet is insufficient to fully
satisfy the requirement of clause (i), such excess amount
shall first be allotted among the States described in clause
(i)(I) so as to increase equally the minimum allotment for
each such State above $340,000. After the requirement of
clause (i)(I) is fully satisfied for any fiscal year, any
remainder of such excess amount shall be allotted among the
States described in clause (i)(II) so as to increase equally
the minimum allotment for each such State above $40,000.
``(D) Special rule.--
``(i) In general.--Notwithstanding any other provision of
this subsection and using funds allotted for the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau under this subsection, the Director
shall award grants to the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau to carry out
activities described in this subtitle in accordance with the
provisions of this subtitle that the Director determines are
not inconsistent with this subparagraph.
``(ii) Award basis.--The Director shall award grants
pursuant to clause (i) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(iii) Administrative costs.--The Director may provide not
more than 5 percent of the funds made available for grants
under this subparagraph to pay the administrative costs of
the Pacific Region Educational Laboratory regarding
activities assisted under this subparagraph.''.
SEC. 205. STATE PLANS.
Section 224 of the Library Services and Technology Act (20
U.S.C. 9134) is amended--
(1) in subsection (a)(1), by striking ``not later than
April 1, 1997.'' and inserting ``once every 5 years, as
determined by the Director.''; and
(2) in subsection (f)--
(A) by striking ``this Act'' each place such term appears
and inserting ``this subtitle'';
(B) in paragraph (1)--
(i) by striking ``1934,'' and all that follows through
``Act, may'' and inserting ``1934 (47 U.S.C. 254(h)(6))
may''; and
(ii) by striking ``section 213(2)(A) or (B)'' and inserting
``section 213(1)(A) or (B)''; and
(C) in paragraph (7)--
(i) in the matter preceding subparagraph (A), by striking
``section:'' and inserting ``subsection:''; and
(ii) in subparagraph (D), by striking ``given'' and
inserting ``applicable to''.
SEC. 206. GRANTS TO STATES.
Section 231 of the Library Services and Technology Act (20
U.S.C. 9141) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) expanding services for learning and access to
information and educational resources in a variety of
formats, in all types of libraries, for individuals of all
ages;
``(2) developing library services that provide all users
access to information through local, State, regional,
national, and international electronic networks;
``(3) providing electronic and other linkages among and
between all types of libraries;
``(4) developing public and private partnerships with other
agencies and community-based organizations;
``(5) targeting library services to individuals of diverse
geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to individuals with
limited functional literacy or information skills; and
``(6) targeting library and information services to persons
having difficulty using a library and to underserved urban
and rural communities, including children (from birth through
age 17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.''; and
(2) in subsection (b), by striking ``between the two
purposes described in paragraphs (1) and (2) of such
subsection,'' and inserting ``among such purposes,''.
SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR
COOPERATIVE AGREEMENTS.
Section 262(a)(1) of the Library Services and Technology
Act (20 U.S.C. 9162(a)(1)) is amended by striking ``education
and training'' and inserting ``education, recruitment, and
training''.
TITLE III--MUSEUM SERVICES
SEC. 300. SHORT TITLE.
Subtitle C of the Museum and Library Services Act (20
U.S.C. 9171 et seq.) is amended by inserting before section
271 the following:
``SEC. 270. SHORT TITLE.
``This subtitle may be cited as the `Museum Services
Act'.''.
SEC. 301. PURPOSE.
Section 271 of the Museum and Library Services Act (20
U.S.C. 9171) is amended to read as follows:
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and support museums in carrying out
their public service role of connecting the whole of society
to the cultural, artistic, historical, natural, and
scientific understandings that constitute our heritage;
``(2) to encourage and support museums in carrying out
their educational role, as core providers of learning and in
conjunction with schools, families, and communities;
``(3) to encourage leadership, innovation, and applications
of the most current technologies and practices to enhance
museum services;
``(4) to assist, encourage, and support museums in carrying
out their stewardship responsibilities to achieve the highest
standards in conservation and care of the cultural, historic,
natural, and scientific heritage of the United States to
benefit future generations;
``(5) to assist, encourage, and support museums in
achieving the highest standards of management and service to
the public, and to ease the financial burden borne by museums
as a result of their increasing use by the public; and
``(6) to support resource sharing and partnerships among
museums, libraries, schools, and other community
organizations.''.
SEC. 302. DEFINITIONS.
Section 272(1) of the Museum and Library Services Act (20
U.S.C. 9172(1)) is amended by adding at the end the
following: ``Such term includes aquariums, arboretums,
botanical gardens, art museums, children's museums, general
museums, historic houses and sites, history museums, nature
centers, natural history and anthropology museums,
planetariums, science and technology centers, specialized
museums, and zoological parks.''.
[[Page S5375]]
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 273 of the Museum and Library Services Act (20
U.S.C. 9173) is amended to read as follows:
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) In General.--The Director, subject to the policy
advice of the Museum and Library Services Board, may enter
into arrangements, including grants, contracts, cooperative
agreements, and other forms of assistance to museums and
other entities as the Director considers appropriate, to pay
for the Federal share of the cost--
``(1) to support museums in providing learning and access
to collections, information, and educational resources in a
variety of formats (including exhibitions, programs,
publications, and websites) for individuals of all ages;
``(2) to support museums in building learning partnerships
with the Nation's schools and developing museum resources and
programs in support of State and local school curricula;
``(3) to support museums in assessing, conserving,
researching, maintaining, and exhibiting their collections,
and in providing educational programs to the public through
the use of their collections;
``(4) to stimulate greater collaboration among museums,
libraries, schools, and other community organizations in
order to share resources and strengthen communities;
``(5) to encourage the use of new technologies and
broadcast media to enhance access to museum collections,
programs, and services;
``(6) to support museums in providing services to people of
diverse geographic, cultural, and socioeconomic backgrounds
and to individuals with disabilities;
``(7) to support museums in developing and carrying out
specialized programs for specific segments of the public,
such as programs for urban neighborhoods, rural areas, Indian
reservations, and State institutions;
``(8) to support professional development and technical
assistance programs to enhance museum operations at all
levels, in order to ensure the highest standards in all
aspects of museum operations;
``(9) to support museums in research, program evaluation,
and the collection and dissemination of information to museum
professionals and the public; and
``(10) to encourage, support, and disseminate model
programs of museum and library collaboration.
``(b) Federal Share.--
``(1) 50 percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) shall be not more
than 50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to enter into arrangements under
subsection (a) for which the Federal share may be greater
than 50 percent.
``(3) Operational expenses.--No funds for operational
expenses may be provided under this section to any entity
that is not a museum.
``(c) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating arrangements
described in subsection (a) entered into under this subtitle.
Procedures for reviewing such arrangements shall not be
subject to any review outside of the Institute.
``(d) Services for Native Americans.--From amounts
appropriated under section 274, the Director shall reserve
1.75 percent to award grants to, or enter into contracts or
cooperative agreements with, Indian tribes and to
organizations that primarily serve and represent Native
Hawaiians (as defined in section 7207 of the Native Hawaiian
Education Act (20 U.S.C. 7517)) to enable such tribes and
organizations to carry out the activities described in
subsection (a).''.
SEC. 304. REPEALS.
Sections 274 and 275 of the Museum and Library Services Act
(20 U.S.C. 9174 and 9175) are repealed.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 276 of the Museum and Library Services Act (20
U.S.C. 9176)--
(1) is redesignated as section 274 of such Act; and
(2) is amended, in subsection (a), by striking
``$28,700,000 for the fiscal year 1997, and such sums as may
be necessary for each of the fiscal years 1998 through
2002.'' and inserting ``$65,000,000 for fiscal year 2003 and
such sums as may be necessary for fiscal years 2004 through
2008.''.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
SEC. 401. AMENDMENT TO CONTRIBUTIONS.
Section 4 of the National Commission on Libraries and
Information Science Act (20 U.S.C. 1503) is amended by
striking ``accept, hold, administer, and utilize gifts,
bequests, and devises of property,'' and inserting ``solicit,
accept, hold, administer, invest in the name of the United
States, and utilize gifts, bequests, and devises of services
or property,''.
SEC. 402. AMENDMENT TO MEMBERSHIP.
Section 6(a) of the National Commission on Libraries and
Information Science Act (20 U.S.C. 1505(a)) is amended--
(1) in the second sentence, by striking ``and at least one
other of whom shall be knowledgeable with respect to the
library and information service and science needs of the
elderly'';
(2) by amending the fourth sentence to read as follows: ``A
majority of members of the Commission who have taken office
and are serving on the Commission shall constitute a quorum
for conduct of business at official meetings of the
Commission''; and
(3) in the fifth sentence, by striking ``five years, except
that'' and all that follows through the period and inserting
``five years, except that--
``(1) a member of the Commission appointed to fill a
vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed, shall be
appointed only for the remainder of such term; and
``(2) any member of the Commission may continue to serve
after an expiration of the member's term of office until such
member's successor is appointed, has taken office, and is
serving on the Commission.''.
TITLE V--TECHNICAL CORRECTIONS; CONFORMING AMENDMENT; REPEALS;
EFFECTIVE DATE
SEC. 501. TECHNICAL CORRECTIONS.
(a) Title Heading.--The title heading for the Museum and
Library Services Act (20 U.S.C. 9101 et seq.) is amended to
read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES''.
(b) Subtitle A Heading.--The subtitle heading for subtitle
A of the Museum and Library Services Act (20 U.S.C. 9101 et
seq.) is amended to read as follows:
``Subtitle A--General Provisions''.
(c) Subtitle B Heading.--The subtitle heading for subtitle
B of the Museum and Library Services Act (20 U.S.C. 9121 et
seq.) is amended to read as follows:
``Subtitle B--Library Services and Technology''.
(d) Subtitle C Heading.--The subtitle heading for subtitle
C of the Museum and Library Services Act (20 U.S.C. 9171 et
seq.) is amended to read as follows:
``Subtitle C--Museum Services''.
