[House Report 105-68]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-68
_______________________________________________________________________


 
           SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT OF 1997

                                _______
                                

 April 23, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 449]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 449) to provide for the orderly disposal of certain 
Federal lands in Clark County, Nevada, and to provide for the 
acquisition of environmentally sensitive lands in the State of 
Nevada, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Southern Nevada Public Land Management 
Act of 1997''.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds the following:
          (1) The Bureau of Land Management has extensive land 
        ownership in small and large parcels interspersed with or 
        adjacent to private land in the Las Vegas Valley, Nevada, 
        making many of these parcels difficult to manage and more 
        appropriate for disposal.
          (2) In order to promote responsible and orderly development 
        in the Las Vegas Valley, certain of those Federal lands should 
        be sold by the Federal Government based on recommendations made 
        by local government and the public.
          (3) The Las Vegas metropolitan area is the fastest growing 
        urban area in the United States, which is causing significant 
        impacts upon the Lake Mead National Recreation Area, the Red 
        Rock Canyon National Conservation Area, and the Spring 
        Mountains National Recreation Area, which surround the Las 
        Vegas Valley.
  (b) Purpose.--The purpose of this Act is to provide for the orderly 
disposal of certain Federal lands in Clark County, Nevada, and to 
provide for the acquisition of environmentally sensitive lands in the 
State of Nevada.

SEC. 3. DEFINITIONS.

  As used in this Act:
          (1) The term ``Secretary'' means the Secretary of the 
        Interior.
          (2) The term ``unit of local government'' means Clark County, 
        the City of Las Vegas, the City of North Las Vegas, or the City 
        of Henderson; all in the State of Nevada.
          (3) The term ``Agreement'' means the agreement entitled ``The 
        Interim Cooperative Management Agreement Between The United 
        States Department of the Interior--Bureau of Land Management 
        and Clark County'', dated November 4, 1992.
          (4) The term ``special account'' means the account in the 
        Treasury of the United States established under section 
        4(e)(1)(C).
          (5) The term ``Recreation and Public Purposes Act'' means the 
        Act entitled ``An Act to authorize acquisition or use of public 
        lands by States, counties, or municipalities for recreational 
        purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
          (6) The term ``regional governmental entity'' means the 
        Southern Nevada Water Authority, the Regional Flood Control 
        District, and the Clark County Sanitation District.

SEC. 4. DISPOSAL AND EXCHANGE.

