[Congressional Record Volume 158, Number 98 (Wednesday, June 27, 2012)]
[Senate]
[Pages S4675-S4683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REED (for himself, Mr. Durbin, Mr. Johnson of South
Dakota, Mr. Whitehouse, and Mr. Blumenthal):
S. 3344. A bill to increase immunization rates; to the Committee on
Finance.
Mr. REED. Mr. President, I am pleased to be joined by Senators
Durbin, Tim Johnson, Whitehouse, and Blumenthal in the introduction of
the Immunization Improvements Act. This legislation builds on my
longstanding work, including several provisions I authored in the
Affordable Care Act, to improve vaccination rates and population-based
immunity.
Our introduction of this legislation is particularly timely given a
recent report cited in yesterday's Wall Street Journal revealing the
number of deaths globally as a result of the H1N1 flu pandemic in 2009
and 2010. The analysis found that the number of deaths from H1N1 to be
15 times the original reports, up from 18,500 to 280,000 cases. In the
United States, the estimates are more than triple the original cases,
from 8,500 to nearly 30,000.
Two provisions of the legislation we are introducing today are based
on efforts underway in Rhode Island to improve vaccination rates
against seasonal influenza and pneumonia. Specifically, it would
authorize a five-state demonstration project that allows the state to
purchase certain vaccines and distribute them free of charge to
physicians for administration in seniors, who are at the highest risk
of death from these preventable diseases. In addition to increasing
vaccination rates, this model has limited the cost and administrative
burden for providers and reduced the cost of vaccines to the Federal
government.
The legislation would also require hospitals and long-term care
facilities to report on influenza vaccination rates of health care
workers with direct patient contact, the population most likely to
spread the flu to ill patients that may be too weak to fight it. In
Rhode Island, simply requiring health care facilities to report on
health care worker influenza vaccinations has resulted in improved
rates.
The Immunization Improvements Act would also update the allowable
vaccine administration fees to providers
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who vaccinate uninsured and underinsured children, as well as include a
recommendation made by both the Medicare Payment Advisory Commission
and the Government Accountability Office to shift vaccine coverage in
Medicare from Part D to Part B.
While there are many diseases and conditions that we have yet to
prevent, there are those for which we already have vaccines. We must do
more to ensure that these vaccines are available and accessed to
protect the health of Americans.
This legislation has been endorsed by Every Child By Two, the
Immunization Action Coalition, Partnership for Prevention, the
Association of State and Territorial Health Officials, the National
Association of County and City Health Officials, and Trust for
America's Health. I look forward to working with my colleagues to see
these provisions enacted.
______
By Mrs. BOXER (for herself and Mr. Kerry):
S. 3345. A bill to provide for research and education to improve
screening, detection and diagnosis of prostate cancer; to the Committee
on Health, Education, Labor, and Pensions.
Mrs. BOXER. Mr. President, today I rise to introduce the Prostate
Cancer Detection Research and Education Act. This important legislation
addresses the urgent need for the development of new technologies to
detect and diagnose prostate cancer, and for the education of our
fathers, brothers, and sons about the dangers of this deadly disease.
Prostate cancer is the second most common cancer in men, and is the
second leading cause of cancer related deaths in men, with 240,000 new
cases and 28,000 prostate cancer related deaths predicted in 2012.
Unfortunately, current screening techniques for prostate cancer
result in some false-negative reassurances and false-positive alarms.
In addition, the prostate is one of the last organs in a human body
where biopsies are performed blindly, which can miss cancer even when
multiple samples are taken.
Prostate Cancer Detection Research and Education Act brings together
a Advisory Council of experts to evaluate the current science and
outline a path forward to the ultimate goal--developing a reliable test
or tests that can detect prostate cancer and diagnose how severe the
cancer is.
The Prostate Cancer Detection Research and Education Act will mirror
the investment the Federal government made in advanced imaging
technologies, which led to life-saving breakthroughs in detection,
diagnosis and treatment of breast cancer. This bill directs the
Secretary of the Department of Health and Human Services, HHS, to use
the plan developed by the Advisory Council to coordinate and intensify
federal research to develop and validate an accurate test for prostate
cancer.
The Prostate Cancer Detection Research and Education Act would also
create a national campaign conducted through HHS to increase awareness
about the need for prostate cancer screening, and the development of
better screening techniques. Since African American men are 56 percent
more likely to develop prostate cancer compared with Caucasian men and
nearly 2.5 times as likely to die from the disease, this campaign will
work with the Offices of Minority Health at HHS and the Centers for
Disease Control and Prevention to ensure that this effort will reach
the men most at risk from this disease.
Government investment in coordinating research and education could be
key to diagnosing prostate cancer earlier and more accurately. We need
to strengthen our efforts to bring the tools doctors use to fight this
disease into the 21st century. I urge my colleagues to join me in
supporting this effort, and cosponsoring this legislation.
______
By Mr. REID (for himself and Mr. Heller):
S. 3346. A bill to provide for certain land conveyances in the State
of Nevada, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. REID. Mr. President, today I rise with my colleague Senator
Heller to introduce the Las Vegas Valley Public Lands and Tule Springs
Fossil Beds National Monument Act of 2012. This legislation will
designate the Tule Springs Fossil Beds National Monument in southern
Nevada, expand the Red Rock Canyon National Conservation Area, set
aside lands for the expansion of Nevada institutions of higher
education, and make thousands of acres available for private
development and job creation in the Las Vegas valley.
I am proud to lead the introduction of this important bill, which has
been years in the making. The hallmark component of this legislation is
the establishment of the Tule Springs Fossil Bed National Monument. The
proposed monument is supported by the cities of Las Vegas and North Las
Vegas, Clark County, the Governor of Nevada, the State of Nevada's
Division of State Parks, the National Parks Conservation Association,
Protectors of Tule Springs, and thousands of Nevadans.
By designating the Tule Springs area a national monument managed by
the National Park Service, we will conserve, protect and enhance this
unique and nationally important resource. Nevadans, tourists,
scientists, and school children will visit the monument to enjoy its
scientific, educational, scenic and recreational values for decades to
come.