(e) Contributions.--Section 208 of the Museum and Library
Services Act (20 U.S.C. 9106) (as redesignated by section 104
of this Act) is amended by striking ``property of services''
and inserting ``property or services''.
(f) State Plan Contents.--Section 224(b)(5) of the Library
Services and Technology Act (20 U.S.C. 9134(b)(5)) is amended
by striking ``and'' at the end.
(g) National Leadership Grants, Contracts, or Cooperative
Agreements.--Section 262(b)(1) of the Library Services and
Technology Act (20 U.S.C. 9162(b)(1)) is amended by striking
``cooperative agreements, with,'' and inserting ``cooperative
agreements with,''.
SEC. 502. CONFORMING AMENDMENT.
Section 170(e)(6)(B)(i)(III) of the Internal Revenue Code
of 1986 (relating to the special rule for contributions of
computer technology and equipment for educational purposes)
is amended by striking ``section 213(2)(A) of the Library
Services and Technology Act (20 U.S.C. 9122(2)(A)'' and
inserting ``section 213(1)(A) of the Library Services and
Technology Act (20 U.S.C. 9122(1)(A))''.
SEC. 503. REPEALS.
(a) National Commission on Libraries and Information
Science Act.--Section 5 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1504) is
amended by striking subsections (b) and (c) and redesignating
subsections (d), (e), and (f) as subsections (b), (c), and
(d), respectively.
(b) Museum and Library Services Act of 1996.--Sections 704
through 707 of the Museum and Library Services Act of 1996
(20 U.S.C. 9102 note, 9103 note, and 9105 note) are repealed.
SEC. 504. EFFECTIVE DATE.
The amendments made by this Act shall take effect on
October 1, 2002.
______
By Mr. REID (for himself and Mr. Ensign):
S. 2612. A bill to establish wilderness areas, promote conservation,
improve public land and provide for high quality development in Clark
County, Nevada, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. REID. Mr. President, today I rise with my good friend Senator
Ensign to introduce a bill that is important to Las Vegas, important to
Clark County, important to Nevada, and important to America. The Clark
County Conservation of Public Land and Natural Resources Act of 2002,
known as the Clark County Conservation PLAN, provides a solution for
southern Nevada's growth and conservation challenges.
The Clark County Conservation PLAN balances the needs for
infrastructure development, recreational opportunities, and
conservation of our precious natural resources in southern Nevada.
Our bill is a broad-based compromise. We do not expect everyone to
advocate every provision of this bill. Indeed, we know that many people
will oppose various components of our legislation. The complaints we
receive will reflect the tendency for people to fear change, protect
the status quo, and miss the forest for the trees in this case, the
Joshua trees.
[[Page S5376]]
Before I discuss each title of the Clark County Conservation PLAN, I
will take a few moments to describe the profound challenge that public
land issues pose for Nevada. 87 percent of the land in Nevada, that is
nearly 9 out of every 10 acres in our State, is owned and managed by
the Federal Government. This includes land managed by the U.S. Forest
Service, the Bureau of Reclamation, the Bureau of Land Management, the
Department of Energy, the National Park Service, the Fish and Wildlife
Service, the U.S. Army, the U.S. Navy, and the U.S. Air Force.
The Secretaries of Interior, Agriculture, Defense and Energy bear
tremendous responsibilities for the management, development, and
conservation of natural resources in Nevada. Unlike most of America
where land use decisions are made by communities, in Nevada, many land
use decisions require concurrence of Federal officials and, in some
cases, the passage of Federal laws. This is a circumstance that very
few Senators understand from experience, but I know that my colleagues
can imagine the tremendous challenge inherent in this system regardless
of the State they represent.
The challenge of Federal land ownership is not unique to Nevada, in
fact it characterizes much of the West. However, this situation is
compounded in Clark County where the fastest growing population in
America springs from the heart of one of the most extreme and fragile
regions in North America, the Mojave Desert.
Many people believe that this scenario embodies an impossible
challenge. Some believe that guiding growth in Southern Nevada and
protecting our desert for future generations are mutually exclusive.
Some believe that protecting our air and water quality and setting
aside some open space as wilderness are overly costly barriers to
growth that unnecessarily restrict recreation and development. Some
believe that the Federal Government's management of public land is too
strict; others believe it is too lenient. Some believe that every acre
of Clark County should be privatized. Some believe that not a single
acre more should be auctioned from the public domain. As different as
these views are, what they have in common is that they are passionately
held by Nevadans.
By describing the fundamental context within which Senator Ensign and
I are working, I hope I have demonstrated why compromise is not just
necessary but warranted. We fully expect to be criticized for what this
bill is not, for example it does not designate all of the 2 million
acres in Clark County that the Nevada Wilderness Coalition advocates
nor does it release all the wilderness study areas in Nevada as others
advocate. We do not need to apologize for this compromise, rather we
will advocate for what it is, a fair-minded, forward-looking framework
for the future development and protection of public land in Clark
County.
The Clark County Conservation PLAN reflects three complementary
goals: 1. Enhancing our quality of life; 2. Protecting our environment
for our children and grandchildren; and 3. Making public land available
for quality development consistent with these two principles.
The remainder of my statement today will explain how the Clark County
Conservation PLAN will improve the quality of life and enhance economic
opportunities for Nevadans while enriching and protecting the awe-
inspiring natural resources that bless southern Nevada for the benefit
of future generations of Nevadans and all Americans.
When Congress passed the Southern Nevada Public Lands Management Act
in 1998, we made the decision that it was in the public interest to
transition away from Federal-private land exchanges and competitively
auction those parcels of land deemed by the BLM to be disposable. This
decision has proven to be quite effective and fair and likely
represents the future of land privatization in Nevada and the West.
However, at the time the law was enacted, Congress did contemplate that
a limited number of ongoing land exchanges would be completed. One of
these exchanges is familiarly known as the Red Rock Canyon Howard
Hughes exchange. This exchange would be completed by Title I of the
Clark County Conservation PLAN.
In the Red Rock Exchange, the Bureau of Land Management will acquire
roughly 1,070 acres of land owned by the Howard Hughes Corporation.
This land forms promontories above the gently-sloping bajada in the
foothills of the La Madre Mountains on the western border of the Red
Rock Canyon National Conservation Area. This acreage affords
spectacular views of the Las Vegas Valley but development there would
degrade the Red Rock NCA and diminish the beauty of the view from Las
Vegas to the west, a view many Las Vegans treasure.
This bill provides that the lands I have described will become part
of the Red Rock NCA once acquired by the federal government. In
exchange for the Red Rock lands, the Howard Hughes Corporation will
receive acreage of equal value, as determined by a government-certified
appraiser, within the Las Vegas Valley. Finally, the Howard Hughes
Corporation will convey some of their acquired acreage to Clark County
for use as a county park and for inclusion in a regional trail system.
As I mentioned earlier, this proposal has been around for a number of
years and enjoys unusually broad support ranging from the County to the
environmental community. The time when this exchange should have
reached completion through the administrative process has long since
passed and a legislative resolution is now in order.
Nevada has nearly 100 wilderness study areas on Federal land across
the State. These areas, which are primarily owned by the Bureau of Land
Management, are managed to protect wilderness character of the lands
under current law. These areas remain as de facto wilderness until
Congress passes a bill changing wilderness study status by either
designating the land as wilderness or releasing the land from
wilderness study area consideration.
Although there is broad support for addressing Nevada's wilderness
study areas through federal legislation, there is no consensus
regarding how to do so. Those who advocate for wilderness designation
and those who oppose further additions to the wilderness system hold
strong and, in many cases, irreconcilable views on this issue.
Those of us who wrote this bill likewise hold different views
regarding wilderness. In developing the wilderness component of this
bill, Senator Ensign, Congressman Gibbons and I made compromises that
will likely cause heartburn for all interested parties. We believe,
however, that this is a critical step toward addressing the outstanding
wilderness study issues in the state of Nevada. Our bill designates
wilderness and releases wilderness study areas. It creates 20
wilderness areas: 6 managed by the BLM; 4 jointly managed by the Park
Service and BLM; 7 managed by the Park Service; and 3 jointly managed
by the BLM and the Forest Service
In addition to the wilderness described earlier, our bill releases
from wilderness study area status acreage associated with each of the
BLM and forest service areas we address. In fact, we release three BLM
study areas in their entirety. Two of these areas will eventually
accommodate growth at the north end of the Las Vegas Valley and help
provide jobs for decades into the future. These lands might be
conservatively valued at about $1 billion.
We have provided for wilderness management protocols that address the
particular circumstances of southern Nevada. For example, we explicitly
require the Secretary of the Interior to allow for the construction,
maintenance and replacement of water catchments known as guzzlers when
and where that action will enhance wilderness wildlife resources. In
addition, we believe that the use of motor vehicles should be allowed
to achieve these purposes when there is no reasonable alternative and
it does not require the creation of new roads.
Some wilderness purists argue that these man-made guzzler tanks
disturb the naturally functioning ecosystems of the Mojave Desert. I
respect this view, but I believe that these water projects actually
help restore more natural function to ecosystems that have been forever
fragmented by development including roads. These projects which are
privately funded by dedicated sportsmen have a legitimate place in
southern Nevada wilderness and this bill is clear on that point.
[[Page S5377]]
In our effort to create a fair wilderness designation, we have
benefitted from the advice and suggestions of many Nevadans
representing a range of views. These advocates include the Nevada Land
Users Coalition, The Sierra Club, The Virgin Valley Sportsmen's
Association, The Nevada Wilderness Project, The Fraternity of Desert
Bighorns, the Nevada Mining Association, Red Rock Audubon, and Partners
in Conservation, to name just a few. We appreciate their help and
believe that this compromise honors our commitment to listen carefully
to all parties. We are also grateful for the help we have received from
the Federal land managers in Clark County and look forward to working
with them to improve this bill to help make their jobs easier and the
public experience on public land better.