  (a) Disposal.--Notwithstanding the land use planning requirements 
contained in sections 202 and 203 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in 
accordance with this Act, the Federal Land Policy and Management Act of 
1976, and other applicable law, and subject to valid existing rights, 
is authorized to dispose of lands within the boundary of the area under 
the jurisdiction of the Direction of the Bureau of Land Management in 
Clark County, Nevada, as generally depicted on the map entitled ``Las 
Vegas Valley, Nevada, Land Disposal Map'', dated June, 1996. Such map 
shall be on file and available for public inspection in the offices of 
the Director and the Las Vegas District of the Bureau of Land 
Management.
  (b) Reservation for Local Public Purposes.--
          (1) Recreation and public purpose act conveyances.--Not less 
        than 30 days before the offering of lands for sale or exchange 
        pursuant to subsection (a), the State of Nevada or the unit of 
        local government in whose jurisdiction the lands are located 
        may elect to obtain any such lands for local public purposes 
        pursuant to the provisions of the Recreation and Public 
        Purposes Act. Pursuant to any such election, the Secretary 
        shall retain the elected lands for conveyance to the State of 
        Nevada or such unit of the local government in accordance with 
        the provisions of the Recreation and Public Purposes Act.
          (2) Rights-of-way.--
                  (A) Issuance.--Upon application, by a unit of local 
                government or regional governmental entity, the 
                Secretary, in accordance with this Act and the Federal 
                Land Policy and Management Act of 1976, and other 
                applicable provisions of law, shall issue right-of-way 
                grants on Federal lands in Clark County, Nevada, for 
                all reservoirs, canals, channels, ditches, pipes, 
                pipelines, tunnels and other facilities and systems 
                needed for--
                          (i) the impoundment, storage, treatment, 
                        transportation or distribution of water (other 
                        than water from the Virgin River) or 
                        wastewater; or
                          (ii) flood control management.
                  (B) Duration.--Right-of-way grants issued under this 
                paragraph shall be valid in perpetuity.
                  (C) Waiver of fees.--Right-of-way grants issued under 
                this paragraph shall not require the payment of rental 
                or cost recovery fees.
          (3) Youth activity facilities.--Within 30 days after a 
        request by Clark County, Nevada, the Secretary shall offer to 
        Clark County, Nevada, the land depicted on the map entitled 
        ``Vicinity Map Parcel 177-28-101-020 dated August 14, 1996, in 
        accordance with the Recreation and Public Purposes Act for the 
        construction of youth activity facilities.
  (c) Withdrawal.--Subject to valid existing rights, all Federal lands 
identified in subsection (a) for disposal are withdrawn from location 
and entry, under the mining laws and from operation under the mineral 
leasing and geothermal leasing laws until such time as the Secretary 
terminates the withdrawal or the lands are patented.
  (d) Selection.--
          (1) Joint selection required.--The Secretary and the unit of 
        local government in whose jurisdiction lands referred to in 
        subsection (a) are located shall jointly select lands to be 
        offered for sale or exchange under this section. The Secretary 
        shall coordinate land disposal activities with the unit of 
        local government in whose jurisdiction such lands are located. 
        Land disposal activities of the Secretary shall be consistent 
        with local land use planning and zoning requirements and 
        recommendations.
          (2) Offering.--After land has been selected in accordance 
        with this subsection, the Secretary shall make the first 
        offering of land as soon as practicable after the date of 
        enactment of this Act.
  (e) Disposition of Proceeds.--
          (1) Land sales.--Of the gross proceeds of sales of land under 
        this subsection in a fiscal year--
                  (A) 5 percent shall be paid directly to the State of 
                Nevada for use in the general education program of the 
                State;
                  (B) 10 percent shall be paid directly to the Southern 
                Nevada Water Authority for water treatment and 
                transmission facility infrastructure in Clark County, 
                Nevada; and
                  (C) the remainder shall be deposited in a special 
                account in the Treasury of the United States for use 
                pursuant to the provisions of paragraph (3).
        Amounts in the special account shall be available to the 
        Secretary without further appropriation and shall remain 
        available until expended.
          (2) Land exchanges.--
                  (A) Payments.--In the case of a land exchange under 
                this section, the non-Federal party shall provide 
                direct payments to the State of Nevada and the Southern 
                Nevada Water Authority in accordance with paragraphs 
                (1) (A) and (B). The payments shall be based on the 
                fair market value of the Federal lands to be conveyed 
                in the exchange and shall be considered a cost incurred 
                by the non-Federal party that shall be compensated by 
                the Secretary if so provided by any agreement to 
                initiate exchange.
                  (B) Pending exchanges.--The provisions of this Act, 
                except this subsection and subsections (a) and (b), 
                shall not apply to any land exchange for which an 
                initial agreement to initiate an exchange was signed by 
                an authorized representative of the exchange proponent 
                and an authorized officer of the Bureau of Land 
                Management prior to February 29, 1996.
          (3) Availability of Special Account.--
                  (A) In general.--Amounts deposited in the special 
                account may be expended by the Secretary for--
                          (i) the acquisition of environmentally 
                        sensitive land in the State of Nevada in 
                        accordance with subsection (h), with priority 
                        given to lands located within Clark County;
                          (ii) capital improvements at the Lake Mead 
                        National Recreation Area, the Desert National 
                        Wildlife Refuge, the Red Rock Canyon National 
                        Conservation Area and other areas administered 
                        by the Bureau of Land Management in Clark 
                        County, and the Spring Mountains National 
                        Recreation Area;
                          (iii) development of a multispecies habitat 
                        conservation plan in Clark County, Nevada;
                          (iv) development of parks, trails, and 
                        natural areas in Clark County, Nevada, pursuant 
                        to a cooperative agreement with a unit of local 
                        government; and
                          (v) reimbursement of costs incurred by the 
                        local offices of the Bureau of Land Management 
                        in arranging sales or exchanges under this Act.
                  (B) Procedures.--The Secretary shall coordinate the 
                use of the special account with the Secretary of 
                Agriculture, the State of Nevada, local governments, 
                and other interested persons, to ensure accountability 
                and demonstrated results.
                  (C) Limitation.--Not more than 25 percent of the 
                amounts available to the Secretary from the special 
                account in any fiscal year (determined without taking 
                into account amounts deposited under subsection (g)(4)) 
                may be used in any fiscal year for the purposes 
                described in subparagraph (A)(ii).
  (f) Investment of Special Account.--All funds deposited as principal 
in the special account shall earn interest in the amount determined by 
the Secretary of the Treasury on the basis of the current average 
market yield on outstanding marketable obligations of the United States 
of comparable maturities. Such interest shall be added to the principal 
of the account and expended according to the provisions of subsection 
(e)(3).
  (g) Airport Environs Overlay District Land Transfer.--Upon request of 
Clark County, Nevada, the Secretary shall transfer to Clark County, 
Nevada, without consideration, all right, title, and interest of the 
United States in and to the lands identified in the Agreement, subject 
to the following:
          (1) Valid existing rights.
          (2) Clark County agrees to manage such lands in accordance 
        with the Agreement and with section 47504 of title 49, United 
        States Code (relating to airport noise compatibility planning), 
        and regulations promulgated pursuant to that section.
          (3) Clark County agrees that if any of such lands are sold, 
        leased, or otherwise conveyed or leased by Clark County, such 
        sale, lease, or other conveyance shall contain a limitation 
        which requires uses compatible with the Agreement and such 
        Airport Noise Compatibility Planning provisions.
          (4) Clark County agrees that if any of such lands are sold, 
        leased, or otherwise conveyed by Clark County, such lands shall 
        be sold, leased, or otherwise conveyed for fair market value. 
        Clark County shall contribute 85 percent of the gross proceeds 
        from the sale, lease, or other conveyance of such lands 
        directly to the special account. If any of such lands sold, 
        leased, or otherwise conveyed by Clark County are identified on 
        the map referenced in section 2(a) of the Act entitled ``An Act 
        to provide for the orderly disposal of certain Federal lands in 
        Nevada and for the acquisition of certain other lands in the 
        Lake Tahoe Basin, and for other purposes'', approved December 
        23, 1980 (94 Stat. 3381; commonly known as the ``Santini-Burton 
        Act''), the proceeds contributed to the special account by 
        Clark County from the sale, lease, or other conveyance of such 
        lands shall be used by the Secretary of Agriculture to acquire 
        environmentally sensitive land in the Lake Tahoe Basin pursuant 
        to section 3 of the Santini-Burton Act. Clark County shall 
        contribute 5 percent of the gross proceeds from the sale, 
        lease, or other conveyance of such lands directly to the State 
        of Nevada for use in the general education program of the 
        State, and the remainder shall be available for use by the 
        Clark County Department of Aviation for the benefit of airport 
        development and the Noise Compatibility Program.