The proposed monument is located in the northern part of the Las
Vegas Valley, bounded by the Desert National Wildlife Refuge, the Red
Rock National Conservation Area, and the Spring Mountain National
Recreation Area. The Tule Springs area is recognized as having the
largest assemblage of Ice Age fossils in the Southwest.
Over 400 paleontological sites have been discovered, providing a
record of human activity dating back 11,000 years ago. Scientists have
uncovered fossils of the giant Columbian mammoth, ground sloths the
size of small cars, the American lion, and camelops. These great
prehistoric mammals called North Las Vegas home for thousands of years.
Efforts to protect the paleontological treasures contained within the
Las Vegas Wash began early last century. In 1933, the first fossil
expedition in Tule Springs unearthed prehistoric bones that became
known as ``Tule the Baby Mammoth.'' In 1962, scientists conducted the
famous ``big dig,'' employing radiocarbon dating for the first time in
the United States, which in turn dated Ice Age fossils from 23,800 to
28,000 years old. Despite this significant concentration of important
fossil resources in the proposed monument, only a fraction of the area
has been studied. Many more prehistoric treasures will be found in the
decades to come.
The proposed Tule Springs Fossil Beds National Monument is the
product of many years of work. Recognizing the threats to the area from
off-road vehicles, vandalism, and dumping, a coalition of
environmentalists, tribes, academics, and retired Park Service
employees formed in the mid-2000s to seek federal protection for Tule
Springs.
The Protectors of Tule Springs collected over 10,000 signatures, and
local and national conservation groups launched a campaign to garner
public support for adding the site to the National Parks System. In
2010, a Park Service reconnaissance report commissioned at the request
of members of the Nevada congressional delegation found the site
suitable for inclusion in the Park System.
The monument will also benefit the local economy. Proponents of the
monument estimate that it will generate tens of millions of dollars for
the regional economy within the early years of operation, bringing
tourists and researchers from around the world to visit this one-of-a-
kind place to explore fascinating natural history.
The stakeholder agreement to establish the proposed monument includes
making a modest amount of public lands available for private
development in the Las Vegas Valley, and the designation of two 640
acre job creation zones for the cities of Las Vegas and North Las Vegas
for master planned commercial development.
Furthermore, the legislation makes land available for the future
expansion of campuses within the Nevada System of Higher Education,
while increasing the size of the Red Rock National Conservation Area.
It conveys land to Clark County for flood control for the
[[Page S4677]]
future Ivanpah Valley Airport, it expands the Metro Police Training
Facility by 80 acres to enhance public safety and the facility's
security, and allows the U.S. Forest Service to remedy mistaken
trespass situations in the Spring Mountains area. Finally, it conveys
1,200 acres to Clark County to establish an off-highway vehicle
recreation park, and designates public lands surrounding the park as an
off-highway vehicle recreation area to help keep riders off of
sensitive lands and habitat.
The Las Vegas Valley Lands and Fossil Beds National Monument Act is
an ambitious piece of legislation, built on years of stakeholder input.
It provides for balanced development and job creation within the Las
Vegas Valley, while protecting vital natural and scientific resources
that should be made more accessible for the public's enjoyment and
education.
By making long-term and forward-looking improvements to public land
management and stewardship in the Las Vegas Valley, I believe we have
crafted a bill that will serve the best interests of Nevadans.
I look forward to working with my colleagues to move this important
legislation through the legislative process.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3346
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 ``Las Vegas
Valley Public Land and Tule Springs Fossil Beds National
Monument Act of 2012''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Tule Springs Fossil Beds National Monument.
Sec. 3. Transfer of land to Red Rock Canyon National Conservation Area.
Sec. 4. Conveyance of Bureau of Land Management land to North Las
Vegas.
Sec. 5. Conveyance of Bureau of Land Management land to Las Vegas.
Sec. 6. Expansion of conveyance to Las Vegas Metropolitan Police
Department.
Sec. 7. Spring Mountains National Recreation Area withdrawal.
Sec. 8. Southern Nevada Public Land Management Act of 1998 amendments.
Sec. 9. Conveyance of land to the Nevada System of Higher Education.
Sec. 10. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 11. Sunrise Mountain Instant Study Area release.
Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation Area.
SEC. 2. TULE SPRINGS FOSSIL BEDS NATIONAL MONUMENT.
(a) Findings.--Congress finds that--
(1) since 1933, the Upper Las Vegas Wash has been valued by
scientists because of the significant paleontological fossils
demonstrative of the Pleistocene Ice Age that are located in
the area;
(2) in 2004, during the preparation of the Las Vegas Valley
Disposal Boundary Final Environmental Impact Statement, the
Bureau of Land Management identified sensitive biological,
cultural, and paleontological resources determined to be
worthy of more evaluation with respect to the protective
status of the resources;
(3) the Upper Las Vegas Wash contains thousands of
Pleistocene mammal fossils of national importance, including
Columbian mammoth, ground sloth, American lion, camels, and
horse fossils;
(4) in addition to Joshua trees and several species of
cacti, the Las Vegas buckwheat, Merriam's bearpoppy, Las
Vegas bearpoppy, and the halfring milkvetch are 4 unique and
imperiled plants that are supported in the harsh desert
environment of Tule Springs;
(5) the area provides important habitat for threatened
desert tortoise, endemic poppy bees, kit foxes, burrowing
owls, phainopepla, and a variety of reptiles;
(6) in 2010, a National Park Service reconnaissance survey
of the area determined that the area likely contains the
longest continuous section of Pleistocene strata in the
desert southwest, which span multiple important global
climate cooling and warming episodes;
(7) the Upper Las Vegas Wash is significant to the culture
and history of the native and indigenous people of the area,
including the Southern Paiute Tribe;
(8) despite the findings of the studies and recommendations
for further assessment of the resources for appropriate
methods of protection--
(A) the area remains inadequately protected; and
(B) many irreplaceable fossil specimens in the area have
been lost to vandalism or theft; and
(9) designation of the Upper Las Vegas Wash site as a
National Monument would protect the unique fossil resources
of the area for present and future generations while allowing
for public education and continued scientific research
opportunities.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Tule Springs
Fossil Beds National Monument Advisory Council established by
subsection (f)(1).
