[Congressional Record Volume 155, Number 65 (Thursday, April 30, 2009)]
[Senate]
[Pages S4966-S4967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 940. A bill to direct the Secretary of the Interior to convey to 
the Nevada System of Higher Education certain Federal land located in 
Clark and Nye counties, Nevada, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today with my good friend Senator 
Ensign to introduce the Southern Nevada Higher Education Land Act of 
2009. This bill will expand opportunities for higher education in one 
of the nation's fastest growing areas, southern Nevada.
  In July 1862, President Abraham Lincoln signed the Land Grant College 
Act into law, creating a higher education legacy that continues to 
benefit our country today. That bill, now referred to as the Morrill 
Act, provided 30,000 acres of Federal land per Member of Congress to 
establish institutions of higher education in each State. Today, thanks 
in large part to the foresight of Senator Justin Smith Morrill from 
Vermont and others from his time, this Nation has one of the finest 
public university systems in the world.
  Among the many universities established as a result of this forward-
looking legislation was the University of Nevada. The State's first 
university was originally founded in Elko in 1874. Two years later, 
Nevada's state legislature voted to move the university to its current 
home in Reno. The University of Nevada remained the State's only higher 
education institution for 75 years.
  From these humble beginnings, the State of Nevada has expanded its 
higher education system to now include two research universities, one 
State college, one research institution, and four community colleges. 
The Nevada System of Higher Education, which was formed in 1968 and 
encompasses all eight institutions, has grown to serve roughly 98,000 
degree-seeking students.
  As the State of Nevada continues to grow, so too must its university 
system. With over 2 million residents in 2007, greater Las Vegas is the 
fourth-largest metropolitan area in the Mountain West. In this decade 
alone, the area's population has grown by 31 percent, five times faster 
than the Nation as a whole. We must expand higher education 
opportunities to meet the demands of this growing region.
  Consider the following--bthe University of Nevada, Las Vegas, with 
28,000 students and 3,300 faculty and staff, is the fourth fastest-
growing research university in the Nation. The College of Southern 
Nevada, also in Las Vegas, serves 41,000 students and its three urban 
campuses are at near capacity. The town of Pahrump, 60 miles from Las 
Vegas in rural Nye County, has grown by 20 percent since 2000. Great 
Basin College's small branch campus in Pahrump uses high school 
classrooms at night to serve the city's 41,000 residents.
  Our legislation will make selected parcels of Federal lands available 
for the future growth of the university system. Land will be provided 
for new campuses for the University of Nevada, Las Vegas; the College 
of Southern Nevada; and a Pahrump campus of Great Basin College. The 
current campuses for these three institutions comprise 1,150 acres in 
southern Nevada. With the passage of this legislation, an additional 
2,400 acres will be available for new classroom, research, and 
residential facilities to help further the missions of these three fine 
institutions.
  To establish these new campuses, three parcels of land would be 
conveyed from the Bureau of Land Management, BLM, to the Nevada System 
of Higher Education. Two of the parcels are located in Clark County, 
within the Southern Nevada Public Land Management Act, SNPLMA, disposal 
boundary. The third parcel is located in Pahrump, west of Las Vegas, in 
Nye County. BLM has designated all of these parcels for disposal 
because they are surrounded by development and are difficult to manage.
  It is important to point out that the land our legislation conveys 
for the University of Nevada, Las Vegas borders Nellis Air Force Base. 
Nellis was once on the outskirts of town, but now development is on its 
doorstep. In order to protect the mission of the Nellis Air Force base, 
we have put a special provision in the legislation requiring that the 
university system and Air Force sign a binding agreement regarding 
development plans for the campus. The university system and the Air 
Force worked together on this issue for the last 3 years and have found 
a middle ground that will serve the interests of both parties. We 
greatly appreciate the efforts of the university system and the Air 
Force to make this work.
  This same land bordering Nellis was once used as a small arms range 
during World War II and will need to be cleaned up before it can be 
conveyed to the university system. Because it will take time to 
accomplish this, our legislation allows the land to be conveyed in 
phases, as the remediation is completed.
  This proposal to expand higher education opportunities in southern 
Nevada has been welcomed by area leaders. City and county officials 
have worked closely with the Nevada System of Higher Education to plan 
the development of world-class facilities in their communities. These 
facilities are critical to meeting the challenge of diversifying their 
economies and attracting and growing knowledge industries in the area.
  I also want to note that a long-time champion of this legislation, 
and especially the Pahrump campus, passed away recently. Bob Swadell 
lived a life of service. He saw action in Korea where he earned a 
Bronze Star and later worked for the Central Intelligence Agency. More 
recently, Mr. Swadell devoted a great deal of his time to looking out 
for the future of