SEC. 5. ACQUISITIONS.

  (a) Acquisitions.--
          (1) Definition.--For purposes of this subsection, the term 
        ``environmentally sensitive land'' means land or an interest in 
        land, the acquisition of which the United States would, in the 
        judgment of the Secretary or the Secretary of Agriculture--
                  (A) promote the preservation of natural, scientific, 
                aesthetic, historical, cultural, watershed, wildlife, 
                and other values contributing to public enjoyment and 
                biological diversity;
                  (B) enhance recreational opportunities and public 
                access;
                  (C) provide the opportunity to achieve better 
                management of public land through consolidation of 
                Federal ownership; or
                  (D) otherwise serve the public interest.
          (2) In general.--After the consultation process has been 
        completed in accordance with paragraph (3), the Secretary may 
        acquire with the proceeds of the special account 
        environmentally sensitive land and interests in environmentally 
        sensitive land. Lands may not be acquired under this section 
        without the consent of the owner thereof. Funds made available 
        from the special account may be used with any other funds made 
        available under any other provision of law.
          (3) Consultation.--Before initiating efforts to acquire land 
        under this subsection, the Secretary or the Secretary of 
        Agriculture shall consult with the State of Nevada and with 
        local government within whose jurisdiction the lands are 
        located, including appropriate planning and regulatory 
        agencies, and with other interested persons, concerning the 
        necessity of making the acquisition, the potential impacts on 
        State and local government, and other appropriate aspects of 
        the acquisition. Consultation under this paragraph is in 
        addition to any other consultation required by law.
  (b) Administration.--On acceptance of title by the United States, 
land and interests in land acquired under this subsection that is 
within the boundaries of a unit of the National Forest System, National 
Park System, National Wildlife Refuge System, National Wild and Scenic 
Rivers System, National Trails System, National Wilderness Preservation 
System, any other system established by Act of Congress, or any 
national conservation or national recreation area established by Act of 
Congress--
          (1) shall become part of the unit or area without further 
        action by the Secretary or Secretary of Agriculture; and
          (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit or area.
  (c) Determination of fair market value.--The fair market value of 
land or an interest in land to be acquired by the Secretary or the 
Secretary of Agriculture under this subsection shall be determined 
pursuant to section 206 of the Federal Land Policy and Management Act 
of 1976 and shall be consistent with other applicable requirements and 
standards. Fair market value shall be determined without regard to the 
presence of a species listed as threatened or endangered under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
  (d) Payments in lieu of taxes.--Section 6901(1) of title 31, United 
States Code, is amended as follows:
          (1) By striking ``or'' at the end of subparagraph (F).
          (2) By striking the period at the end of subparagraph (G) and 
        inserting ``; or''.
          (3) By adding at the end the following:
                  ``(H) acquired by the Secretary of the Interior or 
                the Secretary of Agriculture under section 5 of the 
                Southern Nevada Public Land Management Act of 1997 that 
                is not otherwise described in subparagraphs (A) through 
                (G).''.

SEC. 6. REPORT.

  The Secretary, in cooperation with the Secretary of Agriculture, 
shall submit to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Resources of the House of Representatives 
an annual report on all transactions under this section.

SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.

  (a) Transfer of Reversionary Interest.--
          (1) In general.--Upon request by a grantee of lands within 
        Clark County, Nevada, that are subject to a lease or patent 
        issued under the Recreation and Public Purposes Act, the 
        Secretary may transfer the reversionary interest in such lands 
        to other non-Federal lands. The transfer of the reversionary 
        interest shall only be made to lands of equal value, except 
        that with respect to the State of Nevada or a unit of local 
        government an amount equal to the excess (if any) of the fair 
        market value of lands received by the unit of local government 
        over the fair market value of lands transferred by the unit of 
        local government shall be paid to the Secretary and shall be 
        treated under subsection (e)(1) of this section as proceeds 
        from the sale of land. For purposes of this subsection, the 
        fair market value of lands to be transferred by the State of 
        Nevada or a unit of local government may be based upon a 
        statement of value prepared by a qualified appraiser.
          (2) Terms and conditions applicable to lands acquired.--Land 
        selected under this subsection by a grantee described in 
        paragraph (1) shall be subject to the terms and conditions, 
        uses, and acreage limitations of the lease or patent to which 
        the lands transferred by the grantee were subject, including 
        the reverter provisions, under the Recreation and Public 
        Purposes Act.
  (k) Affordable Housing.--The Secretary, in consultation with the 
Secretary of Housing and Urban Development, may make available land in 
the State of Nevada at less than fair market value and under other such 
terms and conditions as he may determine in accordance with local land 
use planning and zoning requirements and recommendations for affordable 
housing purposes. Such lands shall be made available only to State or 
local governmental entities, including local public housing 
authorities. For the purposes of this subsection, housing shall be 
considered to be affordable housing if the housing serves low income 
families as defined under the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12701 et. seq.).

SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL CONSERVATION 
                    AREA.

  Section 3(a)(2) of the Red Rock Canyon National Conservation Area 
Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read 
as follows:
  ``(2) The conservation area shall consist of approximately 195,780 
acres as generally depicted on the map entitled `Red Rock Canyon 
National Conservation Area Administrative Boundary Modification', dated 
August 8, 1996.''.

                          Purpose of the Bill

    The purpose of H.R. 449 is to provide for the orderly 
disposal of certain federal lands in Clark County, Nevada, and 
to provide for the acquisition of environmentally sensitive 
lands in the State of Nevada.

                  Background and Need for Legislation

    H.R. 449 builds on the existing Santini-Burton Act which 
involves the sale of Bureau of Land Management (BLM) lands in 
Clark County, Nevada, and purchase of environmentally sensitive 
lands in Nevada.
    Driven by sustained growth, the Las Vegas/Clark County area 
is among the fastest-growing areas in the United States for the 
past five years. In 1994, the Las Vegas area experienced a gain 
in average annual employment of 53,900, and local government 
issued 25,570 residential building permits. During 1994 and 
1995, several large casino-resorts opened in Las Vegas, adding 
20,100 jobs to the area's economy and over the past eight 
years, local governments have issued more than 160,000 
residential building permits. Clark County now has an estimated 
population of over one million. While the growth rate settled 
to 5.5 percent in 1995 compared with 9.6 percent in 1994, the 
area continues to be the most rapidly growing areas in the 
United States.
    The unprecedented growth has created enormous demands upon 
the BLM in Las Vegas. With an increasing demand for large, 
contiguous tracts of land, the phenomenal growth in the Las 
Vegas area has triggered the greatest demand for public land 
exchanges and other realty transactions in the BLM's history.
    Clark County and other units of local government are 
impacted by the privatization of federal land through the land 
exchange and land sale processes. Large tracts of land in the 
Las Vegas valley continue to be privatized in exchange for land 
elsewhere in the State that is deemed to be ``environmentally 
sensitive'' by various agencies of the federal government. Most 
of the land transferred to federal ownership through these 
exchanges is outside of Clark County. In the last decade, the 
BLM has privatized approximately 17,380 acres of land in Clark 
County. The sale and privatization of these federal lands 
through land exchanges has an enormous impact upon Clark 
County. The land exchange process has forced the local 
government to shoulder the burden of providing essential 
infrastructure, such as roads, water delivery and electricity.
    H.R. 449 establishes a process to provide for the orderly 
disposal of federal lands in Clark County and to provide for 
the acquisition of environmentally sensitive lands in the State 
of Nevada. The Secretary of the Interior and the unit of local 
government in whose jurisdiction the lands are located shall 
jointly select lands to be offered for sale or exchange.
    Legislation in the 104th Congress, H.R. 3127, provided that 
the revenue generated by the sale of these lands would be split 
evenly (50/50) among the federal government and the State and 
local governments. After extensive negotiations with the 
Administration, Congressman John Ensign (R-NV), the author of 
H.R. 3127 and H.R. 449, agreed to change the revenue split. 
Currently, the legislation designates that 85 percent of the 
generated revenue would go to the federal government for 
acquisition of environmentally sensitive lands, a multi-species 
habitat conservation plan for Clark County, open space and park 
development in Clark County and rehabilitation of existing 
federal facilities, such as Red Rock National Conservation Area 
or Lake Mead National Recreation Area. The remaining 15 percent 
would remain in the State of Nevada, with 10 percent being used 
by the Southern Nevada Water Authority to offset a $1.7 billion 
water delivery system for the Las Vegas valley and 5 percent 
directed to the State of Nevada general education fund.

                            Committee Action

    H.R. 449 was introduced on January 20, 1997, by Congressman 
John Ensign. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On March 13, 1997, the 
Subcommittee held a hearing on H.R. 449, where the Subcommittee 
received testimony from State and local officials who testified 
in full support of H.R. 449. The testimony described the growth 
problems facing the Las Vegas valley and the past problems with 
the land exchange process. The Administration, through Deputy 
Director of the BLM Matt Millenbach, testified in support of 
H.R. 449 and the concept of selling these federal lands at open 
auction to obtain fair market value for these assets. On April 
10, 1997, the Subcommittee met to mark up H.R. 449. An 
amendment in the nature of a substitute was offered by 
Congressman Ensign, and adopted by voice vote. The amendment 
satisfied many of the concerns of the Administration and the 
minority party Members of the Subcommittee and made mostly 
technical changes to the bill. The primary change eliminated 
any environmental waivers in regard to the 38 acres of land 
being transferred for youth recreational purposes. The bill was 
then ordered favorably reported to the Full Committee by voice 
vote. On April 16, 1997, the Full Resources Committee met to 
consider H.R. 449. Several technical amendments offered en bloc 
by Congressman Ensign were adopted by voice vote. The bill as 
amended was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis

                         section 1. short title

    This section designates the title of the Act as the 
Southern Nevada Public Land Management Act of 1997.

                    section 2. findings and purpose

    This section enumerates the following Congressional 
findings: (1) the BLM has extensive land ownership in small and 
large parcels interspersed with or adjacent to private land in 
the Las Vegas valley, making many of these parcels difficult to 
manage and more appropriate for disposal; (2) in order to 
promote responsible and orderly development in the Las Vegas 
valley, certain of those federal lands should be sold or 
exchanged by the federal government based on recommendations 
made by local government and the public; and (3) the Las Vegas 
metropolitan area is the fastest growing urban area in the 
United States which is causing significant impacts upon the 
Lake Mead National Recreation Area, the Red Rock Canyon 
National Conservation Area, and the Spring Mountains National 
Recreation Area, which surround the Las Vegas valley.
    Section 2 states that the purpose of this Act is to provide 
for the orderly disposal of certain federal lands in Clark 
County, Nevada, and to provide for the acquisition of 
environmentally sensitive lands in the State of Nevada.

