[House Report 106-515]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-515

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 PROVIDING FOR THE CONSIDERATION OF H.R. 1695, IVANPAH VALLEY AIRPORT 
                       PUBLIC LANDS TRANSFER ACT

                                _______
                                

   March 8, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H.Res. 433]

    The Committee on Rules, having had under consideration 
House Resolution 433, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for the consideration of H.R. 1695, 
the Ivanpah Valley Airport Public Lands Transfer Act, under an 
open rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Resources.
    The rule waives all points of order against consideration 
of the bill. The rule also makes in order the Committee on 
Resources amendment in the nature of a substitute, now printed 
in the bill, as an original bill for the purpose of amendment, 
which shall be open for amendment at any point. The rule waives 
all points of order against the committee amendment in the 
nature of a substitute.
    The rule provides that the amendment printed in this report 
shall be considered as read and shall not be subject to a 
demand for a division of the question in the House or in the 
Committee of the Whole. The rule allows the Chairman of the 
Committee of the Whole to postpone votes during consideration 
of the bill and to reduce voting time to five minutes on a 
postponed question if the vote follows a fifteen minute vote.
    Members who have preprinted their amendments in the 
Congressional Record prior to their consideration will be given 
priority in recognition to offer their amendments if otherwise 
consistent with House rules. Finally, the rule provides for one 
motion to recommit, with or without instructions.
    The waiver of all points of order against consideration of 
the bill is necessary because section 2(c) of the bill is in 
violation of Section 302 (prohibiting consideration of 
legislation providing new budget authority in excess of a 
committee's 302 allocation of such authority) and Section 303 
(prohibiting consideration of legislation, as reported, 
providing new budget authority, changes in revenues, or changes 
in the public debt for a fiscal year until the budget 
resolution for that year has been agreed to) of the 
Congressional Budget Act. The waiver of all points of order 
against the committee amendment in the nature of a substitute 
is necessary because section 2(c) of the committee amendment in 
the nature of a substitute is in violation of clause 4 of Rule 
XXI (prohibiting appropriations in legislative bills) in that 
it provides for payment for lands to be deposited into an 
account that allows funds to be spent without prior 
appropriation. The en bloc amendment made in order under the 
rule would make changes remedying these violations.

           summary of amendment made in order under the rule

    Ensures that the land conveyed is subject to valid existing 
rights; clarifies the treatment of the proceeds of the sale of 
the land, as requested by the Budget Committee; makes a 
technical change to the reversionary language to ensure that if 
the airport is not able to be constructed, the sales price can 
be refunded and the U.S. can reclaim the title to the land; 
makes the Secretary of the Interior a joint lead (with 
Transportation) for environmental review of the initial 
planning and construction of the airport.
    * Amendment summary provided by amendment sponsor.

             text of amendment made in order under the rule

 1. An Amendment To Be Offered by Representative Hansen of Utah, or a 
                                Designee

    Page 2, line 12, after ``section'' insert ``and valid 
existing rights''.
    Page 3, strike line 22 and insert the following: 
``Management Act of 1998 (112 Stat. 2345). The second sentence 
of section 4(f) of such Act (112 Stat. 2346) shall not apply to 
interest earned on amounts deposited under this paragraph.''.
    Page 3, strike line 23 and all that follows through page 4, 
line 14, and insert the following:
    ``(d) Reversion and Reentry.--If, following completion of 
compliance with section 5 of this Act, the Federal Aviation 
Administration and the County determine that an airport cannot 
be constructed on the conveyed lands--
          ``(1) the Secretary of the Interior shall immediately 
        refund to the County all payments made to the United 
        States for such lands under subsection (c); and
          ``(2) upon such payment--
                  ``(A) all right, title, and interest in the 
                lands conveyed to the County under this Act 
                shall revert to the United States; and
                  ``(B) the Secretary may reenter such 
                lands.''.
    Page 5, strike line 16 and all that follows through line 19 
and insert the following:
    ``Prior to construction of an airport facility on lands 
conveyed under section 2, all actions required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to initial planning and construction shall 
be completed by the Secretary of Transportation and the 
Secretary of the Interior as joint lead agencies.''.

                                  
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