[Congressional Record (Bound Edition), Volume 148 (2002), Part 15]
[Senate]
[Pages 21125-21126]
[From the U.S. Government Publishing Office, www.gpo.gov]




  TO ESTABLISH WILDERNESS AREAS, PROMOTE CONSERVATION, IMPROVE PUBLIC 
 LAND, AND PROVIDE FOR HIGH QUALITY DEVELOPMENT IN CLARK COUNTY, NEVADA

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of H.R. 5200.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5200) to establish wilderness areas, promote 
     conservation, improve public land, and provide for high 
     quality development in Clark County, Nevada, and for other 
     purposes.

  There being no objection, the Senate proceeded to the consideration 
of the bill.
  Mr. REID. Mr. President, today I rise to comment on the Clark County 
Conservation of Public Lands and Natural Resources Act of 2002, which 
is important to southern Nevada and a priority for the Nevada 
delegation. This broad-based compromise legislation is also important 
for America. The many provisions in this legislation reflect the many 
challenges faced by southern Nevada. I would like to highlight some of 
the ways in which the Clark County Conservation PLAN will enhance the 
quality of life and economic opportunities for Nevadans at the same 
time we protect southern Nevada's environment for the benefit of future 
generations.
  When Congress passed the Southern Nevada Public Lands Management Act 
in 1998, we made the decision that it was in the public interest to 
transition away from federal-private land exchanges and competitively 
auction those parcels of land deemed by the BLM as suitable for 
disposal. This decision has proven quite effective and fair and 
represents the future of land privatization in Nevada and the West. 
However, at the time the law was enacted, Congress did contemplate that 
a limited number of ongoing land exchanges should be completed because 
of their benefit to the public. The Red Rock Canyon-Howard Hughes 
exchange is one such exchange. This land exchange has been contemplated 
for a number of years and enjoys unusually broad support ranging from 
the County to the environmental community. The time when this exchange 
should have reached completion through the administrative process has 
long since passed and a legislative resolution is now in order.
  Nevada has nearly 100 wilderness study areas on federal land across 
the state, which remain de facto wilderness until Congress acts. These 
areas, which are primarily owned by the Bureau of Land Management, are 
managed to protect wilderness character of the lands under current law. 
Those of us who wrote this bill hold different views regarding 
wilderness. But in developing the wilderness component of this bill, 
Senator Ensign, Congressman Gibbons and I made good faith compromises 
that protect all interested parties as we designated 18 wilderness 
totaling about 450,000 acres and released 220,000 acres from wilderness 
study area status. We believe that this solid compromise represents a 
critical step toward addressing the outstanding wilderness issues in 
the state of Nevada.
  The Clark County Conservation PLAN Act modifies the Southern Nevada 
Public Lands Management Act and expands the so-called Las Vegas valley 
disposal boundary. This expansion will make an additional 23,000 acres 
of BLM land available for auction and development.
  One of the most important infrastructure issues facing southern 
Nevada is siting a new international airport. The County's preferred 
site is in a dry lake bed between Jean and Primm, Nevada south of the 
Las Vegas Valley in the Interstate 15 transportation corridor near the 
California border. Congress made federal land at that site available 
for use as an airport, pending environmental reviews. The Clark County 
Conservation PLAN complements that law in two important ways. First, 
our bill conveys federal land adjacent to the proposed airport to the 
Clark County Airport Authority so that it can promote compatible 
development within the area impacted by the noise of the airport. 
Second, our bill directs the Bureau of Land Management to reserve a 
right-of-way for non-exclusive utility and transportation corridors 
between the Las Vegas valley and the proposed airport. However, both of 
these provisions are contingent upon a positive record of decision on 
the environmental impact statement for the planned Ivanpah Airport.
  One of the most precious areas in southern Nevada is a humble canyon 
near Henderson. It is an area graced with hundreds of petroglyphs. This 
canyon is in desperate need of protection because it is within a short 
walk of the Las Vegas valley. Similar resources elsewhere in the desert 
Southwest have been destroyed by urban encroachment.
  The Clark County Conservation PLAN designates the Sloan petroglyphs 
site and the area that comprises most of its watershed as the North 
McCullough Mountains Wilderness. This wilderness combined with about 
32,000 acres of open space comprises the proposed Sloan Canyon National 
Conservation Area. The NCA and wilderness will provide critical 
protection for the Sloan petroglyphs, preserve open space near 
Henderson's rapidly growing neighborhoods and together represent a 
legacy of cultural and natural resource conservation our grandchildren 
will value dearly.
  The sheer number of public lands bill requests Senator Ensign and I 
receive

