[Senate Report 110-315]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 667
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-315

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                  SOUTHERN NEVADA READINESS CENTER ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 815]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 815) to provide for the conveyance of 
certain land in Clark County, Nevada, for use by the Nevada 
National Guard, having considered the same, reports favorably 
thereon with an amendment and recommends that the Act, 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 Readiness Center 
Act''.

SEC. 2. NEVADA NATIONAL GUARD LAND CONVEYANCE.

  (a) In General.--Notwithstanding any other provision of law, Clark 
County, Nevada, may convey, without consideration, to the Nevada 
Division of State Lands for use by the Nevada National Guard 
approximately 51 acres of land in Clark County, Nevada, as generally 
depicted on the map entitled ``Southern Nevada Readiness Center Act'' 
and dated October 4, 2005.
  (b) Limitation.--If the land described in subsection (a) ceases to be 
used by the Nevada National Guard, the land shall revert to Clark 
County, Nevada, for management in accordance with the Southern Nevada 
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 
2343).

                                PURPOSE

    The purpose H.R. 815 is to authorize the Secretary of the 
Interior to convey, without consideration and notwithstanding 
any other provision of law, between 35 and 50 acres of Federal 
land in Clark County, Nevada, to the Nevada Division of State 
Lands, for use by the Nevada National Guard.

                          BACKGROUND AND NEED

    H.R. 815 would authorize the Secretary of the Interior to 
convey lands in Clark County, Nevada, to the Nevada Division of 
State Lands for use by the Nevada National Guard. The lands to 
be conveyed are within the disposal boundary of lands 
identified for sale as part of the Southern Nevada Public Lands 
Management Act (SNPLMA; Public Law 105-263). These lands are 
located within the Airport Environs Overlay District for 
McCarran International Airport, and SNPLMA requires that the 
land be managed in accordance with airport noise compatibility 
planning agreements. That law also requires that the lands be 
sold at public auction, for no less than fair market value, 
with the sale proceeds distributed among the Bureau of Land 
Management, the Southern Nevada Water Authority and the State 
of Nevada's general education fund. H.R. 815 would waive this 
requirement, allowing the land to be conveyed without 
consideration for use by the Nevada National Guard.

                          LEGISLATIVE HISTORY

    H.R. 815, sponsored by Rep. Porter, passed the House of 
Representatives by a voice vote on April 17, 2007. A Senate 
companion measure, S. 1608, was introduced by Senators Ensign 
and Reid on June 13, 2007. The Subcommittee on Public Lands and 
Forests held a hearing on both bills on September 20, 2007. (S. 
Hrg. 110-216.)
    During the 109th Congress, the House of Representatives 
passed a similar measure, H.R. 4382. That bill was not 
considered in the Senate.
    At its business meeting on January 30, 2008, the Committee 
on Energy and Natural Resources ordered H.R. 815 favorably 
reported, with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 815, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 815, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
corrected the acreage reference in the bill and added a 
reversionary clause, as recommended by the Bureau of Land 
Management at the subcommittee hearing on the bill. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Southern Nevada 
Readiness Center Act.''
    Section 2(a) provides that notwithstanding any other 
provision of law, Clark County, Nevada, may convey 
approximately 51 acres of land in Clark County to the Nevada 
Division of State Lands for use by the Nevada National Guard, 
as generally depicted on the referenced map. The conveyance is 
to be made without consideration.
    Subsection (b) states that if the land described in 
subsection (a) ceases to be used by the Nevada National Guard, 
the land shall revert to Clark County, Nevada, for management 
in accordance with the Southern Nevada Public Lands Management 
Act of 1998 (Public Law 105-263).

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 815--Southern Nevada Readiness Center Act

    CBO estimates that enacting H.R. 815 would not 
significantly affect the federal budget. Under the Southern 
Nevada Public Land Management Act (SNPLMA), the Bureau of Land 
Management (BLM) conveyed certain federal land to Clark County, 
Nevada. That act specifies that, if the county ever conveys the 
land, it must charge fair market value and give a portion of 
the proceeds to BLM. The agency could use such proceeds, 
without further appropriation, to acquire environmentally 
sensitive property and complete certain projects in Nevada.
    H.R. 815 would authorize Clark County to convey to the 
state of Nevada, for no consideration, about 51 acres of land 
originally conveyed to the county under SNPLMA. The state would 
likely establish a National Guard facility on any land it 
receives under the legislation. Based on information from BLM, 
CBO expects that the county would not sell the affected land 
under current law; therefore, we estimate it would generate no 
significant receipts (or subsequent direct spending) over the 
next 10 years. We also estimate that H.R. 815 would not affect 
federal costs for land management, which are subject to 
appropriation.
    H.R. 815 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. 
Enacting this legislation would benefit the state of Nevada and 
Clark County.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying H.R. 815. The Act 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 H.R. 815, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 815, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the September 20, 2007 Subcommittee hearing on H.R. 815 
follows:

  Statement of Michael Nedd, Assistant Director, Minerals, Realty and 
             Resource Protection, Bureau of Land Management

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to testify on S. 1608, the Southern Nevada 
Readiness Center Act. S. 1608 would convey without 
consideration between 35 and 50 acres of land from Clark 
County, Nevada, to the Nevada Division of State Lands for use 
by the Nevada National Guard for defense and security training. 
All right, title, and interest to these lands was conveyed by 
the BLM to Clark County, Nevada, in 1999, as directed by 
Section 4(g) of the Southern Nevada Public Land Management Act 
of 1998 (SNPLMA), for inclusion in the McCarran Airport 
Cooperative Management Area (CMA).
    The CMA was established in 1992 through an agreement 
between Clark County and BLM to manage development around 
McCarran Airport, which services the greater Las Vegas area. As 
directed by SNPLMA, approximately 5,000 acres of public lands 
was conveyed by the BLM to Clark County for inclusion in the 
CMA boundary. SNPLMA requires that Clark County manage the 
lands in the CMA in accordance with 49 U.S.C. 47504, relating 
to airport noise compatibility planning, so that development in 
the CMA is compatible with the nature of airport operations. 
Further, section (4)(g) of SNPLMA requires that any conveyance 
of CMA lands by Clark County be for fair market value, and the 
revenue distributed according to the formula outlined in 
Section (4)(g) of SNPLMA.
    The BLM is mindful that S. 1608 conveys the CMA lands from 
one public entity to another for important national defense and 
security purposes. In balancing these considerations against 
the provisions of SNPLMA that require the sale of CMA lands for 
fair market value, the BLM supports the bill and the conveyance 
of the CMA lands for no consideration. However, we suggest that 
the bill be amended to include a provision that if the State of 
Nevada ceases to use the lands for the purpose intended in S. 
1608, the lands revert to the County to be managed consistent 
with the provisions of SNPLMA. We also recommend an amendment 
to correct the acreage identified in S. 1608 from ``between 35 
and 50 acres'' to ``approximately 51 acres.''
    Thank you for the opportunity to testify on S. 1608. We 
look forward to working with the sponsor and the Committee on 
this important piece of legislation.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bills S. 1608 and H.R. 
815, as ordered reported.

                                  
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