Early in the development of this bill we decided not to address
wilderness issues within the Desert National Wildlife Range. I
recognize that this is a major disappointment to many in the
environmental community who view the wilderness resources in the Range
as some of the best in the Mojave Desert. Wilderness in the Range is,
however, beyond the scope of this bill.
The Clark County Conservation PLAN does transfer the management
responsibility of three wilderness study areas, totaling more than
49,000 acres, from the Bureau of Land Management to the Fish and
Wildlife Service. These areas lie between State Highway 93 and the
Range so this transfer helps rationalize the federal land ownership
pattern in northern Clark County.
In addition, this bill transfers a small parcel of land from the
Bureau of Land Management to the National Park Service for use as an
administrative site on the road between Searchlight and Cottonwood
Cove. This transfer will save taxpayer dollars by allowing the Park
Service to consolidate two planned administrative sites into one and
manage the Lake Mead National Recreation Area more effectively.
When Congress passed the Southern Nevada Public Lands Management Act
of 1998, it established a new paradigm for the sale of public lands in
Clark County, Nevada. One of the core principles of this new way of
doing business was that the proceeds from the sale of Federal lands
should be reinvested in federal, state, and local environmental
protection and recreational enhancements in the state in which the
lands are sold.
The Clark County Conservation PLAN Act modifies the Southern Nevada
Public Lands Management Act and expands the so-called Las Vegas valley
disposal boundary. This expansion will make an additional 25,000 acres
of BLM land available for auction and development years into the
future. The proceeds from the sale of this Federal land will continue
to accrue to the Southern Nevada Public Lands Special Account and be
invested in the purchase of environmentally sensitive land, the
development of Federal land infrastructure, the implementation of the
Clark County Multi-Species Habitat Conservation Plan, and
local government open space, recreation and conservation projects. Our
bill further provides that at least one-quarter of the Special Account
be dedicated to the last of these purposes.
One of the most important infrastructure issues facing southern
Nevada is siting a new international airport. The County's preferred
and likely site is in a dry lake bed between Jean and Primm, Nevada
south of the Las Vegas Valley in the Interstate 15 transportation
corridor near the California border. Congress made federal land at that
site available for use as an airport, pending environmental reviews.
The Clark County Conservation PLAN complements that law in two
important ways. First, our bill conveys federal land adjacent to the
proposed airport to the Clark County Airport Authority so that it can
promote compatible development within the area impacted by the noise of
the airport. Any proceeds derived from sale of these Airport Authority
lands would be distributed similarly to lands sold within the Las Vegas
Valley Disposal Boundary.
Second, our bill directs the Bureau of Land Management to reserve a
right-of-way for non-exclusive utility and transportation corridors
between the Las Vegas valley and the proposed airport. This corridor is
important because for the new airport to remain economical will require
significant utility development to come from the north. Our bill does
not dictate exactly where, when, how, or by whom this infrastructure
will be developed; it simply reserves land explicitly to serve this
purpose.
One of the most precious areas in southern Nevada is a relatively
non-descript canyon near Henderson. It is an area graced with hundreds
of wonderful and curious petroglyphs. Under ordinary circumstances, I
would not reveal the location of this site because public knowledge of
prehistoric rock art sites commonly leads to their destruction. In this
case, however, this canyon is in desperate need of protection because
it is within a short walk of the Las Vegas valley. Similar resources
elsewhere in the desert Southwest have been destroyed by urban growth
and lack of intensive management.
The Clark County Conservation PLAN designates the Sloan petroglyphs
site and the area that comprises most of its watershed as the North
McCullough Mountains Wilderness. This wilderness combined with about
32,000 acres of open space comprises the proposed Sloan Canyon National
Conservation Area. The NCA and wilderness will provide critical
protection for the Sloan petroglyphs, preserve open space near
Henderson's rapidly growing neighborhoods and together represent a
legacy of cultural and natural resource conservation our grandchildren
will value dearly one day.
The sheer number of public lands bill requests Senator Ensign and I
receive is staggering. If we chose to introduce stand-alone legislation
to address each legitimate issue that constituents bring to our
attention, we would create an awkward patchwork of new Federal laws. In
the Clark County Conservation PLAN, we have attempted to provide a
comprehensive vision and framework for conservation and development in
southern Nevada by balancing competing interests.
The final title of our bill includes a select few of the many
important public interest land conveyances. For example, we include two
land grants to further the higher education mission of Nevada's
university system. One provides land to the UNLV research foundation
for the development of a technology park. The other provides land for
the planned Henderson State College.
We convey a small active shooting range to the Las Vegas Metropolitan
Police Department for training purposes. We grant a modest parcel of
land to the City of Las Vegas for the development of affordable
housing. We provide for the conveyance of the Sunrise Landfill from the
Bureau of Land Management to Clark County pending completion of the
environmental clean-up at the site. We convey park and open space land
to the City of Henderson and provide for a cooperatively managed zone
comprised of federal land around Henderson Executive airport. These are
relatively small but important actions that help our communities, law
enforcement, and educational system better serve southern Nevada.
The Clark County Conservation PLAN Act that Senator Ensign and I
introduce today promises a better tomorrow for our public lands in
southern Nevada, for the more than 1.5 million people who call Clark
County home, and for the millions of Americans who visit southern
Nevada every year. This constructive compromise provides land for
development, land grants for public purposes, wilderness for
conservation in perpetuity, and a new national conservation area to
celebrate and protect the wonderful natural and cultural resources of
the North McCullough Mountains including the Sloan petroglyph site.
Senator Ensign and I have been working on this bill since he came to
the Senate a year and a half ago. We are proud of the progress we've
made together and with Congressman Gibbons and believe that this public
lands bill should serve as a model for bipartisan cooperation and
constructive compromise. We look forward to working with Chairman
Bingaman and the Energy and Natural Resources Committee to perfect this
bill so that we can enact the Clark County Conservation PLAN into law
this year.
[[Page S5378]]
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. 2612
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clark
County Conservation of Public Land and Natural Resources Act
of 2002''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Red Rock Canyon land exchange.
Sec. 105. Status and management of acquired land.
Sec. 106. General provisions.
TITLE II--WILDERNESS AREAS
Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Overflights.
Sec. 206. Native American cultural and religious uses.
Sec. 207. Release of wilderness study areas.
Sec. 208. Wildlife management.
Sec. 209. Wildfire management.
Sec. 210. Climatological data collection.
Sec. 211. Authorization of appropriations.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION
Sec. 301. Transfer of administrative jurisdiction to the United States
Fish and Wildlife Service.
Sec. 302. Transfer of administrative jurisdiction to the National Park
Service.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
Sec. 401. Disposal and exchange.
TITLE V--IVANPAH CORRIDOR
Sec. 501. Interstate Route 15 south corridor.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
Sec. 601. Short title.
Sec. 602. Purpose.
Sec. 603. Definitions.
Sec. 604. Establishment.
Sec. 605. Management.
Sec. 606. Sale of Federal parcel.
Sec. 607. Authorization of appropriations.
TITLE VII--PUBLIC INTEREST CONVEYANCES
Sec. 701. Definition of map.
Sec. 702. Conveyance to the University of Nevada at Las Vegas Research
Foundation.
Sec. 703. Conveyance to the Las Vegas Metropolitan Police Department.
Sec. 704. Conveyance to the city of Henderson for the Nevada State
College at Henderson.
Sec. 705. Conveyance to the city of Las Vegas, Nevada.
Sec. 706. Henderson Economic Development Zone.
Sec. 707. Conveyance of Sunrise Mountain landfill to Clark County,
Nevada.
Sec. 708. Open space land grants.
Sec. 709. Relocation of right-of-way corridor located in Clark and
Lincoln Counties in the State of Nevada.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Agreement
entitled ``Interim Cooperative Management Agreement Between
the United States Department of the Interior-Bureau of Land
Management and Clark County'', dated November 4, 1992.
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Secretary.--The term ``Secretary'' means--
(A) in the case of land in the National Forest System, the
Secretary of Agriculture; and
(B) in the case of land not in the National Forest System,
the Secretary of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Red Rock Canyon National Conservation Area is a
natural resource of major significance to the people of the
State and the United States, and must be protected and
enhanced for the enjoyment of future generations;
(2) in 1990, Congress enacted the Southern Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.), which provides for the protection and
enhancement of the conservation area;
(3) the Howard Hughes Corporation, which owns much of the
private land outside the eastern boundary of the conservation
area, is developing a large-scale master-planned community on
the land;
(4) included in the land holdings of the Corporation are
1,087 acres of high-ground land adjacent to the eastern edge
of the conservation area that were originally intended to be
included in the conservation area, but as of the date of
enactment of this Act, have not been acquired by the United
States;
(5) the protection of the high-ground land would preserve
an important element of the western Las Vegas Valley
viewshed; and
(6) the Corporation is willing to convey title to the high-
ground land to the United States so that the land can be
preserved to protect and expand the boundaries of the
conservation area.
(b) Purposes.--The purposes of this title are--
(1) to authorize the United States to exchange Federal land
for the non-Federal land of the Corporation referred to in
subsection (a)(6);
(2) to protect and enhance the conservation area;
(3) to expand the boundaries of the conservation area; and
(4) to carry out the purposes of--
(A) the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.); and
(B) the Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2343).
SEC. 103. DEFINITIONS.
In this title:
(1) Conservation area.--The term ``conservation area''
means the Red Rock Canyon National Conservation Area
established by section 3(a) of the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C.
460ccc-1(a)).
(2) Corporation.--The term ``Corporation'' means the Howard
Hughes Corporation, an affiliate of the Rouse Company, which
has its principal place of business at 10000 West Charleston
Boulevard, Las Vegas, Nevada.
(3) Federal parcel.--The term ``Federal parcel'' means the
approximately 1000 acres of Federal land in the State
proposed to be exchanged for the non-Federal parcel, as
depicted on the map.
(4) Map.--The term ``Map'' means the map entitled
``Southern Nevada Public Land Management Act'', dated June
10, 2002.