                         section 3. definitions

    This section defines six terms as they are used throughout 
the Act.

                    Section 4. Disposal and Exchange

    This section directs the Secretary of the Interior to 
dispose of BLM land in the Las Vegas valley as shown on the map 
accompanying this Act. Due to the lack of legal descriptions 
for current wilderness study areas surrounding the disposal 
area, it is the intent of the Committee that no lands 
designated as wilderness study areas be included within the 
disposal boundary. The Committee urges the BLM to identify 
those areas where wilderness study lands about the disposal 
area and insure that these potential wilderness areas are not 
transferred under this Act. It allows the State of Nevada or a 
unit of local government to reserve BLM land for local public 
purposes before it is sold or exchanged under this Act; if such 
land ceases to be used for public purposes it shall revert to 
the federal government. The BLM is also directed to issue 
right-of-way grants across federal land to local government 
entities for the development of water or wastewater 
distribution systems and for flood control management; such 
right-of-way grants would be issued in perpetuity and would not 
require the payment of rental fees. This section also directs 
the BLM to make land available for certain youth activity 
facilities. It also withdraws all lands identified for disposal 
from location, entry, and patent under the mining laws. Lastly, 
Subsection (d) requires joint selection of the public lands 
available for disposal. The Secretary and local government 
shall work together to identify the lands to be sold or 
exchanged. The disposal actions must be consistent with local 
land use plans and disposal actions shall be coordinated with 
the local government.
    Section 4 also directs that the proceeds of federal land 
sales and exchanges be deposited in a special account to be 
shared among federal, state, and local government for specified 
purposes. The federal share (85 percent) is for use by the 
Secretary of the Interior in consultation with the Secretary of 
Agriculture (U.S. Forest Service) for the acquisition of 
environmentally sensitive land in the State of Nevada and for 
infrastructure needs at the Lake Mead National Recreation Area, 
the Red Rock Canyon National Conservation Area and other BLM 
administered areas in southern Nevada, and the Spring Mountains 
National Recreation Area. The federal share may also be used 
for the development of a multi-species habitat conservation 
plan and the development of parks, trails, and natural areas in 
southern Nevada pursuant to a cooperative agreement with a unit 
of local government. The state share (5 percent) is for use in 
the general education program of the State. The local share (10 
percent) is for use by the Southern Nevada Water Authority for 
water treatment and transmission facility infrastructure 
development.
    This Section also transfers title to all BLM land 
associated with the McCarran Airport Noise Compatibility 
Program to Clark County, Nevada. The management of these lands 
by Clark County would be subject to Federal Aviation 
Administration regulations and an existing agreement between 
the BLM and Clark County. If Clark County were to sell, lease 
or otherwise convey any of these lands that had previously been 
identified for sale under the Santini-Burton Act, Clark County 
would be required to contribute 85 percent of all proceeds to 
the special account for the purpose of acquiring 
environmentally sensitive land in the Lake Tahoe Basin pursuant 
to the Santini-Burton Act.
    The language contained in Subsection (e)(2)(b) affects the 
land exchanges that are currently being processed where the 
initial ``agreement to initiate'' was signed prior to February 
29, 1996. Most of the provisions of this Act do not apply to 
these ongoing land exchange transactions. The provisions that 
do apply are contained in Subsections (a), (b) and (e) of 
Section 4. Subsections (a) and (b) authorize the disposal of 
lands and recognize certain authorization opportunities for 
recreation and public purposes and rights-of-way. Subsection 
(e) deals with the distribution of the proceeds including the 
payment, by the non-federal exchange party, of 15 percent of 
the value of the public lands involved to the local government. 
This provision assures the payment to local government by both 
the current and future exchange proponents.
    Based on this language, the land exchange proponent 
involved in a current or future transaction will be responsible 
for the payment of 15 percent of the value of the public lands 
to the local government. It is the intent of the Committee that 
an existing exchange proponent will provide 85 percent of the 
value of exchange lands to the BLM and 15 percent of the value 
to the State and local government pursuant to Subsection 
(e)(2)(A) of Section 4 and the BLM shall provide 100 percent of 
value to the exchange proponent in the form of land or cash 
equalization.
    Subsection 4(g) contains provisions for the conveyance of 
public lands to Clark County that are located within the 
airport environs agreement. As is the case with the public 
lands involved in this bill, it is the intent that these lands 
in turn will be transferred as soon as practicable to private 
ownership by the County with appropriate use restrictions or 
covenants to assure uses that are compatible with airport noise 
standards. The lands or interest therein are to be sold, leased 
or otherwise conveyed at fair market value.