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Local government.--The term ``local government'' means
the City of Las Vegas, City of North Las Vegas, or the
County.
(4) Management plan.--The term ``management plan'' means
the management plan for the Monument developed under
subsection (d)(3).
(5) Map.--The term ``Map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated June 26, 2012.
(6) Monument.--The term ``Monument'' means the Tule Springs
Fossil Beds National Monument established by subsection
(c)(1).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(8) Qualified electric utility.--The term ``qualified
electric utility'' means any public or private utility
determined by the Secretary to be technically and financially
capable of developing the transmission line.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means the State of Nevada.
(c) Establishment.--
(1) In general.--In order to conserve, protect, interpret,
and enhance for the benefit of present and future generations
the unique and nationally important paleontological,
scientific, educational, and recreational resources and
values of the land described in this subsection, there is
established in the State the Tule Springs Fossil Beds
National Monument.
(2) Boundaries.--The Monument shall consist of
approximately 22,650 acres of public land in the County
within the boundaries generally depicted on the Map.
(3) Map; legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare an
official map and legal description of the boundaries of the
Monument.
(B) Legal effect.--The map and legal description prepared
under subparagraph (A) shall have the same force and effect
as if included in this section, except that the Secretary may
correct any clerical or typographical errors in the legal
description or the map.
(C) Availability of map and legal description.--The map and
legal description prepared under subparagraph (A) shall be on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management and the National
Park Service.
(4) Minor boundary adjustments.--The Secretary may make
minor boundary adjustments to the Monument to include
additional public land adjacent to the Monument, if, after
the date of enactment of this Act--
(A) additional paleontological resources are discovered on
the adjacent public land; and
(B) a Federal agency, State agency, and local government
requests that the adjacent public land be included in the
Monument to promote the consistent management of resources.
(5) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire land or interests in land within or adjacent to
the boundaries of the Monument by donation, purchase with
donated or appropriated funds, exchange, or transfer from
another Federal agency.
(B) Limitation.--Land or interests in land that are owned
by the State or a political subdivision of the State may be
acquired under subparagraph (A) only by donation or exchange.
(6) Withdrawals.--Subject to valid existing rights and
subsection (e), any land within the Monument or any land or
interest in land that is acquired by the United States for
inclusion in the Monument after the date of enactment of this
Act is withdrawn from--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(7) Effect on overflights.--Nothing in this Act or the
management plan developed for the Monument restricts or
precludes--
(A) overflights (including low-level military and law
enforcement overflights) over land in the Monument, including
military, law enforcement, commercial, and general aviation
overflights that can be seen or heard in the Monument; or
(B) the designation or creation of new units of special use
airspace or the establishment of military flight training
routes over the Monument.
(d) Administration.--
(1) Transfer of administrative jurisdiction.--
Administrative jurisdiction over the approximately 22,650
acres of public land depicted on the Map as ``Tule Springs
Fossil Bed National Monument'' is transferred from
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the Director of the Bureau of Land Management to the Director
of the National Park Service.
(2) Management.--The Secretary shall--
(A) allow only such uses of the Monument that--
(i) are consistent with this section; and
(ii) the Secretary determines would further the purposes of
the Monument; and
(B) manage the Monument--
(i) in a manner that conserves, protects, interprets, and
enhances the resources and values of the Monument; and
(ii) in accordance with--
(I) this section;
(II) the provisions of laws generally applicable to units
of the National Park System (including the National Park
Service Organic Act (16 U.S.C. l et seq.)); and
(III) any other applicable laws.
(3) Buffer zones.--The establishment of the Monument shall
not--
(A) lead to the creation of express or implied protective
perimeters or buffer zones around or over the Monument;
(B) preclude disposal of public land adjacent to the
boundaries of the Monument, if the disposal is consistent
with other applicable law;
(C) preclude an activity on, or use of, private land
adjacent to the boundaries of the Monument, if the activity
or use is consistent with other applicable law; or
(D) directly or indirectly subject an activity on, or use
of, private land, to additional regulation, if the activity
or use is consistent with other applicable law.
(4) Air and water quality.--Nothing in this Act alters the
standards governing air or water quality outside the boundary
of the Monument.
(5) Management plan.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
management plan that provides for the long-term protection
and management of the Monument.
(B) Components.--The management plan--
(i) shall, consistent with this section and the purposes of
the Monument--
(I) describe the resources at the Monument that are to be
protected;
(II) describe the appropriate uses and management of the
Monument;
(III) allow for continued scientific research at the
Monument; and
(IV) include a travel management plan that may include
existing public transit; and
(ii) may--
(I) incorporate any appropriate decisions contained in an
existing management or activity plan for the land designated
as the Monument under subsection (c)(1); and
(II) use information developed in any study of land within,
or adjacent to, the boundary of the Monument that was
conducted before the date of enactment of this Act.
(C) Public process.--In preparing the management plan, the
Secretary shall--
(i) consult with, and take into account the comments and
recommendations of, the Council;
(ii) provide an opportunity for public involvement in the
preparation and review of the management plan, including
holding public meetings; and
(iii) consider public comments received as part of the
public review and comment process of the management plan.
(6) Interpretation, education, and scientific research.--
(A) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on,
the paleontological resources of the Monument, with priority
given to exhibiting and curating the resources.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State, political subdivisions
of the State, nonprofit organizations, and appropriate public
and private entities to carry out subparagraph (A).
(e) Renewable Energy Transmission Facilities.--
(1) In general.--On receipt of a complete application from
a qualified electric utility, the Secretary, in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), shall issue to the qualified electric utility
a 400-foot right-of-way for the construction and maintenance
of high-voltage transmission facilities depicted on the Map
as ``Renewable Energy Transmission Corridor''.
