[Congressional Record Volume 151, Number 72 (Thursday, May 26, 2005)]
[Extensions of Remarks]
[Pages E1134-E1135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING FOR THE CONVEYANCE OF CERTAIN PUBLIC LAND IN CLARK COUNTY, 
                     NEVADA, FOR USE AS A HELIPORT

                                 ______
                                 

                               speech of

                           HON. JOHN L. MICA

                               of florida

                    in the house of representatives

                          Monday, May 23, 2005

  Mr. MICA. Mr. Speaker, H.R. 849 would transfer certain land, 
currently within the Sloan Canyon National Conservation Area, to Clark 
County, Nevada. The land is to be used as a heliport for commercial 
helicopter air tours.
  The transfer would only take place if certain conditions on the use 
of the heliport are met by Clark County.
  The first condition is that the County must impose and collect a per 
passenger ``conservation fee'' of $3.00 for each passenger of a 
helicopter tour that passes over any portion of the Conservation Area.
  The second condition requires the County to ensure that any 
helicopter tour originating or concluding at the heliport traveling 
over the Conservation Area fly on a certain flight path and at a 
specified altitude except for safety reasons.
  For purposes of clarity, the conditions set forth in H.R. 849 are on 
the transfer of the land and should the County fail to fulfill the 
conditions; the land would either not be transferred or if already 
transferred would revert back to the United States.
  Let us look at each of the conditions on the transfer of the land to 
Clark County.
  The first condition, that the County impose and collect a per 
passenger fee, is problematic. Elsewhere in law, States or political 
subdivisions of States are prohibited from levying or collecting a 
``tax, fee, or charge . . . exclusively upon any business located a 
commercial service airport [which includes heliports] . . . other than 
a tax, fee, or charge wholly utilized for airport or aeronautical 
purposes.''
  Therefore, it seems that the County would be unable to fulfill the 
first condition of the land transfer as the fee would be imposed upon 
and collected from helicopter tour passengers for the management of 
cultural, wildlife and wilderness resources on public land in Nevada.
  The second condition is also problematic. Again, this condition would 
require the County to ensure that certain flight paths and minimum 
flight altitudes are utilized by the helicopter tours.
  It should be emphasized that this bill does not direct Federal 
Aviation Administration (FAA) action with regard to airspace management 
and control.
  In fact, should the FAA determine that the flight path and minimum 
altitude requirements set forth in the bill are unsafe or otherwise 
operationally unwise, the County would have failed to meet a condition 
of the land transfer and the land would revert back to the United 
States.
  To make this perfectly clear, only the FAA has the authority to 
manage and control the National Airspace. State, regional, county and 
other local government entities, not to mention other Federal 
departments and agencies, have no authority in this regard.
  Thus, the second condition on the transfer of land to Clark County is 
clearly outside of the County's authority and control.

[[Page E1135]]

  Therefore, given that Clark County may very well be unable to fulfill 
either of the conditions of the land transfer; it appears that H.R. 849 
is legislating a nullity.
  I thank my colleagues for the opportunity to be heard on H.R. 849 and 
to clarify the legislative record with regard to this bill and how it 
should be interpreted relating to the FAA and airspace management and 
control.

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