[Senate Report 106-134]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 246
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-134

======================================================================



 
                            MESQUITE, NEVADA

                                _______
                                

                 August 3, 1999.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1330]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1330) to give the city of Mesquite, 
Nevada, the right to purchase at fair market value certain 
parcels of public land in the city, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                         Purpose of the Measure

    The purpose of S. 1330 is to authorize the city of 
Mesquite, Nevada, to acquire public land for urban economic 
growth and for the development of a new commercial airport.

                          Background and Need

    Mesquite is the one of the fastest growing cities in the 
Nation. The tourism industry in the area is growing at a rapid 
rate. A new commercial airport is needed to meet the future 
regional demands. The proposed airport site is a result of an 
approved site selection study which was funded through, and 
approved by, the Federal Aviation Administration.
    The city of Mesquite is land-locked by public lands. While 
some relief has been provided in Public Law 99-548, the growth 
requirements are exceeding demand and the city expects to be 
out of room within a couple of years.
    S. 1330 authorizes the city of Mesquite, Nevada, to acquire 
approximately 7,690 acres of public land. The bill amends P.L. 
99-548 to authorize the purchase, at fair market value, of 
5,400 acres of public land for the urban growth of the city, 
and a 2,560 acre site for the development of a new commercial 
airport site which would be acquired by the city at no cost 
pursuant to 49 USC 47125.

                          Legislative History

    S. 1330 was introduced by Senator Reid on July 1, 1999. The 
Subcommittee on Forest and Public Land Management held a 
hearing on S. 1330 on July 13, 1999. At the business meeting on 
July 28, 1999, the Committee on Energy and Natural Resources 
ordered S. 1330 favorably reported without amendment.

           Committee Recommendations and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 28, 1999, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1330, without amendment.

                      Section-by-Section Analysis

    Section 1 amends section 3 of Public Law 99-548 by adding 
at the end the following new subsections (e) and (f):
    Subsection (e)(1) gives exclusive right to the city of 
Mesquite for a period of 12 years, to purchase specified 
parcels of land.
    Paragraph (2) describes the parcels of land.
    Paragraph (3) requires that within 10 years the city of 
Mesquite shall notify the Secretary which parcels the city 
intends to purchase.
    Paragraph (4) requires that within one year of notification 
by the city, the Secretary will convey the parcels.
    Paragraph (5) withdraws the parcels described in paragraph 
(2) for 12 years from all forms of entry and appropriation.
    Paragraph (6) requires that the proceeds for the sale of 
each parcel to be deposited in the special account established 
in the Southern Nevada Public Land Management Act of 1998 and 
disposed of as provided in that Act.
    Subsection (f)(1) requires the Secretary, within one year 
of the date of enactment, to convey 2,560 acres of public land 
in accordance with section 47125 of title 49, United States 
Code, to city of Mesquite, Nevada.
    Paragraph (2) describes the parcels of land to be conveyed.
    Paragraph (3) which withdraws the parcels described in 
paragraph (2) for 12 years from all forms of entry and 
appropriations.

                    Cost and Budgetary Consideration

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1330.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1330, as ordered reported.

                        Executive Communications

    On July 28, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1330. These 
reports had not been received at the time the report on S. 1330 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Forest 
Service at the Subcommittee hearing follows:

     Statement of Larry Finfer, Assistant Director, Bureau of Land 
                               Management