(2) Requirements.--
(A) In general.--The high-voltage transmission facilities
shall--
(i) be used--
(I) primarily, to the maximum extent practicable, for
renewable energy resources; and
(II) to meet reliability standards set by the North
American Reliability Electric Corporation, the Western
Electricity Coordinating Council, or the public utilities
regulator of the State; and
(ii) employ best management practices identified as part of
the compliance of the Secretary with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
limit impacts on the Monument, including impacts to the
viewshed.
(B) Capacity.--The Secretary shall consult with the
qualified electric utility that is issued the right-of-way
under paragraph (1) and the public utilities regulator of the
State to seek to maximize the capacity of the high-voltage
transmission facilities.
(3) Terms and conditions.--The issuance of a notice to
proceed on the construction of the high-voltage transmission
facilities within the right-of-way under paragraph (1) shall
be subject to terms and conditions that the Secretary (in
consultation with the qualified electric utility), as part of
the compliance of the Secretary with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
determines appropriate to protect and conserve the resources
for which the Monument is managed.
(4) Expiration of right-of-way.--The right-of-way issued
under paragraph (1) shall expire on the date that is 15 years
after the date of enactment of this Act if construction of
the high-voltage transmission facilities described in
paragraph (1) has not been initiated by that date, unless the
Secretary determines that it is in the public interest to
continue the right-of-way.
(f) Tule Springs Fossil Beds National Monument Advisory
Council.--
(1) Establishment.--To provide guidance for the management
of the Monument, there is established the Tule Springs Fossil
Beds National Monument Advisory Council.
(2) Membership.--
(A) Composition.--The Council shall consist of 13 members,
to be appointed by the Secretary, of whom--
(i) 1 member shall be a member of, or be nominated by, the
County Commission;
(ii) 1 member shall be a member of, or be nominated by, the
city council of Las Vegas, Nevada;
(iii) 1 member shall be a member of, or be nominated by,
the city council of North Las Vegas, Nevada;
(iv) 1 member shall be a member of, or be nominated by, the
tribal council of the Las Vegas Paiute Tribe;
(v) 1 member shall be a representative of the conservation
community in southern Nevada;
(vi) 1 member shall be a representative of, or be nominated
by, the Director of the Bureau of Land Management;
(vii) 1 member shall be a representative of, or be
nominated by, the Director of the United States Fish and
Wildlife Service;
(viii) 1 member shall be a representative of, or be
nominated by, the Director of the National Park Service;
(ix) 1 member shall be a representative of Nellis Air Force
Base;
(x) 1 member shall be nominated by the State;
(xi) 1 member shall reside in the County and have a
background that reflects the purposes for which the Monument
was established; and
(xii) 2 members shall reside in the County, both of whom
shall have experience in the field of paleontology, obtained
through higher education, experience, or both.
(B) Initial appointment.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall appoint
the initial members of the Council in accordance with
subparagraph (A).
(3) Duties of the council.--The Council shall advise the
Secretary with respect to--
(A) the preparation and implementation of the management
plan; and
(B) other issues related to the management of the Monument
(including budgetary matters).
(4) Compensation.--Members of the Council shall receive no
compensation for serving on the Council.
(5) Chairperson.--
(A) In general.--Subject to subparagraph (B), the Council
shall elect a Chairperson from among the members of the
Council.
(B) Limitation.--The Chairperson shall not be a member of a
Federal or State agency.
(C) Term.--The term of the Chairperson shall be 3 years.
(6) Term of members.--
(A) In general.--The term of a member of the Council shall
be 3 years.
(B) Successors.--Notwithstanding the expiration of a 3-year
term of a member of the Council, a member may continue to
serve on the Council until--
(i) the member is reappointed by the Secretary; or
(ii) a successor is appointed.
(7) Vacancies.--
(A) In general.--A vacancy on the Council shall be filled
in the same manner in which the original appointment was
made.
(B) Appointment for remainder of term.--A member appointed
to fill a vacancy on the Council--
(i) shall serve for the remainder of the term for which the
predecessor was appointed; and
(ii) may be nominated for a subsequent term.
(8) Termination.--Unless an extension is jointly
recommended by the Director of the National Park Service and
the Director of the Bureau of Land Management, the Council
shall terminate on the date that is 6 years after the date of
enactment of this Act.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 3. TRANSFER OF LAND TO RED ROCK CANYON NATIONAL
CONSERVATION AREA.
(a) Definitions.--In this section:
(1) Conservation area.--The term ``Conservation Area''
means the Red Rock Canyon National Conservation Area
established by the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.).
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(2) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated June 26, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(b) Transfer of Land to Conservation Area.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights, and
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall add to, and administer as part of, the Conservation
Area, in accordance with the laws (including regulations)
applicable to the Conservation Area, the land described in
paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 1,530 acres of land managed by
the Bureau of Land Management described on the map as
``Additions to Red Rock NCA''.
(3) Management plan.--Not later than 2 years after the date
on which the land is acquired, the Secretary shall update the
management plan for the Conservation Area to reflect the
management requirements of the acquired land.
(4) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(B) Minor errors.--The Secretary may correct any minor
error in--
(i) the map; or
(ii) the legal description.
(C) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 4. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO NORTH
LAS VEGAS.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated June 26, 2012.
(2) North las vegas.--The term ``North Las Vegas'' means
the city of North Las Vegas, Nevada.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(b) Conveyance.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights, and
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to North Las Vegas, without consideration, all
right, title, and interest of the United States in and to the
land described in subsection (c).
(c) Description of Land.--The land referred to in
subsection (b) consists of land managed by the Bureau of Land
Management described on the map as the ``North Las Vegas Job
Creation Zone''.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(e) Use of Land for Nonresidential Development.--
(1) In general.--North Las Vegas may sell, lease, or
otherwise convey any portion of the land described in
subsection (c) for nonresidential development.
(2) Method of sale.--The sale, lease, or conveyance of land
under paragraph (1) shall be carried out--
(A) through a competitive bidding process; and
(B) for not less than fair market value.
(3) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under paragraph (1) shall
be distributed in accordance with section 4(e) of the
Southern Nevada Public Land Management Act of 1998 (Public
Law 105-263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317;
118 Stat. 2414; 120 Stat. 3045).
(f) Use of Land for Recreation or Other Public Purposes.--
(1) In general.--North Las Vegas may retain a portion of
the land described in subsection (c) 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 written notice of
the election to the Secretary.
