[House Report 110-533]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-533

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



 
                 NEVADA CANCER INSTITUTE EXPANSION ACT

                                _______
                                

 February 28, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1311]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1311) to direct the Secretary of the Interior to 
convey the Alta-Hualapai Site to the city of Las Vegas, Nevada, 
for the development of a cancer treatment facility, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``Nevada Cancer Institute Expansion 
Act''.

SEC. 2. DEFINITIONS.

   In this Act:
          (1) Alta-hualapai site.--The term ``Alta-Hualapai Site'' 
        means the approximately 80 acres of land that is--
                  (A) patented to the City under the Act of June 14, 
                1926 (commonly known as the ``Recreation and Public 
                Purposes Act'') (43 U.S.C. 869 et seq.); and
                  (B) identified on the map as the ``Alta-Hualapai 
                Site''.
          (2) City.--The term ``City'' means the city of Las Vegas, 
        Nevada.
          (3) Institute.--The term ``Institute'' means the Nevada 
        Cancer Institute, a nonprofit organization described under 
        section 501(c)(3) of the Internal Revenue Code of 1986, the 
        principal place of business of which is at 10441 West Twain 
        Avenue, Las Vegas, Nevada.
          (4) Map.--The term ``map'' means the map titled ``Nevada 
        Cancer Institute Expansion Act'' and dated July 17, 2006.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior, acting through the Director of the Bureau of Land 
        Management.
          (6) Water district.--The term ``Water District'' means the 
        Las Vegas Valley Water District.

SEC. 3. LAND CONVEYANCE.

  (a) Acceptance.--The Secretary may accept the relinquishment by the 
City of all or part of the Alta-Hualapai Site.
  (b) Conveyance for Use as Non-Profit Cancer Institute.--After 
relinquishment of all or part of the Alta-Hualapai Site to the 
Secretary, and not later than 180 days after request of the Institute, 
the Secretary shall convey to the Institute, subject to valid existing 
rights, the portion of the Alta-Hualapai Site that is necessary for the 
development of a non-profit cancer institute.
  (c) Additional Conveyances.--Not later than 180 days after a request 
from the City, the Secretary shall convey to the City, subject to valid 
existing rights, any remaining portion of the Alta-Hualapai site 
necessary for ancillary medical or non-profit use compatible with the 
mission of the Institute.
  (d) Applicable Law.--Any conveyance by the City of any portion of the 
land received under this Act shall be for no less than fair market 
value and the proceeds shall be distributed in accordance with section 
4(e)(1) of Public Law 105-263 (112 Stat. 2345).
  (e) Transaction Costs.--All land conveyed by the Secretary under this 
Act shall be at no cost, except that the Secretary may require the 
recipient to bear any costs associated with transfer of title or any 
necessary land surveys.
  (f) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on all transactions 
conducted under Public Law 105-263 (112 Stat. 2345).

SEC. 4. RIGHTS-OF-WAY.

  Consistent with the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701), the Secretary may grant rights of way to the Water 
District on a portion of the Alta-Hualapai Site for a flood control 
project and a water pumping facility.

SEC. 5. REVERSION.

  Any property conveyed pursuant to this Act which ceases to be used 
for the purposes specified in this Act shall, at the discretion of the 
Secretary, revert to the United States, along with any improvements 
thereon or thereto.

  Amend the title so as to read:

      A bill to provide for the conveyance of the Alta-Hualapai 
Site to the Nevada Cancer Institute, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1311 is to provide for the conveyance 
of the Alta-Hualapai site in Las Vegas, Nevada to the Nevada 
Cancer Institute, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The 80-acre Alta-Hualapai site in Las Vegas is part of a 
320-acre parcel that was patented to the City of Las Vegas, 
Nevada (City) by the Bureau of Land Management (BLM) in 1963 
under the Recreation and Public Purposes Act (R&PP) (43 U.S.C. 
869 et seq) for ``recreational area site purposes only.'' Much 
of the parcel was developed into the Angel Park golf course. 
However, the Alta-Hualapai site remains mostly undeveloped. The 
City proposed using this site to develop the Nevada Cancer 
Institute and campus.
    R&PP patents, such as the one held by the City, contain 
provisions requiring title to revert back to the Secretary of 
the Interior if the lands are devoted to a use other than that 
for which the lands were conveyed, or if the patentee fails to 
follow the development plans which were presented as part of 
the original application.
    H.R. 1311 requires the City to first relinquish the Alta-
Hualapai site to the Secretary of the Interior. The Secretary 
would then be authorized to make limited conveyances, for no 
consideration, to the Nevada Cancer Institute for development 
of the Institute, and to the City for development of ancillary 
medical facilities consistent with the mission of the 
Institute.