(5) Non-federal parcel.--The term ``non-Federal parcel''
means the approximately 1,085 acres of non-Federal land in
the State owned by the Corporation that is proposed to be
exchanged for the Federal parcel, as depicted on the Map.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 104. RED ROCK CANYON LAND EXCHANGE.
(a) In General.--The Secretary shall accept an offer of the
Corporation to convey all right, title, and interest in the
non-Federal parcel to the United States in exchange for the
Federal parcel.
(b) Conveyance.--Not later than 60 days after the date on
which the Corporation makes an offer under subsection (a),
the Secretary shall convey--
(1) a portion of the Federal parcel, depicted on the Map as
``Public land selected for exchange'' to the Corporation; and
(2) subject to subsection (f), a portion of the Federal
parcel, depicted on the Map as ``Proposed BLM transfer for
County park'', to the County.
(c) Valuation.--An appraiser approved by the Secretary
shall determine--
(1) the value and exact acreage of the Federal parcel; and
(2) the value of the non-Federal parcel.
(d) Timing.--The exchange of the Federal parcel and the
non-Federal parcel under this section shall occur
concurrently.
(e) Map.--
(1) Revision.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a revised
map reflecting the modifications to the boundary of the
conservation area under this section.
(2) Public availability.--A copy of the Map and the revised
map shall be on file and available for public inspection in--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the State Director of the Bureau of Land
Management of the State; and
(C) the Las Vegas District Office of the Bureau of Land
Management.
(3) Technical corrections.--The Secretary may correct
clerical and typographical errors in the Map and the revised
map.
(f) Land Transferred to County.--
(1) In general.--The portion of the Federal parcel conveyed
to the County under subsection (b)(2) shall be used by the
County as--
(A) a public park; or
(B) part of a public regional trail system.
(2) Reversion.--The portion of the Federal parcel conveyed
to the County shall revert to the United States if the
County--
(A) transfers, or attempts to transfer, the portion of the
Federal parcel; or
(B) uses the portion of the Federal parcel in a manner
inconsistent with paragraph (1).
SEC. 105. STATUS AND MANAGEMENT OF ACQUIRED LAND.
(a) Administration.--The non-Federal parcel acquired by the
United States in the land
[[Page S5379]]
exchange under section 104 shall be added to, and
administered by the Secretary as part of, the conservation
area in accordance with--
(1) the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.);
(2) the Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2343); and
(3) other applicable law.
(b) Boundary Adjustment.--If any part of the non-Federal
parcel acquired under section 104 lies outside the boundary
of the conservation area, the Secretary--
(1) shall adjust the boundary of the conservation area to
include that part of the non-Federal parcel; and
(2) shall prepare a map depicting the boundary adjustment,
which shall be on file and available for public inspection in
accordance with section 104(e)(2).
(c) Conforming Amendment.--Section 3(a)(2) of the Red Rock
Canyon National Conservation Area Establishment Act of 1990
(16 U.S.C. 460ccc-1(a)(2)) is amended by inserting before the
period at the end the following: ``and such additional areas
as are included in the conservation area under the Red Rock
Canyon National Conservation Area Protection and Enhancement
Act of 2002, the exact acreage of which shall be determined
by a final appraisal conducted by an appraiser approved by
the Secretary''.
SEC. 106. GENERAL PROVISIONS.
(a) Valid Existing Rights.--Each conveyance under section
104 shall be subject to valid existing rights, leases,
rights-of-way, and permits.
(b) Withdrawal of Affected Land.--Subject to valid existing
rights, the Secretary may withdraw the Federal parcel from
operation of the public land laws (including mining laws).
TITLE II--WILDERNESS AREAS
SEC. 201. FINDINGS.
Congress finds that--
(1) public land in the County contains unique and
spectacular natural resources, including--
(A) priceless habitat for numerous species of plants and
wildlife; and
(B) thousands of acres of pristine land that remain in a
natural state; and
(2) continued preservation of those areas would benefit the
County and all of the United States by--
(A) ensuring the conservation of ecologically diverse
habitat;
(B) conserving primitive recreational resources; and
(C) protecting air and water quality.
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Additions.--The following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Arrow canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
27,495 acres, as generally depicted on the map entitled
``Arrow Canyon'', dated June 5, 2002, which shall be known as
the ``Arrow Canyon Wilderness''.
(2) Black canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 17,220 acres, as
generally depicted on the map entitled ``El Dorado/Spirit
Mountain'', dated June 10, 2002, which shall be known as the
``Black Canyon Wilderness''.
(3) Black mountain wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 14,625 acres, as generally depicted on the map
entitled ``Muddy Mountains'', dated June 5, 2002, which shall
be known as the ``Black Mountain Wilderness''.
(4) Bridge canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 7,761 acres, as generally depicted on the map
entitled ``El Dorado/Spirit Mountain'', dated June 10, 2002,
which shall be known as the ``Bridge Canyon Wilderness''.
(5) El dorado wilderness.--Certain Federal land within the
Lake Mead National Recreation Area and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 31,950 acres, as generally depicted
on the map entitled ``El Dorado/Spirit Mountain'', dated June
10, 2002, which shall be known as the ``El Dorado
Wilderness''.
(6) Hamblin mountain wilderness.--Certain Federal land
within the Lake Mead National Recreation Area, comprising
approximately 17,047 acres, as generally depicted on the map
entitled ``Muddy Mountains'', dated June 5, 2002, which shall
be known as the ``Hamblin Mountain Wilderness''.
(7) Ireteba peaks wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 31,321 acres, as
generally depicted on the map entitled ``El Dorado/Spirit
Mountain'', dated June 10, 2002, which shall be known as the
``Ireteba Peaks Wilderness''.
(8) Jimbilnan wilderness.--Certain Federal land within the
Lake Mead National Recreation Area, comprising approximately
18,879 acres, as generally depicted on the map entitled
``Muddy Mountains'', dated June 5, 2002, which shall be known
as the ``Jimbilnan Wilderness''.
(9) Jumbo springs wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
4,631 acres, as generally depicted on the map entitled ``Gold
Butte'', dated June 5, 2002, which shall be known as the
``Jumbo Springs Wilderness''.
(10) La madre mountain wilderness.--Certain Federal land
within the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 46,634 acres, as generally depicted
on the map entitled ``Spring Mountains'', dated June 5, 2002,
which shall be known as the ``La Madre Mountain Wilderness''.
(11) Lime canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
16,710 acres, as generally depicted on the map entitled
``Gold Butte'', dated June 5, 2002, which shall be known as
the ``Lime Canyon Wilderness''.
(12) Mt. charleston wilderness additions.--Certain Federal
land within the Toiyabe National Forest and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 13,598 acres, as
generally depicted on the map entitled ``Spring Mountains'',
dated June 5, 2002, which shall be included in the Mt.
Charleston Wilderness.
(13) Muddy mountains wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of land managed by the Bureau of Land Management,
comprising approximately 48,019 acres, as generally depicted
on the map entitled ``Muddy Mountains'', dated June 5, 2002,
which shall be known as the ``Muddy Mountains Wilderness''.
(14) Nellis wash wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 16,423 acres, as generally depicted on the map
entitled ``El Dorado/Spirit Mountain'', dated June 10, 2002,
which shall be known as the ``Nellis Wash Wilderness''.
(15) North mccullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 14,763 acres, as generally depicted on the map
entitled ``McCulloughs'', dated June 10, 2002, which shall be
known as the ``North McCullough Wilderness''.
(16) Pine creek wilderness.--Certain Federal land within
the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 25,375 acres, as generally depicted
on the map entitled ``Spring Mountains'', dated June 5, 2002,
which shall be known as the ``Pine Creek Wilderness''.
(17) Pinto valley wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 6,912 acres, as
generally depicted on the map entitled ``Muddy Mountains'',
dated June 5, 2002, which shall be known as the ``Pinto
Valley Wilderness''.
(18) South mccullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 44,245 acres, as generally depicted on the map
entitled ``McCulloughs'', dated June 10, 2002, which shall be
known as the ``South McCullough Wilderness''.
(19) Spirit mountain wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 34,261 acres, as
generally depicted on the map entitled ``El Dorado/Spirit
Mountain'', dated June 10, 2002, which shall be known as the
``Spirit Mountain Wilderness''.
(20) Wee thump joshua tree wilderness.--Certain Federal
land managed by the Bureau of Land Management, comprising
approximately 6,050 acres, as generally depicted on the map
entitled ``McCulloughs'', dated June 10, 2002, which shall be
known as the ``Wee Thump Joshua Tree Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness
area designated by subsection (a) that is bordered by Lake
Mead, Lake Mohave, or the Colorado River shall be 300 feet
inland from the high water line.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area designated by
subsection (a) with the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical
errors in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in (as
appropriate)--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the State Director of the Bureau of Land
Management of the State;
(C) the Las Vegas District Office of the Bureau of Land
Management;
(D) the Office of the Director of the National Park
Service; and
(E) the Office of the Chief of the Forest Service.
SEC. 203. ADMINISTRATION.
(a) Wilderness Area Administration.--Subject to valid
existing rights, including
[[Page S5380]]
rights to access the area, each area designated as wilderness
by this title shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act (16
U.S.C. 1131 et seq.) governing areas designated by that Act
as wilderness, except that any reference in the provisions to
the effective date shall be considered to be a reference to
the date of enactment of this Act.
(b) Livestock.--Within the wilderness areas designated
under this title, the grazing of livestock in areas in which
grazing is allowed on the date of enactment of this Act shall
be allowed to continue subject to such reasonable
regulations, policies, and practices that--
(1) the Secretary considers necessary; and
(2) conform to and implement the intent of Congress
regarding grazing in those areas as such intent is expressed
in--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) section 101(f) of the Arizona Desert Wilderness Act of
1990 (104 Stat. 4473); and
(C) Appendix A of House Report No. 101-405 of the 101st
Congress.
(c) Incorporation of Acquired Land and Interests.--Any land
or interest in land within the boundaries of an area
designated as wilderness by this title that is acquired by
the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness
area within which the acquired land or interest in land is
located.
