[Congressional Record Volume 151, Number 17 (Wednesday, February 16, 2005)]
[Senate]
[Pages S1540-S1541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 405. A bill to provide for the conveyance of certain public land 
in Clark County, Nevada, for use as a heliport; to the Committee on 
Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today, for myself and Senator Ensign, 
to introduce legislation to establish a public heliport facility in 
Clark County, NY.
  The purpose of this bill is simple: It would convey about a third of 
a square mile of public land managed by the Bureau of Land Management 
to Clark County for dedicated use as a heliport. The land is located 
just south of the Henderson city limits and east of Interstate 15.
  The establishment of this heliport will help eliminate the ongoing 
conflict between air tour operators whose overflights of the Grand 
Canyon represent a classic component of the Las Vegas visitor 
experience and residents in the west-central and southwestern parts of 
the Las Vegas Valley whose every day lives are adversely affected by 
helicopter noise.
  Local officials are committed to establishing a heliport within the 
Las Vegas Valley. The county and local municipalities have previously 
considered a site, currently in use as a go-kart track, near Interstate 
15 near Henderson. The drawback of developing this site is that tours 
originating from this location would fly over the most sensitive parts 
of the Sloan Canyon National Conservation Area, with no restrictions on 
routing or elevation. Sloan Canyon itself--one of the richest 
petroglyph sites in the Mohave Desert--would be subject to regular 
overflights. That outcome would be entirely legal, entirely predictable 
and entirely regrettable.
  In 2002, I worked closely with Senator Ensign, Congresswoman Berkley, 
Congressman Gibbons and local advocates to protect the Sloan Canyon 
area and its unique cultural resources. Through our combined efforts we 
created the Sloan Canyon National Conservation Area and the McCullough 
Mountains Wilderness, I am proud of these efforts and today I offer 
this legislation as a further effort to protect the precious resources 
that we worked to safeguard in 2002.
  The bill I am introducing in the Senate today, and which I offered in 
the 108th Congress, would not prohibit helicopter overflights of the 
Sloan Canyon National Conservation Area. But it does ensure that such 
flights steer clear of the most sensitive and special cultural 
resources and minimize the impact on the majestic bighorn sheep and 
other wildlife that live in the McCullough Mountains.
  My legislation stipulates that any helicopter flight originating from 
and/or landing at this heliport would be required by law to fly within 
a set path--between 3 and 5 miles north of the southernmost boundary of 
the Sloan Canyon National Conservation Area--and at a minimum height--
at least 500 to 1000 feet above ground level while in the NCA. Further, 
it requires that every such flight contribute 3 dollars per passenger 
to a special fund dedicated to the protection of the cultural, 
wilderness, and wildlife resources in Nevada.
  These provisions justify conveying the land to Clark County at no 
cost because they provide a stable, long-term source of funding in 
excess of the market value of the land and because the conveyance and 
use are in the public interest.
  It was my pleasure to introduce this bill during the last Congress. 
My fellow Senators, particularly the Chairman and Ranking member of the 
Senate Energy and Natural Resources Committee, were generous in their 
support of this measure, allowing us to hold a prompt hearing. I am 
hopeful that my distinguished colleagues will work with me to complete 
work on this important legislation during the current session.
  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. 405

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

     SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.

       (a) Findings.--Congress finds that--
       (1) the Las Vegas Valley in the State of Nevada is the 
     fastest growing community in the United States;
       (2) helicopter tour operations are conflicting with the 
     needs of long-established residential communities in the 
     Valley; and
       (3) the designation of a public heliport in the Valley that 
     would reduce conflicts between helicopter tour operators and 
     residential communities is in the public interest.
       (b) Purpose.--The purpose of this Act is to provide a 
     suitable location for the establishment of a commercial 
     service heliport facility to serve the Las Vegas Valley in 
     the State of Nevada while minimizing and mitigating the 
     impact of air tours on the Sloan Canyon National Conservation 
     Area and North McCullough Mountains Wilderness.
       (c) Definitions.--In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Sloan Canyon National Conservation Area established 
     by section 604(a) of the Clark County Conservation of Public 
     Land and Natural Resources Act of 2002 (116 Stat. 2010).
       (2) County.--The term ``County'' means Clark County, 
     Nevada.
       (3) Helicopter tour.--
       (A) In general.--The term ``helicopter tour'' means a 
     commercial helicopter tour operated for profit.
       (B) Exclusion.--The term ``helicopter tour'' does not 
     include a helicopter tour that is carried out to assist a 
     Federal, State, or local agency.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Wilderness.--The term ``Wilderness'' means the North 
     McCullough Mountains Wilderness established by section 
     202(a)(13) of the Clark County Conservation of Public Land 
     and Natural Resources Act of 2002 (116 Stat. 2000).
       (d) Conveyance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall convey to the 
     County, subject to valid existing rights, for no 
     consideration, all right, title, and interest of the United 
     States in and to the parcel of land described in subsection 
     (e).
       (e) Description of Land.--The parcel of land to be conveyed 
     under subsection (d) is the parcel of approximately 229 acres 
     of land depicted as tract A on the map entitled ``Clark 
     County Public Heliport Facility'' and dated May 3, 2004.
       (f) Use of Land.--
       (1) In general.--The parcel of land conveyed under 
     subsection (d)--
       (A) shall be used by the County for the operation of a 
     heliport facility under the conditions stated in paragraphs 
     (2) and (3); and
       (B) shall not be disposed of by the County.
       (2) Imposition of fees.--
       (A) In general.--Any operator of a helicopter tour 
     originating from or concluding at the parcel of land 
     described in subsection (e) shall pay to the Clark County 
     Department of Aviation a $3 conservation fee for each 
     passenger on the helicopter tour if any portion of the 
     helicopter tour occurs over the Conservation Area.
       (B) Disposition of funds.--Any amounts collected under 
     subparagraph (A) shall be deposited in a special account in 
     the Treasury of the United States, which shall be available 
     to the Secretary, without further appropriation, for the 
     management of cultural,

[[Page S1541]]

     wildlife, and wilderness resources on public land in the 
     State of Nevada.
       (3) Flight path.--Except for safety reasons, any helicopter 
     tour originating or concluding at the parcel of land 
     described in subsection (e) that flies over the Conservation 
     Area shall not fly--
       (A) over any area in the Conservation Area except the area 
     that is between 3 and 5 miles north of the latitude of the 
     southernmost boundary of the Conservation Area;
       (B) lower than 1,000 feet over the eastern segments of the 
     boundary of the Conservation Area; or
       (C) lower than 500 feet over the western segments of the 
     boundary of the Conservation Area.
       (4) Reversion.--If the County ceases to use any of the land 
     described in subsection (d) for the purpose described in 
     paragraph (1)(A) and under the conditions stated in 
     paragraphs (2) and (3)--
       (A) title to the parcel shall revert to the United States, 
     at the option of the United States; and
       (B) the County shall be responsible for any reclamation 
     necessary to revert the parcel to the United States.
       (g) Administrative Costs.--The Secretary shall require, as 
     a condition of the conveyance under subsection (d), that the 
     County pay the administrative costs of the conveyance, 
     including survey costs and any other costs associated with 
     the transfer of title.
                                 ______