[[Page S4967]]

Pahrump. I regret that he will not be with us to see this legislation 
move forward, but we will certainly keep his vision and spirit with us 
as we work on this important bill.
  Just as the Morrill Act opened up Federal land to expand higher 
education across the Nation, I am hopeful that this important, though 
much more modest effort can do the same for the residents of southern 
Nevada. We look forward to working with Chairman Bingaman, Ranking 
Member Murkowski and the other distinguished Members of the Energy and 
Natural Resources Committee to move this legislation in an expeditious 
manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 940

       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 Higher 
     Education Land Act of 2009''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) southern Nevada is one of the fastest growing regions 
     in the United States, with 750,000 new residents added since 
     2000 and 250,000 residents expected to be added by 2010;
       (2) the Nevada System of Higher Education serves more than 
     71,000 undergraduate and graduate students in southern 
     Nevada, with enrollment in the System expected to grow by 21 
     percent during the next 10 years, which would bring 
     enrollment to a total of 85,000 students in the System;
       (3) the Nevada System of Higher Education campuses in 
     southern Nevada comprise 1,200 acres, one of the smallest 
     land bases of any major higher education system in the 
     western United States;
       (4) the University of Nevada, Las Vegas, with 27,903 
     students and 3,000 faculty and staff, is the fourth fastest-
     growing research university in the United States;
       (5) the College of Southern Nevada--
       (A) serves more than 41,000 students each semester; and
       (B) is near capacity at each of the 3 urban campuses of the 
     College;
       (6) Pahrump, located in rural Nye County, Nevada--
       (A) has grown by 20 percent since 2000; and
       (B) has a small satellite campus of Great Basin College to 
     serve the 40,500 residents of Pahrump, Nevada; and
       (7) the Nevada System of Higher Education needs additional 
     land to provide for the future growth of the System, 
     particularly for the University of Nevada, Las Vegas, the 
     College of Southern Nevada, and the Pahrump campus of Great 
     Basin College.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide additional land for a thriving higher 
     education system that serves the residents of fast-growing 
     southern Nevada;
       (2) to provide residents of the State with greater 
     opportunities to pursue higher education and the resulting 
     benefits, which include increased earnings, more employment 
     opportunities, and better health; and
       (3) to provide communities in southern Nevada the economic 
     and societal values of higher education, including economic 
     growth, lower crime rates, greater civic participation, and 
     less reliance on social services.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board of regents.--The term ``Board of Regents'' means 
     the Board of Regents of the Nevada System of Higher 
     Education.
       (2) Campuses.--The term ``Campuses'' means the Great Basin 
     College, College of Southern Nevada, and University of Las 
     Vegas, Nevada, campuses.
       (3) Federal land.--The term ``Federal land'' means each of 
     the 3 parcels of Bureau of Land Management land identified on 
     the maps as ``Parcel to be Conveyed'', of which--
       (A) approximately 40 acres is to be conveyed for the 
     College of Southern Nevada;
       (B) approximately 2,085 acres is to be conveyed for the 
     University of Nevada, Las Vegas; and
       (C) approximately 285 acres is to be conveyed for the Great 
     Basin College.
       (4) Map.--The term ``Map'' means each of the 3 maps 
     entitled ``Southern Nevada Higher Education Land Act'', dated 
     July 11, 2008, and on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Nevada.
       (7) System.--The term ``System'' means the Nevada System of 
     Higher Education.

     SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

       (a) Conveyances.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712) 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)) and subject to all valid existing rights, the 
     Secretary shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, convey to the System, without consideration, all 
     right, title, and interest of the United States in and to the 
     Federal land for the Great Basin College and the College of 
     Southern Nevada; and
       (B) not later than 180 days after the receipt of 
     certification of acceptable remediation of environmental 
     conditions existing on the parcel to be conveyed for the 
     University of Nevada, Las Vegas, convey to the System, 
     without consideration, all right, title, and interest of the 
     United States in and to the Federal land for the University 
     of Nevada, Las Vegas.
       (2) Phases.--The Secretary may phase the conveyance of the 
     Federal land under paragraph (1)(B) as remediation is 
     completed.
       (b) Conditions.--
       (1) In general.--As a condition of the conveyance under 
     subsection (a)(1), the Board of Regents shall agree in 
     writing--
       (A) to pay any administrative costs associated with the 
     conveyance, including the costs of any environmental, 
     wildlife, cultural, or historical resources studies;
       (B) to use the Federal land conveyed for educational and 
     recreational purposes;
       (C) to release and indemnify the United States from any 
     claims or liabilities that may arise from uses carried out on 
     the Federal land on or before the date of enactment of this 
     Act by the United States or any person;
       (D) as soon as practicable after the date of the conveyance 
     under subsection (a)(1), to erect at each of the Campuses 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 the 
     citizens in the State; and
       (E) to assist the Bureau of Land Management in providing 
     information to the students of the System and the citizens of 
     the State on--
       (i) public land (including the management of public land) 
     in the Nation; and
       (ii) the role of the Bureau of Land Management in managing, 
     preserving, and protecting the public land in the State.
       (2) Agreement with nellis air force base.--
       (A) In general.--As a precondition of the conveyance of the 
     Federal land for the University of Nevada, Las Vegas under 
     subsection (a)(1)(B), the Board of Regents shall enter into a 
     binding interlocal agreement with Nellis Air Force Base to 
     preserve the long-term capability of Nellis Air Force Base.
       (B) Requirements.--The interlocal agreement entered into 
     under subparagraph (A) and any related master plan shall 
     require the mutual assent of the parties to the agreement.
       (C) Limitation.--In no case shall the use of the Federal 
     land conveyed under subsection (a)(1)(B) compromise the 
     national security mission or avigation rights of Nellis Air 
     Force Base.
       (c) Use of Federal Land.--
       (1) In general.--The System may use the Federal land 
     conveyed under subsection (a)(1) for--
       (A) any purpose relating to the establishment, operation, 
     growth, and maintenance of the System; and
       (B) any uses relating to the purposes, including 
     residential and commercial development that would generally 
     be associated with an institution of higher education.
       (2) Other entities.--The System may--
       (A) consistent with Federal and State law, lease, or 
     otherwise provide property or space at, the Campuses, with or 
     without consideration, to religious, public interest, 
     community, or other groups for services and events that are 
     of interest to the System or to any community located in 
     southern Nevada;
       (B) allow any other communities in southern Nevada to use 
     facilities of the Campuses for educational and recreational 
     programs of the community; and
       (C) in conjunction with the city of Las Vegas, North Las 
     Vegas, or Pahrump or Clark or Nye County plan, finance 
     (including through the provision of cost-share assistance), 
     construct, and operate facilities for the city of Las Vegas, 
     North Las Vegas, or Pahrump or Clark or Nye County on the 
     Federal land conveyed for educational or recreational 
     purposes consistent with this section.
       (d) Reversion.--
       (1) In general.--If the Federal land or any portion of the 
     Federal land conveyed under subsection (a)(1) ceases to be 
     used for the System, the Federal land, or any portion of the 
     Federal land shall, at the discretion of the Secretary, 
     revert to the United States.
       (2) University of nevada, las vegas.--If the System fails 
     to complete the first building or show progression toward 
     development of the University of Nevada, Las Vegas campus on 
     the applicable parcels of Federal land by the date that is 50 
     years after the date of receipt of certification of 
     acceptable remediation of environmental conditions, the 
     parcels of the Federal land described in section 3(3)(B) 
     shall, at the discretion of the Secretary, revert to the 
     United States.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______