(d) Air Quality Designation.--Notwithstanding sections 162
and 164 of the Clean Air Act (42 U.S.C. 7472, 7474), any
wilderness area designated under this title shall retain a
Class II air quality designation and may not be redesignated
as Class I.
SEC. 204. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the
designation of wilderness in the State pursuant to this title
to lead to the creation of protective perimeters or buffer
zones around any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness designated under this title shall not preclude the
conduct of those activities or uses outside the boundary of
the wilderness area.
SEC. 205. OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) overflights, including low-level overflights, over the
areas designated as wilderness by this title, including
military overflights that can be seen or heard within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
In recognition of the past use of portions of the areas
designated as wilderness by this title by Native Americans
for traditional cultural and religious purposes, the
Secretary shall ensure, from time to time, nonexclusive
access by Native Americans to the areas for those purposes,
including wood gathering for personal use and the collecting
of plants or herbs.
SEC. 207. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
sections 202 and 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1782), the public
land in the County administered by the Bureau of Land
Management and the Forest Service in the following areas have
been adequately studied for wilderness designation:
(1) The Garrett Buttes Wilderness Study Area.
(2) The Quail Springs Wilderness Study Area.
(3) The Nellis A,B,C Wilderness Study Area.
(4) Any portion of the wilderness study areas--
(A) not designated as wilderness by section 202(a); and
(B) designated for release on--
(i) the map entitled ``Muddy Mountains'' and dated June 5,
2002;
(ii) the map entitled ``Spring Mountains'' and dated June
5, 2002;
(iii) the map entitled ``Arrow Canyon'' and dated June 5,
2002;
(iv) the map entitled ``Gold Butte'' and dated June 5,
2002;
(v) the map entitled ``McCullough Mountains'' and dated
June 10, 2002;
(vi) the map entitled ``El Dorado/Spirit Mountain'' and
dated June 10, 2002; or
(vii) the map entitled ``Southern Nevada Public Land
Management Act'' and dated June 10, 2002.
(b) Release.--Except as provided in subsection (c), any
public land described in subsection (a) that is not
designated as wilderness by this title--
(1) shall not be subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) the Clark County Multi-Species Habitat Conservation
Plan, including any amendments to the plan.
(c) Land Not Released.--The following land is not released
from the wilderness study requirements of sections 202 and
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1782):
(1) Meadow Valley Mountains Wilderness Study Area.
(2) Million Hills Wilderness Study Area.
(3) Mt. Stirling Wilderness Study Area.
(4) Mormon Mountains Wilderness Study Area.
(5) Sunrise Mountain Instant Study Area.
(6) Virgin Mountain Instant Study Area.
(d) Right-of-Way Grants.--
(1) Sunrise mountain.--
(A) In general.--To facilitate energy security and the
timely delivery of new energy supplies to the States of
Nevada and California and the Southwest, notwithstanding
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the Secretary shall issue to the
State-regulated sponsor of the Centennial Project a right-of-
way grant for the construction and maintenance of 2 500-
kilovolt electrical transmission lines.
(B) Location.--The transmission lines described in
subparagraph (A) shall be constructed within the 1,400-foot-
wide utility right-of-way corridor in the Sunrise Mountain
Instant Study Area in the County.
(2) Meadow valley mountains wilderness study area.--The
Secretary shall issue to the developers of the proposed
Meadow Valley generating project a right-of-way grant for the
construction and maintenance of electric and water
transmission lines in the Meadow Valley Mountains Wilderness
Study Area in Clark and Lincoln Counties in the State.
SEC. 208. WILDLIFE MANAGEMENT.
(a) In General.--The Secretary shall conduct such
management activities as are necessary to maintain or restore
fish and wildlife populations and fish and wildlife habitats
in the areas designated as wilderness by this title.
(b) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary shall permit hunting,
fishing, and trapping on land and water in wilderness areas
designated by this title in accordance with applicable
Federal and State laws.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by regulation
areas in which, and establish periods during which, for
reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be
permitted in the wilderness areas designated by this title.
(B) Consultation.--Except in emergencies, the Secretary
shall consult with, and obtain the approval of, the
appropriate State agency before promulgating regulations
under subparagraph (A) that close a portion of the wilderness
areas to hunting, fishing, or trapping.
(c) Motorized Vehicles.--
(1) In general.--The Secretary shall authorize the
occasional and temporary use of motorized vehicles in the
wilderness areas, including the uses described in paragraph
(2), if the use of motorized vehicles would--
(A) as determined by the Secretary, enhance wilderness
values by promoting healthy, viable, and more naturally
distributed wildlife populations and other natural resources;
and
(B) accomplish the purposes for which the use is authorized
while causing the least amount of damage to the wilderness
areas, as compared with the alternatives.
(2) Authorized uses.--The uses referred to in paragraph (1)
include--
(A) the use of motorized vehicles by--
(i) a State agency responsible for fish and wildlife
management; or
(ii) a designee of such a State agency;
(B) the use of aircraft to survey, capture, transplant, and
monitor wildlife populations;
(C) when necessary to protect or rehabilitate natural
resources in the wilderness areas, access by motorized
vehicles for the--
(i) repair, maintenance, and reconstruction of water
developments, including guzzlers, in existence on the date of
enactment of this Act; and
(ii) the installation, repair, maintenance, and
reconstruction of new water developments, including guzzlers;
and
(D) the use of motorized equipment, including aircraft, to
manage and remove, as appropriate, feral stock, feral horses,
and feral burros.
(d) Wildlife Water Development Projects.--The Secretary
shall authorize the construction of structures and facilities
for wildlife water development projects, including guzzlers,
in the wilderness areas designated by this title if--
(1) the construction activities will, as determined by the
Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations;
and
(2) the visual impacts of the construction activities on
the wilderness areas can reasonably be minimized.
(e) Buffer.--A road in the State that is bordered by a
wilderness area designated by this title shall include a
buffer on each side of the road that is the greater of--
(1) 100 feet wide; or
(2) the width of the buffer on the date of enactment of
this Act.
(f) Effect.--Nothing in this title diminishes the
jurisdiction of the State with respect to fish and wildlife
management, including regulation of hunting and fishing on
public land in the State.
[[Page S5381]]
SEC. 209. WILDFIRE MANAGEMENT.
Nothing in this title precludes a Federal, State, or local
agency from conducting wildfire management operations
(including operations using aircraft or mechanized equipment)
to manage wildfires in the wilderness areas designated by
this title.
SEC. 210. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
prescribe, nothing in this title precludes the installation
and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas
designated by this title if the facilities and access to the
facilities are essential to flood warning, flood control, and
water reservoir operation activities.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION
SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE
UNITED STATES FISH AND WILDLIFE SERVICE.
(a) In General.--The Secretary of the Interior shall
transfer to the United States Fish and Wildlife Service
administrative jurisdiction over the parcel of land described
in subsection (b) for inclusion in the Desert National
Wildlife Range.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 49,817 acres of Bureau of
Land Management land, as depicted on the map entitled ``Arrow
Canyon'' and dated June 5, 2002.
(c) Wilderness Release.--
(1) Finding.--Congress finds that the parcel of land
described in subsection (b) has been adequately studied for
wilderness designation for the purposes of section 603(c) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
(2) Release.--The parcel of land described in subsection
(b)--
(A) shall not be subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with--
(i) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(ii) the Clark County Multi-Species Habitat Conservation
Plan.
(d) Use of Land.--To the extent not prohibited by Federal
or State law, the parcel of land described in subsection (b)
shall be available for the extraction of mineral resources.
SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE
NATIONAL PARK SERVICE.
(a) In General.--The Secretary of the Interior shall
transfer to the National Park Service administrative
jurisdiction over the parcel of land described in subsection
(b) for inclusion in the Lake Mead National Recreation Area.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 10 acres of Bureau of
Land Management land, as depicted on the map entitled ``El
Dorado/Spirit Mountain'' and dated June 10, 2002.
(c) Use of Land.--The parcel of land described in
subsection (b) shall be used by the National Park Service for
administrative facilities.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
SEC. 401. DISPOSAL AND EXCHANGE.
(a) In General.--Section 4 of the Southern Nevada Public
Land Management Act of 1998 (Public Law 105-263; 112 Stat.
2344) is amended--
(1) in the first sentence of subsection (a), by striking
``entitled `Las Vegas Valley, Nevada, Land Disposal Map',
April 10, 1997'' and inserting ``entitled `Southern Nevada
Public Land Management Act', dated June 10, 2002''; and
(2) in subsection (e)(3)--
(A) in subparagraph (A)(iv), by inserting ``or regional
governmental entity'' after ``local government''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Administration.--Of the amounts available to the
Secretary from the special account in any fiscal year
(determined without taking into account amounts deposited
under subsection (g)(4))--
``(i) not more than 25 percent of the amounts may be used
in any fiscal year for the purposes described in subparagraph
(A)(ii); and
``(ii) not less than 25 percent of the amounts may be used
in any fiscal year for the purposes described in subparagraph
(A)(iv).''.
(b) Effective Date.--The amendments made by subsection (a)
take effect on January 31, 2003.
TITLE V--IVANPAH CORRIDOR
SEC. 501. INTERSTATE ROUTE 15 SOUTH CORRIDOR.
(a) Management of Interstate Route 15 Corridor Land.--
(1) In general.--The Secretary shall manage the land
located along the Interstate Route 15 corridor south of the
Las Vegas Valley to the border between the States of
California and Nevada, as generally depicted on the map
entitled ``Clark County Conservation of Public Land and
Natural Resources Act of 2002'' and dated June 10, 2002, in
accordance with the Southern Nevada Public Land Management
Act of 1998 (Public Law 105-263; 112 Stat. 2343) and this
section.
(2) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the State Director of the Bureau of Land
Management of the State; and
(C) the Las Vegas District Office of the Bureau of Land
Management.
