[Congressional Record Volume 151, Number 65 (Tuesday, May 17, 2005)]
[Senate]
[Pages S5328-S5329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 1056. A bill to direct the Secretary of the Interior to convey to 
the City of Henderson, Nevada, certain Federal land located in the 
City, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I rise today for myself and Senator Ensign 
to introduce the Southern Nevada Limited Transition Area Act, which 
will enhance the ability of a rapidly growing community to diversify 
its economy, gainfully employ its residents, and achieve fiscal 
sustainability.
  In addition to creating a vital economic center in Henderson with 
this legislation, we hope at a future date to add another title to this 
bill that will allow Clark County to convey a small parcel of land to 
the Nevada National Guard for no consideration so that a new armory can 
be developed. Conversations are currently taking place at the State and 
county levels that may impact this conveyance, so we are awaiting more 
information.
  The bill I am introducing today would convey approximately 547 acres 
of land from the Bureau of Land Management to the city of Henderson, 
NV, for development as an employment and business center.
  The Bureau of Land Management has designated this parcel for disposal 
because of its urban surroundings and its isolation from other public 
land, which renders it difficult for the agency to manage.
  The parcel is located in a rapidly growing area of the city, but is 
impacted by aircraft noise and overflights from the nearby Henderson 
Executive Airport, making it unsuitable for residential use.
  Rather than shying away from this property because of the limitations 
on its use, the city of Henderson has put together a forward looking 
plan that will turn the area into a bustling business center. In 
addition to productively diversifying the land use pattern in the Las 
Vegas Valley, the proposed development of this land will encourage a 
broad range of employment opportunities for the region, while also 
helping to pay for public infrastructure in nearby residential areas.
  The way that the land privatization would work is as follows. The 
bill would convey the land to the city by patent. The city would then 
subdivide and sell lots at fair market value. As in previous 
conveyances of Federal land designated in the Southern Nevada Public 
Lands Management Act for disposal, 85 percent of the proceeds from 
sales would return to the BLM's Special Account for a variety of 
conservation purposes in Nevada. Five percent of the proceeds would 
fund the State of Nevada's general education program. And the city of 
Henderson could use the remaining 10 percent to cover expenses 
associated with subdividing the property and providing infrastructure.
  Henderson is a rapidly growing city. Its leaders are dedicated to 
making the city a national model of logical development, diversified 
employment, and fiscal sustainability. This bill helps establish the 
conditions needed to realize that vision.
  This bill provides key assistance to southern Nevada by enabling the 
City of Henderson to move forward with an important economic 
development project. This is a simple, but an important effort that 
this body can make to further strengthen our Nation's economy. I look 
forward working with the Energy Committee and the Senate to pass this 
legislation.
  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. 1056

       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 ``Southern Nevada Limited 
     Transition Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) City.--The term ``City'' means the City of Henderson, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

[[Page S5329]]

       (3) Special account.--The term ``Special Account'' means 
     the special account established under section 4(e)(1)(C) of 
     the Southern Nevada Public Land Management Act of 1998 (112 
     Stat. 2345).
       (4) State.--The term ``State'' means the State of Nevada.
       (5) Transition area.--The term ``Transition Area'' means 
     the approximately 547 acres of Federal land located in 
     Henderson, Nevada, and identified as ``Limited Transition 
     Area'' on the map entitled ``Southern Nevada Limited 
     Transition Area Act'' and dated November 16, 2004.

     SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION AREA.

       (a) Conveyance.--Notwithstanding the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.), on 
     request of the City, the Secretary shall, without 
     consideration and subject to all valid existing rights, 
     convey to the City all right, title, and interest of the 
     United States in and to the Transition Area.
       (b) Use of Land for Nonresidential Development.--
       (1) In general.--After the conveyance to the City under 
     subsection (a), the City may sell any portion or portions of 
     the Transition Area for purposes of nonresidential 
     development.
       (2) Method of sale.--The sale of land under paragraph (1) 
     shall be--
       (A) through a competitive bidding process; and
       (B) for not less than fair market value.
       (3) Compliance with charter.--Except as provided in 
     paragraphs (2) and (4), the City may sell parcels within the 
     Transition Area only in accordance with the procedures for 
     conveyances established in the City Charter.
       (4) Disposition of proceeds.--Of the gross proceeds from 
     the sale of land under paragraph (1), the City shall--
       (A) deposit 85 percent in the Special Account;
       (B) retain 10 percent as compensation for the costs 
     incurred by the City--
       (i) in carrying out land sales under paragraph (1); and
       (ii) for the provision of public infrastructure to serve 
     the Transition Area, including planning, engineering, 
     surveying, and subdividing the Transition Area for 
     nonresidential development; and
       (C) pay 5 percent to the State for use in the general 
     education program of the State.
       (c) Use of Land for Recreation or Other Public Purposes.--
     The City may elect to retain parcels in the Transition Area 
     for public recreation or other public purposes consistent 
     with the Act of June 14, 1926 (commonly known as the 
     ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.) by providing to the Secretary written notice of the 
     election.
       (d) Noise Compatibility Requirements.--The City shall--
       (1) plan and manage the Transition Area in accordance with 
     section 47504 of title 49, United States Code (relating to 
     airport noise compatibility planning), and regulations 
     promulgated in accordance with that section; and
       (2) agree that if any land in the Transition Area is sold, 
     leased, or otherwise conveyed by the City, the sale, lease, 
     or conveyance shall contain a limitation to require uses 
     compatible with that airport noise compatibility planning.
       (e) Reversion.--
       (1) In general.--If any parcel of land in the Transition 
     Area is not conveyed for nonresidential development under 
     this Act or reserved for recreation or other public purposes 
     under subsection (c) within 20 years after the date of the 
     enactment of this Act, the parcel of land shall, if 
     determined to be appropriate by the Secretary, revert to the 
     United States.
       (2) Inconsistent use.--If the City uses any parcel of land 
     within the Transition Area in a manner that is inconsistent 
     with the uses specified in this section--
       (A) at the election of the Secretary, the parcel shall 
     revert to the United States; or
       (B) if the Secretary does not make an election under 
     paragraph (1), the City shall sell the parcel of land in 
     accordance with subsection (b)(2).
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