                            COMMITTEE ACTION

    H.R. 1311 was introduced on March 5, 2007, by 
Representative Shelley Berkley (D-NV). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests, and Public Lands. 
On October 23, 2007, the Subcommittee held a hearing on the 
bill, during which the BLM testified that it did not support 
the bill unless major clarifications and modifications were 
made to make the bill consistent with existing conveyance 
authorities. The BLM requested the opportunity to work with the 
Committee regarding these modifications.
    On February 13, 2008, the Full Natural Resources Committee 
met to mark up the bill. Subcommittee Chairman Raul Grijalva 
(D-AZ) offered an amendment in the nature of a substitute that, 
consistent with the R&PP, required the City to first relinquish 
the Alta-Hualapai site to the Secretary, then authorized the 
Secretary to make limited conveyances, for no consideration, to 
the non-profit Nevada Cancer Institute and the City for 
development of the Institute and ancillary medical facilities. 
The Grijalva amendment was adopted by unanimous consent. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 entitles this Act as the ``Nevada Cancer 
Institute Expansion Act.''

Section 2. Definitions

    Section 2 defines the terms used in this Act.

Section 3. Land conveyance

    Subsection 3(a) provides for the Secretary of the Interior 
to accept the relinquishment, by the City, of all or part of 
the Alta-Hualapai site. This is consistent with the Recreation 
and Public Purposes Act (R&PP) (43 U.S.C. 869 et seq) which 
required the reversion of the Alta-Hualapai site if it was not 
used for the purpose for which the lands were conveyed 
originally in 1963.
    Subsection 3(b) directs the land conveyance to the non-
profit Nevada Cancer Institute. After relinquishment of the 
Alta-Hualapai site, and not later then 180 days after the 
request of the Institute, the Secretary shall convey to the 
Institute, subject to valid existing rights, the portion of the 
Site that is necessary for the development of the Institute.
    Subsection 3(c) provides for additional conveyances to the 
City. Not later than 180 days after a request from the City, 
the Secretary shall convey to the City, subject to valid 
existing rights, any remaining portion of the Alta-Hualapai 
site necessary for ancillary medical or non-profit use 
compatible with the mission of the Institute.
    Subsection 3(d) then provides that any conveyance by the 
City of any portion of the land received under this Act shall 
be conveyed for no less than fair market value and the proceeds 
shall be distributed in accordance with section 4(e)(1) of 
Public Law 105-263 (112 Stat. 2345).
    Subsection 3(e) provides for transaction costs. All land 
conveyed by the Secretary under this Act shall be at no cost; 
however, the Secretary may require the recipient to bear any 
costs associated with transfer of title or any necessary land 
surveys.
    Subsection 3(f) requires the Secretary to provide a report 
of all transactions conducted under Public Law 105-263 (112 
Stat. 2345). No later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit this report 
to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate.

Section 4. Rights-of-way

    Section 4 provides that the Secretary may grant rights of 
way to the Las Vegas Valley Water District, on a portion of the 
Alta-Hualapai site, for a flood control project and a water 
pumping facility, consistent with the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701).

Section 5. Reversion

    Section 5 provides that any property conveyed pursuant to 
this Act which ceases to be used for the purposes specified in 
this Act shall, at the discretion of the Secretary, revert back 
to the United States, along with any improvements thereon or 
thereto.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee on Natural 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

H.R. 1311--Nevada Cancer Institute Expansion Act

    H.R. 1311 would authorize the Bureau of Land Management 
(BLM) to accept 80 acres of land from the city of Las Vegas, 
Nevada, and convey that land to the Nevada Cancer Institute for 
the expansion of the institute. Some of the property may be 
returned to the city for related purposes. If the city does not 
use all of the land conveyed for the purposes described in the 
bill, it would be allowed to sell the unused portion and split 
the proceeds with BLM.
    CBO estimates that implementing H.R. 1311 would have a 
negligible impact on the federal budget. The recipients of the 
land would pay for the cost of the conveyance. Further, if any 
land is sold by the city, those proceeds would be divided 
between Nevada and BLM and be available for expenditure without 
future appropriation in accordance with the Southern Nevada 
Public Land Management Act of 1998. Enacting the bill would not 
affect revenues.
    H.R. 1311 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1311 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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