(2) Revocation.--If North Las Vegas retains land for public
recreation or other public purposes under paragraph (1),
North Las Vegas may--
(A) revoke that election; and
(B) sell, lease, or convey the land in accordance with
subsection (e).
(g) Administrative Costs.--The Secretary shall require
North Las Vegas to pay all survey costs and other
administrative costs necessary for the preparation and
completion of any patents for, and transfers of title to, the
land described in subsection (c).
(h) Reversion.--
(1) In general.--If any parcel of land described in
subsection (c) is not conveyed for nonresidential development
under this section or reserved for recreation or other public
purposes under subparagraph (f) by the date that is 30 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
(2) Inconsistent use.--If North Las Vegas uses any parcel
of land described in subsection (c) in a manner that is
inconsistent with this section--
(A) at the discretion of the Secretary, the parcel shall
revert to the United States; or
(B) if the Secretary does not make an election under
subparagraph (A), North Las Vegas shall sell the parcel of
land in accordance with this section.
SEC. 5. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LAS
VEGAS.
(a) Definitions.--In this section:
(1) Las vegas.--The term ``Las Vegas'' means the city of
Las Vegas, Nevada.
(2) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated June 26, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(b) In General.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights, and
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to Las Vegas, without consideration, all right,
title, and interest of the United States in and to the land
described in subsection (c).
(c) Description of Land.--The land referred to in
subsection (b) consists of land managed by the Bureau of Land
Management described on the map as ``Las Vegas Job Creation
Zone''.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(e) Use of Land.--
(1) In general.--Las Vegas may sell, lease, or otherwise
convey any portion of the land described in subsection (c)
for nonresidential development.
(2) Method of sale.--The sale, lease, or conveyance of land
under paragraph (1) shall be carried out, after consultation
with the Las Vegas Paiute Tribe--
(A) through a competitive bidding process; and
(B) for not less than fair market value.
(3) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under paragraph (1) shall
be distributed in accordance with section 4(e) of the
Southern Nevada Public Land Management Act of 1998 (Public
Law 105-263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317;
118 Stat. 2414; 120 Stat. 3045).
(f) Use of Land for Recreation or Other Public Purposes.--
(1) In general.--Las Vegas may retain a portion of the land
described in subsection (c) 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 written notice of
the election to the Secretary.
(2) Revocation.--If Las Vegas retains land for public
recreation or other public purposes under paragraph (1), Las
Vegas may--
(A) revoke that election; and
(B) sell, lease, or convey the land in accordance with
subsection (e).
(g) Administrative Costs.--The Secretary shall require Las
Vegas to pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents
for, and transfers of title to, the land described in
subsection (c).
(h) Reversion.--
(1) In general.--If any parcel of land described in
subsection (c) is not conveyed for nonresidential development
under this section or reserved for recreation or other public
purposes under subsection (f) by the date that is 30 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
(2) Inconsistent use.--If Las Vegas uses any parcel of land
described in subsection (c) in a manner that is inconsistent
with this section--
(A) at the discretion of the Secretary, the parcel shall
revert to the United States; or
(B) if the Secretary does not make an election under
subparagraph (A), Las Vegas shall sell the parcel of land in
accordance with this section.
SEC. 6. EXPANSION OF CONVEYANCE TO LAS VEGAS METROPOLITAN
POLICE DEPARTMENT.
Section 703 of the Clark County Conservation of Public Land
and Natural Resources Act of 2002 (Public Law 107-282; 116
Stat. 2013) is amended by inserting before the period at the
end the following: ``and the parcel of land identified as
`Conveyance to Las Vegas for Police Shooting Range Access' on
the map entitled `North Las Vegas Valley Overview', and dated
June 26, 2012, for the development of an access road and
parking facilities''.
[[Page S4680]]
SEC. 7. SPRING MOUNTAINS NATIONAL RECREATION AREA WITHDRAWAL.
Section 8 of the Spring Mountains National Recreation Area
Act (16 U.S.C. 460hhh-6) is amended--
(1) in subsection (a), by striking ``for lands described''
and inserting ``as provided''; and
(2) by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Notwithstanding subsection (a), W\1/2\ E
\1/2\ and W \1/2\ sec. 27, T. 23 S., R. 58 E., Mt. Diablo
Meridian is not subject to withdrawal under that subsection.
``(2) Effect of entry under public land laws.--
Notwithstanding paragraph (1) of subsection (a), the
following are not subject to withdrawal under that paragraph:
``(A) Any Federal land in the Recreation Area that
qualifies for conveyance under Public Law 97-465 (commonly
known as the ``Small Tracts Act'') (16 U.S.C. 521c et seq.),
which, notwithstanding section 7 of that Act (16 U.S.C.
521i), may be conveyed under that Act.
``(B) Any Federal land in the Recreation Area that the
Secretary determines to be appropriate for conveyance by
exchange for non-Federal land within the Recreation Area
under authorities generally providing for the exchange of
National Forest System land.''.
SEC. 8. SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT OF 1998
AMENDMENTS.
Section 4 of the Southern Nevada Public Land Management Act
of 1998 (Public Law 105-263; 112 Stat. 2344; 116 Stat. 2007)
is amended--
(1) in the first sentence of subsection (a), by striking
``dated October 1, 2002'' and inserting ``dated June 26,
2012''; and
(2) in subsection (g), by adding at the end the following:
``(5) Notwithstanding paragraph (4), subject to paragraphs
(1) through (3), Clark County may convey to a unit of local
government or regional governmental entity, without
consideration, land located within the Airport Environs
Overlay District (as of the date of enactment of [this
paragraph]) if the land is used for a public purpose
consistent with uses allowed under the Act of June 14, 1926
(commonly known as the `Recreation and Public Purposes Act')
(43 U.S.C. 869 et seq.), provided that if the conveyed land
is used for a purpose other than a public purpose, paragraph
(4) would apply to the conveyance.''.