(3) Multiple use management.--Subject to any land
management designations under the 1998 Las Vegas District
Resource Management Plan or the Clark County Multi-Species
Conservation Plan, land depicted on the map described in
paragraph (1) shall be managed for multiple use purposes.
(4) Termination of administrative withdrawal.--The
administrative withdrawal of the land identified as the
``Interstate 15 South Corridor'' on the map entitled ``Clark
County Conservation of Public Land and Natural Resources Act
of 2002'' and dated June 10, 2002, from mineral entry dated
July 23, 1997, and as amended March 9, 1998, is terminated.
(5) Transportation and utilities corridor.--Notwithstanding
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary,
in accordance with this section and other applicable law and
subject to valid existing rights, shall establish a 2,640-
foot wide corridor between the Las Vegas valley and the
proposed Ivanpah Airport for the placement, on a nonexclusive
basis, of utilities and transportation.
(b) Ivanpah Airport Environs Overlay District Land
Transfer.--
(1) In general.--Subject to paragraph (2) and valid
existing rights, on request by the County, the Secretary
shall transfer to the County, without consideration, all
right, title, and interest of the United States in and to the
land identified on the map entitled ``Clark County
Conservation of Public Land and Natural Resources Act of
2002'' and dated June 10, 2002.
(2) Conditions for transfer.--As a condition of the
transfer under paragraph (1), the County shall agree--
(A) to manage the transferred land in accordance with
section 47504 of title 49, United States Code (including
regulations promulgated under that section); and
(B) that if any portion of the transferred land is sold,
leased, or otherwise conveyed or leased by the County--
(i) the sale, lease, or other conveyance shall be--
(I) subject to a limitation that requires that any use of
the transferred land be consistent with the Agreement and
section 47504 of title 49, United States Code (including
regulations promulgated under that section); and
(II) for fair market value; and
(ii) of any gross proceeds received by the County from the
sale, lease, or other conveyance of the land, the County
shall--
(I) contribute 85 percent to the special account
established by section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112
Stat. 2345);
(II) contribute 5 percent to the State for use in the
general education program of the State; and
(III) reserve 10 percent for use by the Clark County
Department of Aviation for airport development and noise
compatibility programs.
(c) Withdrawal of Land.--
(1) In general.--Subject to valid existing rights, the
corridor described in subsection (a)(5) and the land
transferred to the County under subsection (b)(1) are
withdrawn from location and entry under the mining laws, and
from operation under the mineral leasing and geothermal
leasing laws, until such time as--
(A) the Secretary terminates the withdrawal; or
(B) the corridor or land, respectively, is patented.
(2) Areas of critical environmental concern.--Subject to
valid existing rights, any Federal land in an area of
critical environmental concern that is designated for
segregation and withdrawal under the 1998 Las Vegas Resource
Management Plan is segregated and withdrawn from the
operation of the mining laws in accordance with that plan.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ``Sloan Canyon National
Conservation Area Act''.
SEC. 602. PURPOSE.
The purpose of this title is to establish the Sloan Canyon
National Conservation Area to conserve, protect, and enhance
for the benefit and enjoyment of present and future
generations the cultural, archaeological, natural,
wilderness, scientific, geological, historical, biological,
wildlife, education, and scenic resources of the Conservation
Area.
SEC. 603. DEFINITIONS.
In this title:
(1) Conservation area.--The term ``Conservation Area''
means the Sloan Canyon National Conservation Area established
by section 604(a).
(2) Federal parcel.--The term ``Federal parcel'' means the
parcel of Federal land consisting of approximately 500 acres
that is identified as ``Tract A'' on the map entitled
``Southern Nevada Public Land Management Act'' and dated June
10, 2002.
[[Page S5382]]
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 605(b).
(4) Map.--The term ``map'' means the map submitted under
section 604(c).
SEC. 604. ESTABLISHMENT.
(a) In General.--For the purpose described in section 602,
there is established in the State a conservation area to be
known as the ``Sloan Canyon National Conservation Area''.
(b) Area Included.--The Conservation Area shall consist of
approximately 47,000 acres of public land in the County, as
generally depicted on the map.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the Conservation Area.
(2) Effect.--The map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct minor errors in the map or
legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in--
(i) the Office of the Director of the Bureau of Land
Management;
(ii) the Office of the State Director of the Bureau of Land
Management of the State; and
(iii) the Las Vegas District Office of the Bureau of Land
Management.
SEC. 605. MANAGEMENT.
(a) In General.--The Secretary, acting through the Director
of the Bureau of Land Management, shall manage the
Conservation Area--
(1) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) other applicable law, including this Act.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the State, the city of Henderson, the County, and any other
interested persons, shall develop a comprehensive management
plan for the Conservation Area.
(2) Requirements.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area; and
(B)(i) authorize the use of motorized vehicles in the
Conservation Area--
(I) for installing, repairing, maintaining, and
reconstructing water development projects, including
guzzlers, that would enhance the Conservation Area by
promoting healthy, viable, and more naturally distributed
wildlife populations; and
(II) subject to any limitations that are not more
restrictive than the limitations on such uses authorized in
wilderness areas under clauses (i) and (ii) of section
208(c)(2)(C); and
(ii) include or provide recommendations on ways of
minimizing the visual impacts of such activities on the
Conservation Area.
(c) Use.--The Secretary may allow any use of the
Conservation Area that the Secretary determines will further
the purpose described in section 602.
(d) Motorized Vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the
use of motorized vehicles in the Conservation Area shall be
permitted only on roads and trails designated for the use of
motorized vehicles by the management plan developed under
subsection (b).
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights and the
right-of-way issued under subsection (h), all public land in
the Conservation Area is withdrawn from--
(A) all forms of entry and appropriation under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--Notwithstanding any other provision
of law, if the Secretary acquires mineral or other interests
in a parcel of land within the Conservation Area after the
date of enactment of this Act, the parcel is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(f) Hunting, Fishing, and Trapping.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall permit hunting, fishing, and trapping in the
Conservation Area in accordance with applicable Federal and
State laws.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by regulation
areas in which, and establish periods during which, for
reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be
permitted in the Conservation Area.
(B) Consultation.--Except in emergencies, the Secretary
shall consult with, and obtain the approval of, the
appropriate State agency before promulgating regulations
under subparagraph (A) that close a portion of the
Conservation Area to hunting, fishing, or trapping.
(g) No Buffer Zones.--
(1) In general.--The establishment of the Conservation Area
shall not create an express or implied protective perimeter
or buffer zone around the Conservation Area.
(2) Private land.--If the use of, or conduct of an activity
on, private land that shares a boundary with the Conservation
Area is consistent with applicable law, nothing in this title
concerning the establishment of the Conservation Area shall
prohibit or limit the use or conduct of the activity.
(h) Right-of-Way.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall convey to the city
of Henderson the public right-of-way requested for rural
roadway and public trail purposes under the application
numbered N-65874.
SEC. 606. SALE OF FEDERAL PARCEL.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713) and subject to valid existing rights, not later
than 180 days after the date of enactment of this Act, the
Secretary shall convey to the highest qualified bidder all
right, title, and interest of the United States in and to the
Federal parcel.
(b) Disposition of Proceeds.--Of the gross proceeds from
the conveyance of land under subsection (a)--
(1) 5 percent shall be available to the State for use in
the general education program of the State;
(2) 8 percent shall be deposited in the special account
established by section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112
Stat. 2345), to be available without further appropriation
for a comprehensive southern Nevada litter cleanup and public
awareness campaign; and
(3) the remainder shall be deposited in the special account
described in paragraph (2), to be available to the Secretary,
without further appropriation for--
(A) the construction and operation of facilities at, and
other management activities in, the Conservation Area;
(B) the construction and repair of trails and roads in the
Conservation Area authorized under the management plan;
(C) research on and interpretation of the archaeological
and geological resources of Sloan Canyon; and
(D) any other purpose that the Secretary determines to be
consistent with the purpose described in section 602.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE VII--PUBLIC INTEREST CONVEYANCES
SEC. 701. DEFINITION OF MAP.
In this title, the term ``map'' means the map entitled
``Southern Nevada Public Land Management Act'' and dated June
10, 2002.
SEC. 702. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS
RESEARCH FOUNDATION.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the University of Nevada, Las Vegas, needs land in the
greater Las Vegas area to provide for the future growth of
the university;
(B) the proposal by the University of Nevada, Las Vegas,
for construction of a research park and technology center in
the greater Las Vegas area would enhance the high tech
industry and entrepreneurship in the State; and
(C) the land transferred to the Clark County Department of
Aviation under section 4(g) of the Southern Nevada Public
Land Management Act of 1998 (Public Law 105-263; 112 Stat.
2346) is the best location for the research park and
technology center.
(2) Purposes.--The purposes of this section are--
(A) to provide a suitable location for the construction of
a research park and technology center in the greater Las
Vegas area;
(B) to provide the public with opportunities for education
and research in the field of high technology; and
(C) to provide the State with opportunities for competition
and economic development in the field of high technology.
(b) Technology Research Center.--
(1) Conveyance.--Notwithstanding section 4(g)(4) of the
Southern Nevada Public Land Management Act of 1998 (Public
Law 105-263; 112 Stat. 2347), the Clark County Department of
Aviation may convey, without consideration, all right, title,
and interest in and to the parcel of land described in
paragraph (2) to the University of Nevada at Las Vegas
Research Foundation for the development of a technology
research center.
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of Clark County Department of
Aviation land--
(A) consisting of approximately 115 acres; and
(B) located in the SW 1/4 of section 33, T. 21 S., R. 60
E., Mount Diablo Base and Meridian.
SEC. 703. CONVEYANCE TO THE LAS VEGAS METROPOLITAN POLICE
DEPARTMENT.
The Secretary shall convey to the Las Vegas Metropolitan
Police Department, without consideration, all right, title,
and interest in and to the parcel of land identified as
``Tract F'' on the map for use as a shooting range.
SEC. 704. CONVEYANCE TO THE CITY OF HENDERSON FOR THE NEVADA
STATE COLLEGE AT HENDERSON.