    Mr. Chairman, members of the subcommittee, I appreciate the 
opportunity to appear before you today to testify on two bills, 
S. 1329--Nye County Land Acquisition Act and S. 1330--Mesquite 
Airport Federal Land Transfer Act. Combined, these bills would 
convey 8,760 acres out of the public domain and into local 
government management. While the Bureau supports the general 
intent of these bills, to provide opportunities for these small 
Nevada communities to expand, we oppose the legislative 
conveyance and believe the objectives can be accomplished 
within existing administrative authorities.
    The BLM has not received any requests from Nye County or 
the City of Mesquite to discuss administrative solutions or 
options to provide land for the proposed uses and facilities. 
The information on which our testimony is based comes only from 
our reading of the recently introduced legislation and 
newspaper reports.
    BLM has several options available to support community 
expansion. Some of the conveyance options available to BLM in 
lieu of the proposed legislation include land sales, exchanges, 
airport leases, and the Recreation and Public Purposes Act 
(R&PP) Act authorizes the sale or lease of public lands for 
specified recreational or public purposes to eligible State and 
local governments. Situations where the R&PP Act can be applied 
include proposed campgrounds, schools, fire stations, 
landfills, parks and other similar county and community 
facilities. Another option, an airport lease, could be pursued 
for the Mesquite airport corridor with the proper application 
submission. Under this scenario, Mesquite would pay 50% of the 
fair market value for the land. This is consistent with current 
airport lease applications at the Henderson Executive and Jean 
Airports, also in Clark County.
    S. 1329, the Nye County Land Acquisition Act proposes two 
separate land actions. It proposes to convey 450 acres of 
public lands (to the county), at no cost, for a Nevada Science 
and Technology Center and 350 acres at fair market value for 
the development of a business park to support Department of 
Energy contractors and suppliers associated with the Nevada 
Test Site.
    The 450 acres for the Technology Center are identified for 
disposal under BLM's RMP. We may be able to convey the 
Technology Center properties to Nye County for 50% of fair 
market value under the authority of the R&PP Act. We would need 
additional information about the intended use of the facility 
to determine if the R&PP Act authorities would apply. This 
information would include a draft development plan and 
statement of proposed use for the land.
    The 350 acres proposed for the business park have been 
identified for disposal under BLM's October 1998 Las Vegas 
Resource Management Plan (RMP) and the Bureau would support 
sale of this property at fair market value within our existing 
authorities and guidelines.
    This bill provides that all proceeds from the sale of these 
lands will be deposited in a special account established under 
the Southern Nevada Public Land Management Act of 1998 
(SNPLMA). Under this provision, BLM would not be able to 
recover administrative costs for processing these disposal 
actions. The SNPLMA currently allows administrative costs to be 
funded from the special account, but only within the disposal 
boundary identified by the SNPLMA. We would recommend amending 
the bill to allow the BLM to recover administrative costs for 
the disposal actions in Nye County.
    S. 1330, the Mesquite Airport Federal Land Transfer Act 
provides the City of Mesquite the exclusive right to purchase 
multiple parcels of public lands for commercial purposes (5,400 
acres) and development/expansion of an airport corridor (2,500 
acres).
    Most of the lands proposed for conveyance under this bill 
have not been identified for disposal under BLM's October 1998 
Las Vegas RMP. The RMP identified only 4 parcels of the 29 
identified in this bill as suitable for disposal. The Bureau 
supports the sale of these 4 parcels identified for disposal at 
fair market value. However, actions regarding the remaining 
parcels should await future completion of land use plan 
decisions.
    The BLM has two additional concerns for lands not 
identified for disposal within the Mesquite area. First, the 
Federal Aviation Administration has not completed a suitability 
assessment for the airport site to determine its 
appropriateness for aviation use. Further, development of the 
Mesquite parcels could affect endangered fish that inhabit the 
Virgin River.
    This bill also provides that all parcels from the sale of 
these lands will be deposited in a special account under the 
Southern Nevada Public Land Management Act of 1998 (SNPLMA). 
Under this provision, BLM would not be able to recover 
administrative costs for processing of these disposal actions. 
As we previously noted, the SNPLMA currently allows 
administrative costs to be funded from the special account, but 
only within the disposal boundary identified by the SNPLMA. We, 
again, would recommend amending the bill to allow the BLM to 
recovery administrative costs for the disposal actions in the 
Mesquite area.


                              conclusions


    The BLM and the Department do not support conveyance of 
public lands outside of existing authorities. Moreover, these 
bills create an additional workload for a lands and realty 
program that has an existing backlog of other land use 
authorization applications. The preferred approach would be to 
process these actions using current authorities. We are willing 
to work with the subcommittee to explore other options that 
might meet the needs of Nye County and the City of Mesquite.
    That concludes my testimony. I would be glad to respond to 
any questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1330, as ordered 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):

                    THE MESQUITE LANDS ACT OF 1988

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SEC. 3. NOTIFICATION AND SALE PERIODS.