SEC. 9. CONVEYANCE OF LAND TO THE NEVADA SYSTEM OF HIGHER
EDUCATION.
(a) Definitions.--In this section:
(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) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) System.--The term ``System'' means the Nevada System of
Higher Education.
(b) Conveyances of Federal Land to the System.--
(1) Conveyances.--
(A) 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--
(i) 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--
(I) the Federal land identified on the map entitled ``Great
Basin College Land Conveyance'' and dated June 26, 2012, for
the Great Basin College; and
(II) the Federal land identified on the map entitled
``College of Southern Nevada Land Conveyance'' and dated June
26, 2012, for the College of Southern Nevada, subject to the
requirement that, as a precondition of the conveyance, the
Board of Regents shall, by mutual assent, enter into a
binding development agreement with the City of Las Vegas
that--
(aa) provides for the orderly development of the Federal
land to be conveyed under this subclause; and
(bb) complies with State law; and
(ii) 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 identified on the
map entitled ``North Las Vegas Valley Overview'' and dated
June 26, 2012 for the University of Nevada, Las Vegas, if the
area identified as ``Potential Utility Schedule'' on the map
is reserved for use for a potential future 400-foot utility
corridor of certain rights-of-way for transportation and
public utilities.
(B) Phases.--The Secretary may phase the conveyance of the
Federal land under subparagraph (A)(ii) as remediation is
completed.
(2) Conditions.--
(A) In general.--As a condition of the conveyance under
paragraph (1)(A), the Board of Regents 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 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; and
(iv) 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.
(B) Agreement with nellis air force base.--
(i) In general.--The Federal land conveyed to the System
under [paragraph (1)(A)(ii)] shall be used in accordance with
the agreement entitled the ``Cooperative Interlocal Agreement
between the Board of Regents of the Nevada System of Higher
Education, on Behalf of the University of Nevada, Las Vegas,
and the 99th Air Base Wing, Nellis Air Force Base, Nevada''
and dated June 19, 2009.
(ii) Modifications.--Any modifications to the agreement
described in clause (i) or any related master plan shall
require the mutual assent of the parties to the agreement.
(iii) Limitation.--In no case shall the use of the Federal
land conveyed under paragraph (1)(A)(ii) compromise the
national security mission or avigation rights of Nellis Air
Force Base.
(3) Use of federal land.--
(A) In general.--The System may use the Federal land
conveyed under paragraph (1)(A) for--
(i) any purpose relating to the establishment, operation,
growth, and maintenance of the System; and
(ii) any uses relating to the purposes, including
residential and commercial development that would generally
be associated with an institution of higher education.
(B) Other entities.--The System may--
(i) 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;
(ii) allow any other communities in southern Nevada to use
facilities of the Campuses for educational and recreational
programs of the community; and
(iii) 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 subsection.
(4) Reversion.--
(A) In general.--If the Federal land or any portion of the
Federal land conveyed under paragraph (1)(A) 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.
(B) 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 subsection (a)(3)(B)
shall, at the discretion of the Secretary, revert to the
United States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 10. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL
AIRPORT.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Clark County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Land
Conveyance for Southern Nevada Supplemental Airport'' and
dated June 26, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Land Conveyance.--
(1) In general.--As soon as practicable after the date
described in paragraph (2), subject to valid existing rights,
and notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to the County, without consideration, all right,
title, and interest of the United States in and to the land
described in subsection (c).
(2) Date on which conveyance may be made.--The Secretary
shall not make the conveyance described in paragraph (1)
until the later of the date on which the Administrator of the
Federal Aviation Administration has--
[[Page S4681]]
(A) approved an airport layout plan for an airport to be
located in the Ivanpah Valley; and
(B) with respect to the construction and operation of an
airport on the site conveyed to the County pursuant to
section 2(a) of the Ivanpah Valley Airport Public Lands
Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a
record of decision after the preparation of an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Withdrawal.--Subject to valid existing rights, the
public land to be conveyed under paragraph (1) is withdrawn
from--
(A) location, entry, and patent under the mining laws; and
(B) operation of the mineral leasing and geothermal leasing
laws.
(4) Use.--The public land conveyed under paragraph (1)
shall be used for the development of flood mitigation
infrastructure for the Southern Nevada Supplemental Airport.
(c) Description of Land.--The land referred to in
subsection (b) consists of the approximately 2,320 acres of
land managed by the Bureau of Land Management and described
on the map as the ``Conveyance Area''.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare an
official legal description and map of the parcel to be
conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 11. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE.
(a) Finding.--Congress finds that for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in Clark County,
Nevada, administered by the Bureau of Land Management in the
Sunrise Mountain Instant Study Area has been adequately
studied for wilderness designation.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness--
(1) is no longer 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 land management
plans adopted under section 202 of that Act (43 U.S.C. 1712).
(c) Post Release Land Use Approvals.--Recognizing that the
area released under subsection (b) presents unique
opportunities for the granting of additional rights-of-way,
including for high voltage transmission facilities, the
Secretary of the Interior may accommodate multiple applicants
within a particular right-of-way.
SEC. 12. NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of North Las
Vegas, Nevada.
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Economic support area.--The term ``Economic Support
Area'' means the land identified on the map as the ``Economic
Support Area''.
(4) Federal land.--The term ``Federal land'' means the
approximately 1,211 acres of Federal land in the County, as
depicted on the map.
(5) Map.--The term ``map'' means the map entitled ``Nellis
Dunes Off-Highway Vehicle Recreation Area'' and dated June
26, 2012.
(6) Nellis dunes recreation area.--The term ``Nellis Dunes
Recreation Area'' means the Nellis Dunes Off-Highway Vehicle
Recreation Area identified on the map as ``Nellis Dunes OHV
Recreation Area''.
(7) Net proceeds.--The term ``net proceeds'' means the
amount that is equal to the difference between--
(A) the amount of gross revenues received by the County
from any activities at the Economic Support Area; and
(B) the total amount expended by the County for capital
improvements to each of the Economic Support Area and the
Nellis Dunes Recreation Area, provided that the capital
improvements shall not exceed 80 percent of the total gross
proceeds.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Nevada.