                        Section 5. Acquisitions

    This Section defines environmentally sensitive land as land 
that would promote the preservation of natural, scientific, 
aesthetic, historical, cultural, watershed, wildlife, and other 
values contributing to public enjoyment and biological 
diversity, enhance recreational opportunities and public 
access; provide the opportunity to achieve better management of 
public land through consolidation of federal ownership; or 
otherwise serve the public interest. The Section requires the 
appropriate federal land management agency to consult with the 
State of Nevada and with local government concerning the 
necessity of making the acquisition and the potential impacts 
on State and local government. It is the intent of the 
Committee that when acquiring lands, priority first be given to 
Clark County and then to the Lake Tahoe area by the Secretaries 
of Interior and Agriculture. The Section also requires that the 
appraised fair market value of the land to be acquired be 
determined by an appraisal made under the Federal Land Policy 
and Management Act. Finally, the Section requires that any land 
acquired by the federal government be subject to the Payment in 
Lieu of Taxes program administered by the Department of the 
Interior and the U.S. Forest Service.

                           Section 6. Report

    This section requires the Secretary of the Interior, in 
cooperation with the Secretary of Agriculture, to submit an 
annual report to the appropriate Congressional committees on 
all transactions carried out under the Act.

             Section 7. Recreation and Public Purposes Act

    Section 7 provides for the Secretary to make public lands 
available for affordable housing after consultation with the 
Secretary of Housing and Urban Development. The lands can be 
conveyed at less than market value but may only be conveyed to 
State and local jurisdictions. The intent of this section is to 
allow local government to purchase public lands that are 
identified for land disposal by the BLM in land use plans.

     Section 8. Boundary Modification of Red Rock Canyon National 
                           Conservation Area

    This section modifies the boundaries of the Red Rock Canyon 
National Conservation Area to exclude a proposed flood control 
detention basin and diversion channel.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grants Congress the authority 
to enact H.R. 449.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 449. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
449 does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. The 
bill will increase offsetting receipts to the federal 
government by approximately $70 million in fiscal year 1998, 
with total receipts at about $350 million over the 1998-2002 
period. In addition, the bill increases direct spending.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 449.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 449 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 23, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 449, the Southern 
Nevada Public Land Management Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 449--Southern Nevada Public Land Management Act of 1997

    Summary: H.R. 449 would authorize the Secretary of the 
Interior to dispose of certain federally owned lands in Clark 
County, Nevada, and use the proceeds to purchase 
environmentally sensitive land and for certain other 
activities. CBO estimates that enacting the bill would increase 
offsetting receipts to the government from asset sales by about 
$70 million in fiscal year 1998, and by a total of about $350 
million over the 1998-2002 period. In addition, we estimate 
that enacting the bill would increase direct spending by $20 
million in fiscal year 1998, and by $287 million over the 1998-
2002 period. Because enacting H.R. 449 would affect direct 
spending, pay-as-you-go procedures would apply to the bill.
    H.R. 449 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA) and would impose no costs on state, local, or tribal 
governments. The state of Nevada, Clark County, and the 
Southern Nevada Water Authority would benefit from various 
provisions of this bill.

Description of the bill's major provisions

    H.R. 449 would:
          provide that 85 percent of the gross proceeds from 
        the sale of certain federal land in Clark County, 
        Nevada, be placed in a special account in the Treasury; 
        interest on the principal would be added to that 
        account, and amounts in the special account would be 
        available to the Secretary of the Interior, without 
        further appropriation, to acquire environmentally 
        sensitive land and for certain other purposes;
          provide that of the gross proceeds from sale of those 
        lands, 5 percent shall be paid directly to the state of 
        Nevada and 10 percent shall be paid directly to the 
        Southern Nevada Water Authority for certain purposes;
          require that the nonfederal party pay the state of 
        Nevada and the Southern Nevada Water Authority 5 
        percent and 10 percent (respectively) of the fair 
        market value of the federal lands exchanged under 
        section 4;
          waive the fees for right-of-way grants issued on 
        federal lands in Clark County, Nevada, upon application 
        by a unit of local government or regional government 
        entity;
          direct the Secretary to offer, within 30 days after a 
        request by Clark County, Nevada, certain land for the 
        construction of youth activity facilities;
          direct the Secretary to transfer without 
        consideration, upon the request of Clark County, 
        Nevada, all right, title, and interest of the United 
        States in and to the airport environs overlay district 
        lands identified in an agreement between the Bureau of 
        Land Management (BLM) and Clark County; if the county 
        subsequently conveys that land to a third party, the 
        county would be required to contribute 85 percent of 
        the gross proceeds from the conveyance to the BLM 
        special account;
          provide that any land acquired by the federal 
        government under Section 5 of H.R. 449 be included in 
        the payments in lieu of taxes (PILT) calculation;
          authorize the Secretary to transfer the reversionary 
        interest in federal lands in Clark County, Nevada, 
        subject to a lease or patent under the Recreation and 
        Public Purposes Act to other nonfederal lands; if the 
        fair market value of the nonfederal lands were less 
        than that of the federal lands under the original lease 
        or patent, the bill would require the unit of local 
        government to pay the difference to the Secretary of 
        the Interior;
          authorize the Secretary to make available any federal 
        land in Nevada at less than fair market value for 
        affordable housing purposes; and
          modify the boundaries of the Red Rock Canyon National 
        Conservation Area to include an additional acreage.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 449 is shown in the table below. The 
bill also could affect spending subject to appropriation, but 
CBO estimates that any changes in discretionary spending would 
be less than $500,000 a year.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal years, in millions of dollars--  
                                                                 -----------------------------------------------
                                                                   1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
                                            CHANGE IN DIRECT SPENDING                                           
                                                                                                                