[[Page 21126]]

is daunting. If we introduced separate legislation to address each 
legitimate issue that constituents bring to our attention, we would 
create an awkward patchwork of new federal laws. The Clark County 
Conservation PLAN provides a comprehensive vision and framework for 
conservation and development in southern Nevada that balances competing 
interests.
  The final title of our bill includes a select few of the many 
important public interest land conveyances. For example, we include two 
land grants to further the higher education mission of Nevada's 
university system.
  Our bill conveys a small active shooting range to the Las Vegas 
Metropolitan Police Department for training purposes. We grant a modest 
parcel of land to the City of Las Vegas for the development of 
affordable housing. These small but important actions will help our 
communities, law enforcement, and educational system better serve 
southern Nevada.
  I would like to address some concerns regarding provisions in the 
House version of the Clark County Conservation PLAN raised by a number 
of Nevadans some of which may be shared by the Chairman of the Senate 
Energy and Natural Resources Committee, Senator Bingaman. The title in 
question involves a Bureau of Reclamation title transfer and confusion 
over whether this provision would be subject to existing laws and how 
the final maps will be drawn. I want to emphasize to my colleagues that 
this legislation transferring right, title and interest in the Humboldt 
Project specifically contemplates in section 808 that the Secretary of 
the Interior will comply with the National Environmental Policy Act, 
the Endangered Species Act, and all other applicable laws, such as the 
National Historic Preservation Act, prior to any conveyance of title. 
In passing this legislation, Congress intends that a thorough 
environmental analysis of the transfer be undertaken prior to transfer 
so that decisionmakers are fully informed of any environmental impacts 
associated with the transfer. In fact, section 804(e) addresses the 
issue of the costs associated with complying with NEPA, again 
underscoring Congress's anticipation that a thorough NEPA review will 
be undertaken. In addition, it is our intent that an analysis of any 
species listed as endangered or threatened under the Endangered Species 
Act take place prior to the transfer. Congress recognizes that these 
environmental reviews are necessary prior to conveyance to ensure that 
any appropriate conditions to mitigate impacts of the transfer can be 
implemented. I think the language of the bill is straightforward but 
appreciate the concerns that have been raised in this regard and hope 
that my statement clarifies this point.
  In addition, section 803(a) references a map dated July 3, 2002, 
which depicts the lands and features of the Humboldt project. 
Subsection (b) of section 803 directs the Secretary to submit a map of 
the Humboldt Project Conveyance as soon as practicable after the date 
of enactment of the legislation. In case of a conflict between the map 
referred to in subsection (a) and the map submitted by the Secretary 
under subsection (b), the map referred to in subsection (b) is to 
control. This provision is included to allow only for clarifying 
clerical and technical modifications to the map. We anticipate that any 
discrepancy between the maps referred to in subsections (a) and (b) 
will be minimal.
  Senator Ensign and I are proud of the progress we have made and 
believe that this bill could serve as a model for bipartisan 
cooperation and constructive compromise. We are grateful for the work 
done in the House of Representatives by Congressman Gibbons and 
Congresswoman Berkley to convince their colleagues of the importance of 
this bill which led to a unanimous favorable vote on October 16.
  I also appreciate the assistance we received from Senator Bingaman 
and Senator Wyden, as chairmen of the full and subcommittees with 
jurisdiction over this bill, they played critical roles in improving 
the bill. In addition Senate Energy and Natural Resources Committee 
staff worked very hard, particularly over the past month to perfect 
this legislation. The long hours and expertise of these professionals, 
including David Brooks, Kira Finkler, Patty Beneke, Bob Simon, Shelley 
Brown, Sam Fowler, Dick Bouts, and Jim Bierne and House staff including 
Robert Uithoven, Rick Healy, Jim Zoia, Tim Stewart, Rob Howarth, Lisa 
Pittman, Lisa Daley and Dayne Barron, made passage of this bill 
possible but more importantly made our bill better. Often overlooked in 
the development of a bill such as this one is the work done by federal 
employees who work for the public land management agencies. In the 
development of this bill, however, such oversight would be inexcusable 
because Bob Abbey, Mark Morse, Laurie Sedlmayr, Donn Siebert, Robert 
Taylor, Demetrius Purdie-Williams and Jeremy Noble, Bill Dickinson, 
Dick Birger, and many others provided valuable insights and assistance 
without which this bill would not have been possible. John Lopez of 
Senator Ensign's staff and my staff met with hundreds of Nevadans to 
ensure that this bill is a Nevada bill that is good for America. Among 
these individuals, Clint Bentley, John Wallin, Jeremy Garncarz, Blake 
Monk, John and Hermi Hiatt, Larry Johnson, Roger Scholl, Elise 
McAllister, Terry Crawforth, John Moran, Jr., Kevin Mack, Chuck Musser, 
Jane Feldman, Doug Hunt, Pam Wilcox, Kelly Jensen, Cal Baird, George 
Reyling, Toni Worley, Mike Carey, as well as representatives of the 
many municipalities in Clark County played particularly important 
roles. Countless others provided constructive suggestions and support 
that led to this point.
  Mr. President, I ask unanimous consent that the bill be read three 
times, passed, and the motion to reconsider be laid upon the table, 
with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The bill (H.R. 5200) was read the third time and passed.

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