(a) Definitions.--In this section:
(1) Chancellor.--The term ``Chancellor'' means the
Chancellor of the University system.
[[Page S5383]]
(2) City.--The term ``City'' means the city of Henderson,
Nevada.
(3) College.--The term ``College'' means the Nevada State
College at Henderson.
(4) University system.--The term ``University system''
means the University and Community College System of Nevada.
(b) Conveyance.--
(1) In general.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) 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)), not later than 60 days after the date on which the
survey is approved under paragraph (3)(A)(ii), the Secretary
shall convey to the City all right, title, and interest of
the United States in and to the parcel of Federal land
identified as ``Tract H'' on the map for use as a campus for
the College.
(2) Conditions.--
(A) In general.--As a condition of the conveyance under
paragraph (1), the Chancellor and the City shall agree in
writing--
(i) to pay any administrative costs associated with the
conveyance, including the costs of any environmental,
wildlife, cultural, or historical resources studies;
(ii) to use the Federal land conveyed for educational and
recreational purposes;
(iii) to release and indemnify the United States from any
claims or liabilities which may arise from uses that are
carried out on the Federal land on or before the date of
enactment of this Act by the United States or any person;
(iv) to provide to the Secretary, on request, any report,
data, or other information relating to the operations of the
College that may be necessary, as determined by the
Secretary, to determine whether the College is in compliance
with this Act;
(v) as soon as practicable after the date of the conveyance
under paragraph (1), to erect at the College 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 citizens in the
State;
(vi) to provide information to the students of the College
on the role of the United States in the establishment of the
College; and
(vii) to assist the Bureau of Land Management in providing
information to the students of the College and the citizens
of the State on--
(I) public land in the State; and
(II) the role of the Bureau of Land Management in managing,
preserving, and protecting the public land.
(B) Valid existing rights.--The conveyance under paragraph
(1) shall be subject to all valid existing rights.
(3) Use of federal land.--
(A) In general.--The College and the City may use the land
conveyed under paragraph (1) for any purpose relating to the
establishment, operation, growth, and maintenance of the
College, including the construction, operation, maintenance,
renovation, and demolition of--
(i) classroom facilities;
(ii) laboratories;
(iii) performance spaces;
(iv) student housing;
(v) administrative facilities;
(vi) sports and recreational facilities and fields;
(vii) food service, concession, and related facilities;
(viii) parks and roads; and
(ix) water, gas, electricity, phone, Internet, and other
utility delivery systems.
(B) Profitable activities.--The manufacturing,
distribution, marketing, and selling of refreshments, books,
sundries, College logo merchandise, and related materials on
the Federal land for a profit shall be considered to be an
educational or recreational use for the purposes of this
section, if--
(i) the profitable activities are reasonably related to the
educational or recreational purposes of the College; and
(ii) any profits are used to further the educational or
recreational purposes of the College.
(C) Other entities.--The College may--
(i) consistent with Federal and State law, lease or
otherwise provide property or space at the College, with or
without consideration, to religious, public interest,
community, or other groups for services and events that are
of interest to the College, the City, or any community
located in the Las Vegas Valley;
(ii) allow the City or any other community in the Las Vegas
Valley to use facilities of the College for educational and
recreational programs of the City or community; and
(iii) in conjunction with the City, plan, finance,
(including the provision of cost-share assistance),
construct, and operate facilities for the City on the Federal
land conveyed for educational or recreational purposes
consistent with this section.
(4) Reversion.--
(A) Notice.--If the Federal land or any portion of the
Federal land conveyed under paragraph (1) ceases to be used
for the College, the Secretary shall notify the President and
the City in writing of the intention of the Secretary to
reclaim title to the Federal land or any portion of the
Federal land, including any improvements to the Federal land,
on behalf of the United States.
(B) Evidence.--Not later than 180 days after the date of
receipt of a notification under subparagraph (A), the
President may submit to the Secretary any evidence that the
Federal land, or any portion of the Federal land, is being
used in accordance with the purposes of this section.
(C) Purchase by university system.--
(i) Offer.--Instead of reclaiming title to the Federal land
or any portion of the Federal land under this paragraph, the
Secretary may allow the University system to obtain title to
the Federal land or any portion of the Federal land in
exchange for payment by the University system of an amount
equal to the fair market value of the land, excluding the
value of any improvements, for any portions of the Federal
land not being used for the purposes specified in this
section.
(ii) Auction.--If the University system elects not to
purchase the Federal land under clause (i)--
(I) the Federal land shall revert to the United States; and
(II) the Secretary shall--
(aa) dispose of the Federal land at public auction for fair
market value; and
(bb) deposit the proceeds of the disposal in accordance
with section 4(e)(1) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).
SEC. 705. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) Conveyance.--The Secretary shall convey to the City,
without consideration, all right, title, and interest of the
United States in and to the parcels of land identified as
``Tract C'' and ``Tract D'' on the map.
(c) Reversion.--If a parcel of land conveyed to the City
under subsection (b) ceases to be used for affordable housing
or for a purpose related to affordable housing, the parcel
shall, if determined to be appropriate by the Secretary,
revert to the United States.
SEC. 706. HENDERSON ECONOMIC DEVELOPMENT ZONE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Henderson,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
parcels of Federal land identified as ``Tract G'' on the map.
(b) Conveyance.--
(1) In general.--Subject to paragraph (2) and valid
existing rights, on request by the City, the Secretary shall
convey to the City, without consideration, all right, title,
and interest of the United States in and to the Federal land.
(2) Conditions.--As a condition of the conveyance of land
under paragraph (1), the City shall agree--
(A) to manage, in consultation with the Clark County
Department of Aviation, the land in accordance with section
47504 of title 49, United States Code; and
(B) that if any portion of the Federal land is sold,
leased, or otherwise conveyed by the City--
(i) the sale, lease, or conveyance shall be--
(I) for the purposes of implementing the economic
development goals of the City;
(II) subject to a requirement that any use of the
transferred land be consistent with section 47504 of title
49, United States Code; and
(III) for an amount equal to--
(aa) at least fair market value; plus
(bb) as the City determines to be appropriate, any
administrative costs of the City relating to the Federal
land, including costs--
(AA) associated with the sale, lease, or conveyance of the
Federal land;
(BB) for planning, engineering, surveying, and subdividing
the land; and
(CC) as the City determines appropriate, for the planning,
design, and construction of infrastructure for the economic
development zone; and
(ii) the City shall deposit the proceeds from any sale,
lease, or other conveyance of the Federal land, excluding any
administrative costs received under item (bb), in accordance
with section 4(e)(1) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).
(3) Availability of map.--The map shall be on file and
available for public inspection in--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the State Director of the Bureau of Land
Management of the State; and
(C) the Las Vegas District Office of the Bureau of Land
Management.
(4) Reservation for recreational or public purposes.--
(A) In general.--The City may elect to use 1 or more
parcels of Federal land for recreational or public purposes
under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(B) Consideration.--If the City makes an election under
subparagraph (A), the City shall pay to the Bureau of Land
Management an amount determined under that Act.
(5) Reversion.--A parcel of Federal land shall revert to
the United States if--
(A) a parcel used by the City for local recreational or
public purposes under paragraph (4)--
(i) ceases to be used by the City for such purposes; and
(ii) is not sold, leased, or conveyed in accordance with
paragraph (2)(B); or
[[Page S5384]]
(B) by the date specified in paragraph (6), the City does
not--
(i) elect to use the parcel for local recreational or
public purposes under paragraph (4); or
(ii) sell, lease, or convey the Federal parcel in
accordance with paragraph (2)(B).
(6) Termination of effectiveness.--The authority provided
by this section terminates on the date that is 20 years after
the date of enactment of this Act.
SEC. 707. CONVEYANCE OF SUNRISE MOUNTAIN LANDFILL TO CLARK
COUNTY, NEVADA.
(a) In General.--Not later than 1 year after the date on
which a cleanup of the land identified as ``Tract E'' on the
map is completed, the Secretary shall convey to the County,
without consideration, all right, title, and interest of the
United States in and to the land.
(b) Survey.--
(1) In general.--The Secretary shall conduct a survey to
determine the exact acreage and legal description of the land
to be conveyed under subsection (a).
(2) Cost.--The County shall be responsible for the cost of
the survey conducted under paragraph (1).
(c) Conditions.--
(1) In general.--As a condition of the conveyance of the
land under subsection (a), the County shall enter into a
written agreement with the Secretary that provides that--
(A) the Secretary shall not be liable for any claims
arising from the land after the date of conveyance; and
(B) the County may use the land conveyed for any purpose.
(2) Valid existing rights.--
(A) In general.--Except as provided in subparagraph (B),
the conveyance of land under subsection (a) shall be subject
to valid existing rights.
(B) Exception.--On conveyance of the land under subsection
(a), the Secretary shall terminate any lease with respect to
the land that--
(i) was issued under the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (43
U.S.C. 869 et seq.); and
(ii) is in effect on the date of enactment of this Act.
(d) Waiver of Certain Requirements.--The conveyance of land
under subsection (a)--
(1) shall not require the Secretary to update the 1998 Las
Vegas Valley Resource Management Plan; and
(2) shall not be subject to any law (including a
regulation) that limits the acreage authorized to be
transferred by the Secretary in any transaction or year.
SEC. 708. OPEN SPACE LAND GRANTS.
(a) Conveyance.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary shall convey to the city of Henderson, Nevada
(referred to in this section as the ``City''), subject to
valid existing rights, for no consideration, all right,
title, and interest of the United States in and to the parcel
of land identified as ``Tract B'' on the map entitled
``McCulloughs'' and dated June 10, 2002.
(2) Costs.--Any costs relating to the conveyance of the
parcel of land under paragraph (1), including costs for a
survey and other administrative costs, shall be paid by the
City.