    (a) First Area.--* * *

           *       *       *       *       *       *       *

    (e) Fifth Area.--
          (1) Right to purchase.--For a period of 12 years 
        after the date of enactment of this Act, the city of 
        Mesquite, Nevada, shall have the exclusive right to 
        purchase the parcels of public land described in 
        paragraph (2).
          (2) Land description.--The parcels of public land 
        referred to in paragraph (1) are as follows:
                  (A) In T. 13 S., R. 70 E., Mount Diablo 
                Meridian, Nevada:
                          (i) The portion of sec. 27 north of 
                        Interstate Route 15.
                          (ii) Sec. 28: NE\1/4\, S\1/2\ (except 
                        the Interstate Route 15 right-of-way).
                          (iii) Sec. 29: E\1/2\ NE\1/4\ SE\1/4\ 
                        SE\1/4\ SE\1/4\.
                          (iv) The portion of sec. 30 south of 
                        Interstate Route 15.
                          (v) The portion of sec. 31 south of 
                        Interstate Route 15.
                          (vi) Sec. 32: NE\1/4\ NE\1/4\ (except 
                        the Interstate Route 15 right-of-way), 
                        the portion of NW\1/4\ NE\1/4\ south of 
                        Interstate Route 15, and the portion of 
                        W\1/2\ south of Interstate Route 15.
                          (vii) The portion of sec. 33 north of 
                        Interstate Route 15.
                  (B) In T. 14 S., R. 70 E., Mount Diablo 
                Meridian, Nevada:
                          (i) Sec. 5; NW\1/4\.
                          (ii) Sec. 6: N\1/2\.
                  (C) In T. 13 S., R. 69 E., Mount Diablo 
                Meridian, Nevada:
                          (i) The portion of sec. 25 south of 
                        Interstate Route 15.
                          (ii) The portion of sec. 26 south of 
                        Interstate Route 15.
                          (iii) The portion of sec. 27 south of 
                        Interstate Route 15.
                          (iv) Sec. 28: SW\1/4\ SE\1/4\.
                          (v) Sec. 33: E\1/2\.
                          (vi) Sec. 34.
                          (vii) Sec. 35.
                          (viii) Sec. 36.
          (3) Notification.--Not later than 10 years after the 
        date of enactment of this subsection, the city shall 
        notify the Secretary which of the parcels of public 
        land described in paragraph (2) the city intends to 
        purchase.
          (4) Conveyance.--Not later than 1 year after 
        receiving notification from the city under paragraph 
        (3), the Secretary shall convey to the city the land 
        selected for purchase.
          (5) Withdrawal.--Subject to valid existing rights, 
        until the date that is 12 years after the date of 
        enactment of this subsection, the parcels of public 
        land described in paragraph (2) are withdrawn from all 
        forms of entry and appropriation under the public land 
        laws, including the mining laws, and from operation of 
        the mineral leasing and geothermal leasing laws.
          (6) Use of proceeds.--The proceeds of the sale of 
        each parcel--
                  (A) shall be deposited in the special account 
                established under section 4(e)(1)(C) of the 
                Southern Nevada Public Land Management Act of 
                1998 (112 Stat. 2345); and
                  (B) shall be disposed of by the Secretary as 
                provided in section 4(e)(3) of that Act (112 
                Stat. 2346).
    (f) Sixth Area.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this subsection, the Secretary shall 
        convey to the city of Mesquite, Nevada, in accordance 
        with section 47125 of title 49, United States Code, up 
        to 2,560 acres of public land to be selected by the 
        city from among the parcels of land described in 
        paragraph (2).
          (2) Land description.--The parcels of land referred 
        to in paragraph (1) are as follows:
                  (A) In T. 13 S., R. 69 E., Mount Diablo 
                Meridian, Nevada:
                          (i) The portion of sec. 28 south of 
                        Interstate Route 15 (except S \1/2\ SE 
                        \1/4\).
                          (ii) The portion of sec. 29 south of 
                        Interstate Route 15.
                          (iii) The portion of sec. 30 south of 
                        Interstate Route 15.
                          (iv) The portion of sec. 31 south of 
                        Interstate Route 15.
                          (v) Sec. 32.
                          (vi) Sec. 33: W \1/2\.
                  (B) In T. 14 S., R. 69 E., Mount Diablo 
                Meridian, Nevada:
                          (i) Sec. 4.
                          (ii) Sec. 5.
                          (iii) Sec. 6.
                          (iv) Sec. 8.
                  (C) In T. 14 S., R. 68 E., Mount Diablo 
                Meridian, Nevada:
                          (i) Sec. 1.
                          (ii) Sec. 12.
          (3) Withdrawal.--Subject to valid existing rights, 
        until the date that is 12 years after the date of 
        enactment of this subsection, the parcels of public 
        land described in paragraph (2) are withdrawn from all 
        forms of entry and appropriation under the public land 
        laws, including the mining laws, and from operation of 
        the mineral leasing and geothermal leasing laws.

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