Estimated budget authority......................................       0      70      73      74      74      74
Estimated outlays...............................................       0      20      50      70      73      74
                                                                                                                
                                             ASSET SALE RECEIPTS \1\                                            
                                                                                                                
Estimated budget authority......................................       0     -70     -7O     -70     -70     -70
Estimated outlays...............................................       0     -70     -70     -70     -70     -70
----------------------------------------------------------------------------------------------------------------
\1\ Under the 1997 budget resolution, proceeds from asset sales are counted in budget totals for purposes of    
  Congressional scorekeeping. Under the Balanced Budget Act, however, proceeds from asset sales are not counted 
  in determining compliance with the discretionary spending limits or pay-as-you-go requirement.                

    The costs of this legislation fall within budget function 
300 (natural resources and the environment).

Basis of estimate

            Direct spending and asset sale receipts
    Under current law, the Secretary of the Interior has the 
authority to dispose of federal lands on the Las Vegas Valley, 
Nevada, Land Disposal Map specified in H.R. 449. The 
department's current policy is to dispose of the land by 
exchanging it for environmentally sensitive land of equal 
value. Such exchanges generate no receipts to the Treasury. 
Because the bill would authorize the Secretary of the Interior 
to spend a portion of the proceeds from sale of the land, 
without further appropriation, enacting the bill would likely 
result in sale of the federal lands rather than exchange. Such 
sales would be considered nonroutine asset sales.
    Based on information from BLM and Clark County, roughly 
27,000 acres of federal land on the Las Vegas Valley, Nevada, 
Land Disposal Map specified in H.R. 449 would be suitable for 
sale, after accounting for local government selections under 
the Recreation and Public Purposes Act and other restrictions 
on land within the disposal area. The proceeds from sale of the 
land are highly uncertain and would depend on many factors 
including: mutual agreement between BLM and the units of local 
government in selecting the lands to be offered for sale, how 
quickly the land is sold, the number of acres sold in each 
transaction, and the general real estate market in Clark 
County. CBO estimates that proceeds would be about $70 million 
annually and would total about $350 million over the fiscal 
year 1998-2002 period.
    Section 4 of the bill provides that of the gross proceeds 
from sale of land, 5 percent shall be paid directly to the 
state of Nevada and 10 percent shall be paid directly to the 
Southern Nevada Water Authority. CBO estimates that these 
payments would total about $10 million per year, or about $50 
million over the 1998-2002 period.
    Section 4 would place 85 percent of the gross proceeds from 
sale of federal land identified on the Las Vegas Valley, 
Nevada, Land Disposal Map in a special account in the Treasury. 
The bill provides that interest be added to the principal in 
the special account; such interest payments would not affect 
receipts to the Treasury, but it would increase the funds 
available in the special account. Amounts in the special 
account would be available to the Secretary of the Interior, 
without further appropriation, to spend for acquisition of 
environmentally sensitive lands, capital improvements at 
certain national recreation areas and refuges, development of a 
conservation plan in Clark County, development of parks and 
trails, and reimbursement of the agency costs incurred in 
arranging the land disposal. CBO estimates that spending from 
the special account would total $10 million in fiscal year 
1998, and $237 million over the 1998-2002 period.
    Under the Balanced Budget Act, proceeds from nonroutine 
asset sales may not be used to offset any additional direct 
spending in a bill. Therefore, for purposes of pay-as-you-go 
scorekeeping under that act, CBO estimates that enacting the 
bill would increase direct spending by $20 million in fiscal 
year 1998, and by a total of $287 million over the 1998-2002 
period. Under the 1997 budget resolution, however, asset sale 
receipts are counted in budget totals for purposes of 
Congressional scorekeeping. For purposes of Congressional 
scorekeeping, CBO estimates that enacting the bill would result 
in net budgetary savings of $50 million in fiscal year 1998, 
and net savings of $63 million over the 1998-2002 period.
    A number of other provisions in the bill could affect 
direct spending, but CBO estimates that for most of those other 
provisions any change in direct spending would be 
insignificant. In two cases (described below), the impact could 
be significant, but we have no basis for estimating the amounts 
of potential changes.
    Section 4 would direct the Secretary of the Interior to 
offer to Clark County, Nevada, the land, depicted on the map 
entitled ``Vicinity Map Parcel 177-28-101-020 dated August 14, 
1996,'' for the construction of youth activity facilities. 
Section 4 also provides that, upon request of Clark County, the 
Secretary shall transfer to the county certain land in the 
Airport Environs Overlap District. Based on information from 
BLM, under current law these federal lands will be unlikely to 
generate receipts of the Treasury. Therefore, CBO estimates 
that enacting these provisions probably would not affect direct 
spending. If the county subsequently conveys the land in the 
Airport Environs Overlay District, the conveyance must be at 
fair market value, and the county must contribute 85 percent of 
the gross proceeds from the conveyance to the special account 
in the Treasury. This provision could affect offsetting 
receipts, but CBO cannot predict if or when such a conveyance 
might occur.
    Section 7 of the bill would authorize the Secretary of the 
Interior, in consultation with the Secretary of Housing and 
Urban Development, to make available any land in the state of 
Nevada at less than fair market value for affordable housing 
purposes. Enacting this provision could result in a loss of 
receipts if federal land which would have been sold at fair 
market value were now sold for something less than fair market 
value; the provision could also increase receipts if it caused 
additional sales. CBO has no basis for predicting which federal 
lands might be sold under this provision or the price at which 
they might be sold. Therefore, we cannot estimate the budgetary 
effect of this provision.
            Spending subject of appropriation
    H.R. 449 provides that the entitlement lands used to 
calculate payments in lieu of taxes (PILT) to units of local 
government include any lands acquired by the federal government 
under section 5 of the bill. Calculation of PILT is based on 
the amount of federally owned acreage, subject to a population 
cap. Enacting H.R. 449 could increase the total number of 
federally owned acres, since the fair market value of the BLM 
land to be disposed of in Clark County may be higher than that 
of the environmentally sensitive land acquired under this bill, 
but according to BLM, Clark County's PILT is already subject to 
a population cap.
    Therefore, we estimate that enacting H.R. 449 would not 
affect PILT to Clark County. Since the bill would direct the 
Secretary of the Interior to give priority to the acquisition 
of environmentally sensitive lands in Clark County, we estimate 
that the bill would be unlikely to affect PILT to other units 
of local government significantly. Any changes to PILT would be 
subject to appropriation.
    H.R. 449 would modify the boundaries of the Red Rock Canyon 
National Conservation Area to include additional acreage. Based 
on information from BLM, CBO estimates that the agency would 
incur costs to manage the additional acreage, but that any 
effect on discretionary spending would total less than $100,000 
per year.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts through 1998. Under that act, proceeds from 
nonroutine asset sales may not be used to offset any additional 
direct spending in a bill. For reasons of pay-as-you-go 
scorekeeping, CBO estimates that enacting H.R. 449 would 
increase direct spending by about $20 million in fiscal year 
1998.
    Estimated impact on State, local, and tribal governments: 
H.R. 449 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act of 1995 (UMRA) and would 
impose no costs on state, local, or tribal governments.
    The state of Nevada, Clark County, and the Southern Nevada 
Water Authority would benefit from various provisions of this 
bill. As noted above, CBO estimates that payments to the state 
and to the authority out of the proceeds of land sales would 
total abut $50 million over the fiscal year 1998-2002 period. 
In addition, the bill would allow local governments in Clark 
County to receive right-of-way grants on federal lands without 
paying fees that may be charged under current law. CBO 
estimates that this provision would allow these governments to 
avoid fees totaling less than $50,000 per year.
    H.R. 449 would give the local government in whose 
jurisdiction these lands are coated (Clark County, in most 
cases) joint authority, along with the federal government, to 
select lands to be offered for sale. This would allow local 
governments to control the pace and direction of private 
development and limit the demand for public facilities
    Also included in the bill are several provisions that would 
allow the state and local governments in Clark County to obtain 
federal lands at little or no cost. These include the provision 
directing the Secretary of Interior to transfer certain lands 
in the Airport Environs Overlay District to Clark County. 
According to county officials, this transfer would ease the 
administrative burden of managing the development of these 
lands. In addition, under the terms of this bill, the county 
could convey this land to private parties and retain 15 percent 
of the proceeds. The remaining proceeds would have to be turned 
over to the federal government. CBO is unable to predict if or 
when such a conveyance might occur.
    Estimated impact on the private sector: The bill would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Victoria V. Heid. 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 449 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

