[House Report 110-533]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-533
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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.