(b) Conveyance of Federal Land to Clark County, Nevada.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall convey to the
County, subject to valid existing rights, without
consideration, all right, title, and interest of the United
States in and to the parcels of Federal land.
(2) Use of federal land.--
(A) In general.--The parcels of Federal land conveyed under
paragraph (1)--
(i) shall be used by the County--
(I) to provide a suitable location for the establishment of
a centralized off-road vehicle recreation park in the County;
(II) to provide the public with opportunities for off-road
vehicle recreation, including a location for races,
competitive events, training and other commercial services
that directly support a centralized off-road vehicle
recreation area and County park; and
(III) to provide a designated area and facilities that
would discourage unauthorized use of off-highway vehicles in
areas that have been identified by the Federal Government,
State government, or County government as containing
environmentally sensitive land; and
(ii) shall not be disposed of by the County.
(B) Reversion.--If the County ceases to use any parcel of
the Federal land for the purposes described in subparagraph
(A)(i) or subparagraph (C)--
(i) title to the parcel shall revert to the United States,
at the option of the United States; and
(ii) the County shall be responsible for any reclamation
necessary to revert the parcel to the United States.
(C) Renewable and solar energy.--The Federal land conveyed
to the County under paragraph (1) and the land conveyed to
the County under section 1(c) of Public Law 107-350 (116
Stat. 2975) may be used for the incidental purpose of
generating renewable energy and solar energy for use by the
Clark County Off Highway Vehicle Recreation Park, the
shooting park authorized under Public Law 107-350 (116 Stat.
2975), and the County.
(D) Consultation with the secretary of the air force.--
(i) Restriction.--Any project authorized under subparagraph
(C) shall not interfere with the national security mission of
Nellis Air Force Base (or any military operation).
(ii) Condition.--Before the construction of any proposed
project under subparagraph (C), the project proponent shall
consult with the Secretary of Defense (or a designee).
(E) Future conveyances.--Any future conveyance of Federal
land for addition to the Clark County Off Highway Vehicle
Park or the Nellis Dunes Recreation Area shall be subject
to--
(i) the binding interlocal agreement under paragraph
(3)(B); and
(ii) the aviation easement requirements under paragraph
(6).
(F) Management plan.--The Secretary, in consultation with
the Secretary of the Air Force and the County, may develop a
special management plan for the Federal land--
(i) to enhance public safety and safe off-highway vehicle
recreation use in the Nellis Dunes Recreation Area;
(ii) to ensure compatible development with the mission
requirements of the Nellis Air Force Base; and
(iii) to avoid and mitigate known public health risks
associated with off-highway vehicle use in the Nellis Dunes
Recreation Area.
(3) Economic support area.--
(A) Designation.--There is designated the Economic Support
Area.
(B) Interlocal agreement.--
(i) In general.--Before the Economic Support Area may be
developed, the City and County shall enter into an interlocal
agreement regarding the development of the Economic Support
Area.
(ii) Limitation of agreement.--In no case shall the
interlocal agreement under this subparagraph compromise or
interfere with the aviation rights provided under paragraph
(6) and subsection (c)(4).
(C) Use of proceeds.--Of the net proceeds from the
development of the Economic Support Area, the County shall--
(i) annually deposit 50 percent in a special account in the
Treasury, to be used by the Secretary for the development,
maintenance, operations, and environmental restoration and
mitigation of the Nellis Dunes Recreation Area; and
(ii) retain 50 percent, to be used by the County--
(I) to pay for capital improvements [that are not covered
by subsection (a)(6)(B)]; and
(II) to maintain and operate the park established under
paragraph (2)(A)(i)(I).
(4) Agreement with nellis air force base.--
(A) In general.--Before the Federal land may be conveyed to
the County under paragraph (1), the Clark County Board of
Commissioners, the Bureau of Land Management, and Nellis Air
Force Base shall enter into an interlocal agreement for the
Federal land and the Nellis Dunes Recreation Area--
(i) to enhance safe off-highway recreation use; and
(ii) to ensure that development of the Federal land is
consistent with the long-term mission requirements of Nellis
Air Force Base.
(B) Limitation.--The use of the Federal land conveyed under
paragraph (1) shall not compromise the national security
mission or aviation rights of Nellis Air Force Base.
(5) Additional terms and conditions.--With respect to the
conveyance of Federal land under paragraph (1), the Secretary
may require such additional terms and conditions as the
Secretary considers to be appropriate to protect the
interests of the United States.
(6) Aviation easement.--
(A) In general.--Each deed entered into for the conveyance
of the Federal land shall contain a perpetual aviation
easement reserving to the United States all rights necessary
to preserve free and unobstructed overflight in and through
the airspace above, over, and across the surface of the
Federal land for the passage of aircraft owned or operated by
any Federal agency or other Federal entity.
(B) Requirements.--Each easement described in subparagraph
(A) shall include such terms and conditions as the Secretary
of the Air Force determines to be necessary to comply with
subparagraph (A).
[[Page S4682]]
(c) Designation of the Nellis Dunes National Off-Highway
Vehicle Recreation Area.--
(1) In general.--The approximately 10,000 acres of land
identified as ``Nellis Dunes'' in the Bureau of Land
Management Resource Management Plan shall be known and
designated as the ``Nellis Dunes Off-Highway Vehicle
Recreation Area''.
(2) Management plan.--The Director of the Bureau of Land
Management may develop a special management plan for the
Nellis Dunes Recreation Area to enhance the safe use of off-
highway vehicles for recreational purposes.
(3) Exclusion from national landscape conservation
system.--The Nellis Dunes Recreation Area shall not be
considered a unit of the National Landscape Conservation
System.
(4) Aviation rights.--The aviation rights described in
subsection (b)(6) shall apply to the Nellis Dunes Recreation
Area.