(b) Use of Land.--
(1) In general.--The parcel of land conveyed to the City
under subsection (a)(1) shall be used--
(A) for the conservation of natural resources;
(B) for public recreation, including hiking, horseback
riding, biking, and birdwatching;
(C) as part of a regional trail system; and
(D) for flood control facilities.
(2) Facilities.--Any facility on the parcel of land
conveyed under subsection (a)(1) shall be constructed and
managed in a manner consistent with the uses specified in
paragraph (1).
(3) Reversion.--If the parcel of land conveyed under
subsection (a)(1) is used in a manner that is inconsistent
with the uses specified in paragraph (1), the parcel of land
shall, if determined to be appropriate by the Secretary,
revert to the United States.
(c) Wilderness Release.--Congress finds that the parcel of
land identified in subsection (a)(1)--
(1) has been adequately studied for wilderness designation
for the purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall not be subject to the requirements of that
section relating to the management of wilderness study areas.
SEC. 709. RELOCATION OF RIGHT-OF-WAY CORRIDOR LOCATED IN
CLARK AND LINCOLN COUNTIES IN THE STATE OF
NEVADA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the land
exchange agreement between Aerojet-General Corporation and
the United States, dated July 13, 1988.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Relocation.--The Secretary shall, without
consideration, relocate the right-of-way corridor described
in subsection (c) to the area described in subsection (d).
(c) Description of Right-of-Way Corridor.--The right-of-way
corridor referred to in subsection (a) consists of the right-
of-way corridor--
(1) numbered U-42519;
(2) referred to in the patent numbered 27-88-0013 and dated
July 18, 1988; and
(3) more particularly described in section 14(a) of the
Agreement.
(d) Description of Area.--The area referred to in
subsection (a) consists of an area--
(1) 1,000 feet wide; and
(2) located west of and parallel to the centerline of
United States Route 93.
Mr. ENSIGN. Mr. President, today it is a great privilege and honor
for me to introduce the Clark County Conservation of Public Land and
Natural Resources Act of 2002 with my good friend and colleague from
Nevada, Senator Harry Reid.
The introduction of this legislation today is the culmination of over
a year of work. We held public forums in Clark County to solicit the
input of interested parties. My staff spent many hours with local
government officials, the environmental community, multiple-use groups,
utility providers, home developers, sportsmen, and other Nevadans to
reach a compromise on how we tackle the tough issues we face in Clark
County. While it is a daunting job to bring Nevadans with opposing
perspectives together on the controversial topic of wilderness, I
believe we have achieved a consensus that is good for all citizens in
Clark County. We will look back 30 years from now and realize how this
legislation contributed to the quality of life we cherish in southern
Nevada.
Because the Federal government manages 87 percent of the land in
Nevada, the federal presence imposes enormous barriers to land use
planning in a state that, again, outpaces every other state in
population growth. I know I speak for many Nevadans when I say that we
wish we did not have so much federal land within our borders. But the
reality is that we do, and that this legislation is necessary to plan
for growth and to set aside our pristine lands for future generations
to enjoy and visit. In many states, land use planning takes place in
city council chambers. We do not have that luxury, as we have to obtain
the consent of the Congress to make some of the most basic decisions.
Despite those obstacles, Senator Reid and I are putting forward
legislation that is a model for fast-growing communities struggling to
balance the equally important goals of environmental protection,
planned residential and business development, and the allocation of
scarce resources such as water.
One of my proudest achievements during my service in the U.S. House
of Representatives was the enactment of the Southern Nevada Public Land
Management Act, or what is probably better known in Nevada as the
Ensign-Bryan bill. Like the legislation Senator Reid and I are
introducing today, the Ensign-Bryan bill was the product of bipartisan
cooperation and the spirit of inclusion. Senator Bryan, who deserves
much credit for that landmark measure, and I hosted a public lands task
force to identify and propose solutions to the unique problems we faced
in the Las Vegas Valley. One of the major reforms that came about
because of the Ensign-Bryan bill was the change in the way public land
is disposed of in the Las Vegas Valley. We drew a disposal boundary
around the valley and asked the Bureau of Land Management to auction
the land to the highest bidder, in consultation with local governments.
The proceeds of those land auctions millions of dollars have been going
into a special fund to build parks and trails, acquire environmentally
sensitive land, initiate capital improvements in our beautiful
recreation and conservations areas, and maintain the Clark County
Multi-Species Habitat Conservation Plan. We also allocated funds for
water infrastructure and to the general education fund of the State of
Nevada. This legislation continues to encourage orderly growth,
improves the environment, and benefits the schoolchildren of Nevada.
Federal land has become so valuable because of the infrastructure
installed by private developers, local governments, and the taxpayers
of Nevada. It is because of the phenomenal growth in southern Nevada
that public land auctions have brought in millions of dollars. Eighty-
five percent of the proceeds from public land auctions in southern
Nevada are reinvested in environmental projects. So, I would challenge
those who claim that the federal government is not getting its fair
share of the proceeds from land sales. In fact,
[[Page S5385]]
the federal government is receiving large sums of money because of the
value-added infrastructure supported by Nevadans.
In the Clark County Conservation of Public Lands and Natural
Resources Act, we build upon the Southern Nevada Public Lands
Management Act and settle a number of wilderness designations that have
been pending since 1991. This bill designates 224,000 acres of BLM
wilderness while it releases 231,000 acres of wilderness study areas.
In the jurisdiction of the National Park Service adjacent to the
Colorado River and Lake Mead, 184,000 acres of wilderness are
designated. In all, 444,000 acres in Clark County will be added to our
national wilderness preservation system. While the acreage is more than
supported by a coalition of multiple-use advocates in Nevada, the
acreage is about one-fifth of the amount requested by the Friends of
Nevada Wilderness. This compromise is fair.
I am particularly proud that the bill creates a second National
Conservation Area in southern Nevada, the Sloan Canyon National
Conservation Area. Having such a magnificent resource at the edge of
the City of Henderson will provide countless new recreation
opportunities for those residents and provide open space that is so
important to the quality of life in the Las Vegas Valley. I am happy we
were able to improve the existing Red Rock National Conservation Area
by adding pristine land to the NCA held by the Howard Hughes
Corporation.
An important feature of this legislation I worked to include is the
creation of a comprehensive Southern Nevada Litter Cleanup Campaign. As
is the case in many desert communities, there is unfortunately a
prevalence of discarded trash along our highways and on tracts of
vacant BLM land within city limits. We must instill an ethic in our
community and sense of awareness that we cannot continue to treat our
desert lands as garbage dumps. While I attended college in Oregon, I
saw how effective the ``Keep Oregon Green'' campaign worked. I am
certain the same approach can produce results in southern Nevada, and
that it can be accomplished through the leadership of volunteers, civic
organizations, environmental groups, and private industry, without the
bureaucracy. I look forward to leaving to my children a community that
is much cleaner than the one we have today.
I worked to include protections in the Clark County Conservation of
Public Land and Natural Resources so that existing access in wilderness
is preserved. In addition to reserving motorized access through cherry-
stemmed roads on maps referred to in the bill, we make it clear that
reasonable access to water developments is permitted in wilderness
areas. Groups such as the Fraternity of the Big Horn Sheep provide
critical water to ensure the health of big horn sheep populations in
southern Nevada. Of course, all valid existing rights are honored
including grazing and mining. Buffers of at least 100 along each side
of the road are preserved. We also authorize fire suppression and
climatological data collection. All in all, reasonable access to
wilderness has been achieved and I am especially appreciative of
Senator Reid's flexibility in addressing the concerns of multiple-use
groups in this regard.
This legislation ensures Clark County's orderly growth over the next
several decades through the establishment of educational and research
institutions, industrial parks, and residential development. The
original disposal boundary defined in the Ensign-Bryan Act has been
expanded to accommodate planned growth in Clark County, the City of Las
Vegas, the City of North Las Vegas, and the City of Henderson. We have
some of the finest planned communities in the world in southern Nevada
and I know that the new lands will be showcases for quality living for
a broad spectrum of Nevadans. The bill sets aside land for the Clark
County Department of Aviation for the development of the Ivanpah
Airport south of Las Vegas, the only major international airport in the
United States that will be constructed from scratch in the next ten
years. And very importantly, we have opened up an energy corridor that
will augment Nevada's and the Southwest's electricity needs.
I also wanted to mention the Clark County Multi-Species Habitat
Conservation Plan. As the home to many threatened species, Clark County
has entered into an agreement with the Fish and Wildlife Service so
that the rapid growth we have been experiencing does not destroy
critical plant and animal habitats. Senator Reid and I have included
language to ensure that the MSHCP is not revoked when releasing lands
from wilderness study status. However, the agreement Senator Reid and I
reached does not mean that lands will be unavailable for multiple-use
in the future; we wanted to give Clark County and the Fish and Wildlife
Service the flexibility they need to amend the MSHCP as circumstances
warrant, particularly as this legislation is implemented.
Senator Reid and I went through a spirited campaign for the U.S.
Senate against each other in 1998. It was a very close race and I
conceded it by 428 votes. Our friendship is now strong, and I believe
that this bill is a testament to the fact that legislators from
different political perspectives can come together for the good of
their state. It is not easy work to bridge philosophical differences,
but it can and must be done for the sake of the people we represent.
I would like to thank Congressman Jim Gibbons for his support of this
measure in the U.S. House of Representatives. Congressman Gibbons was
an active participant in the development of this bill, and he offered
several constructive and good changes to its content. I appreciate very
much his guidance and assistance.
Finally, I would like to thank members of my staff who worked hard on
the development of this bill here in Washington and in Nevada: John
Lopez, Margot Allen, Julene Haworth, and Mac Bybee are talented
Nevadans who care very much about Clark County and our great state. I
also appreciate the input and assistance of Clint Bentley, the tireless
organizer of the Nevada Land Users Coalition. Clint was an articulate
and reasoned advocate of multiple use principles and ensured that the
Nevada Land Users Coalition spoke with one voice during these
negotiations.
I look forward to quick passage of the Clark County Conservation of
Public Lands and Natural Resources in the 107th Congress.
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