              SECTION 6901 OF TITLE 31, UNITED STATES CODE

          * * * * * * *

Sec. 6901. Definitions

  In this chapter--
          (1) ``entitlement land'' means land owned by the 
        United States Government--
                  (A)  * * *
          * * * * * * *
                  (F) that is located in the vicinity of 
                Purgatory River Canyon and Pinon Canyon, 
                Colorado, and acquired after December 23, 1981, 
                by the United States Government to expand the 
                Fort Carson military installation; [or]
                  (G) that is a reserve area (as defined in 
                section 401(g)(3) of the Act of June 15, 1935 
                (16 U.S.C. 715s(g)(3)))[.] ; or
                  (H) acquired by the Secretary of the Interior 
                or the Secretary of Agriculture under section 5 
                of the Southern Nevada Public Land Management 
                Act of 1997 that is not otherwise described in 
                subparagraphs (A) through (G).
          * * * * * * *
                              ----------                              


      SECTION 3 OF THE RED ROCK CANYON NATIONAL CONSERVATION AREA 
                       ESTABLISHMENT ACT OF 1990

SEC. 3. ESTABLISHMENT OF THE CONSERVATION AREA.

  (a) In General.--(1) * * *
          * * * * * * *
  [(2) The conservation area shall consist of approximately 
195,610 acres as generally depicted on a map entitled ``Red 
Rock Canyon National Conservation Area--Proposed Expansion'', 
numbered NV-RRCNCA-002, and dated July 1994.]
  (2) The conservation area shall consist of approximately 
195,780 acres as generally depicted on the map entitled ``Red 
Rock Canyon National Conservation Area Administrative Boundary 
Modification'', dated August 8, 1996.
          * * * * * * *