(d) Withdrawal and Reservation of Land for Nellis Air Force
Base.--
(1) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this subsection--
(A) the Federal land and interests in the Federal land
identified on the map as ``Land to be withdrawn for Nellis
Air Force Base'' are withdrawn from all forms of
appropriation under the general land laws, including the
mining, mineral leasing, and geothermal leasing laws; and
(B) jurisdiction over the land and interest in land
withdrawn and reserved by this subsection is transferred to
the Secretary of the Air Force.
(2) Reservation.--The land withdrawn under paragraph (1) is
reserved for use by the Secretary of the Air Force for--
(A) the enlargement and protection of Nellis Air Force
Base; or
(B) other defense-related purposes consistent with the
purposes of this subsection.
(3) Changes in use.--The Secretary of the Air Force shall
consult with the Secretary before using the land withdrawn
and reserved by this subsection for any purpose other than
the purposes described in subsection (b)(2).
(4) Easement.--The United States reserves--
(A) a right of flight for the passage of aircraft in the
airspace above the surface of the Federal land conveyed to
the County; and
(B) the right to cause in the airspace any noise,
vibration, smoke, or other effects that may be inherent in
the operation of aircraft landing at, or taking off from,
Nellis Air Force Base.
______
By Mr. DURBIN:
S. 3348. A bill to amend title 38, United States Code, to improve the
multifamily transitional housing loan program of the Department of
Veterans Affairs, and for other purposes; to the Committee on Veterans'
Affairs.
Mr. DURBIN. 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
printed in the Record as follows:
S. 3348
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY FOR PAYMENT BY SECRETARY OF VETERANS
AFFAIRS OF GUARANTEES FOR LOANS GUARANTEED BY
SECRETARY FOR MULTIFAMILY TRANSITIONAL HOUSING
PROJECTS.
Section 2053 of title 38, United States Code, is amended by
striking subsection (a) and inserting the following new
subsection (a):
``(a)(1) Notwithstanding any other provision of law, the
Secretary may, for any loan guaranteed under this subchapter,
pay the guarantee, in part or in full, if the loan is not in
default. Such guarantee payment may include amounts necessary
to extinguish the loan and pay all prepayment premiums and
transaction costs.
``(2) The Secretary may forgive, waive, release, or
discharge a borrower's liability to the Secretary with
respect to a loan or a guarantee for the loan for any loss
resulting from a payment made under paragraph (1).
``(3) The amount resulting from a decision of the Secretary
to forgive, waive, release, or discharge any repayment
obligation owed by the borrower to the Secretary with respect
to a loan guaranteed by the Secretary under this subchapter
for a multifamily transitional housing project--
``(A) shall not be included in the borrower's gross income;
``(B) shall be treated as an amount not derived from a
Federal grant for purposes of subsection (d)(5)(A) of section
42 of the Internal Revenue Code of 1986;
``(C) shall not otherwise reduce the borrower's depreciable
basis or eligible basis (for purposes of such section 42) of
such housing project.''.
______
By Mr. REED:
S. 3349. A bill to amend title 38, United States Code, and the United
States Housing Act of 1937 to enhance and expand the assistance
provided by the Department of Veterans Affairs and the Department of
Housing and Urban Development to homeless veterans and veterans at risk
of homelessness, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. REED. Mr. President, today I introduce the Zero Tolerance for
Veteran Homelessness Act. This bill enhances and expands the assistance
provided by the Department of Veterans Affairs and the Department of
Housing and Urban Development to homeless veterans and veterans at risk
of becoming homeless.
It is one of our Nation's great tragedies that on any given night,
according to estimates by the Department of Veterans Affairs, more than
67,000 veterans are homeless. The Department further estimates that
about 145,000 veterans experience homelessness each year and that
nearly 1/5th of all homeless people in the United States are veterans.
These numbers are expected to climb as our service members who have
fought in Iraq and Afghanistan return home to face tough economic
conditions.
Indeed, some veterans return from deployments to discover that the
skills they have honed in their military service can be difficult to
transfer to jobs in the private sector. Others struggle with physical
or mental wounds of war. Still others return to communities that lack
safe, affordable housing.
Our veterans have made great sacrifices to serve our country, and it
is especially important to honor our commitment to them. The Department
of Veterans Affairs is certainly a part of that commitment, providing
benefits, medical care, support, and a sense of community to homeless
veterans. However, a number of other federal agencies provide service
to veterans, including the Department of Housing and Urban Development,
and this legislation builds on that existing infrastructure.
Many programs through HUD and the VA are already helping homeless
veterans with transitional housing, health care and rehabilitation
services, and employment assistance. However, a more comprehensive and
coordinated approach would strengthen these programs and help prevent
more at-risk veterans from becoming homeless.
First, this legislation would make it easier for non-profits to apply
for capital grants through the VA's grants and per diem program to
build transitional housing and other facilities for veterans. This
would streamline the process for non-profit organizations to be able to
use financing from other sources to break ground on new housing
construction. This is particularly important in the current economy,
when non-profits are stretched and have to be more creative than ever
to fund new capital projects.
Second, the Zero Tolerance for Veterans Homelessness Act would create
a Special Assistant for Veterans Affairs within HUD. The Special
Assistant would ensure that veterans have access to HUD's existing
programs and work to remove any barriers. The Special Assistant would
also serve as a liaison between HUD and the VA, helping to connect and
coordinate the services the two departments provide.
Additionally, this legislation recognizes the need to measure
progress of efforts to combat homelessness. The bill would require the
Secretary of Veterans Affairs to analyze existing programs and develop
a comprehensive plan with recommendations on how to end homelessness
among veterans. Establishing a plan with appropriate benchmarks will
enable the VA to more easily track progress towards this important
goal.
Only by working together, across the federal government and in
partnership with non-profits and local housing authorities, will we be
able to comprehensively help homeless veterans and reach those in
danger of becoming homeless. We owe it to our veterans to ensure that
they and their families have safe, affordable places to live and to
provide the services and benefits they have earned. The nation's brave
veterans deserve nothing less.
I am pleased that provisions from this bill, which follows on
legislation I introduced last Congress, have been included in
comprehensive legislation that is moving through the Veterans
[[Page S4683]]
Affairs Committee. I hope my colleagues will join in supporting these
important efforts.
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