[Senate Report 110-380]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 812
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-380

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                 NEVADA CANCER INSTITUTE EXPANSION ACT

                                _______
                                

                 June 16, 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. 1311]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1311) to provide for the conveyance of 
the Alta-Hualapai Site to the Nevada Cancer Institute, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the Act do pass.

                                PURPOSE

    The purpose of H.R. 1311 is to direct the Secretary of the 
Interior to convey approximately 25 acres of public land in Las 
Vegas, Nevada, to the Nevada Cancer Institute for use as a non-
profit cancer institute.

                          BACKGROUND AND NEED

    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 a golf course. However, the 
Alta-Hualapai site remains mostly undeveloped. The City has 
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 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 directed to convey approximately 25 acres, 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.

                          LEGISLATIVE HISTORY

    H.R. 1311, sponsored by Representative Berkley, passed the 
House of Representatives by a vote of 377-0 on March 4, 2008. A 
companion measure, S. 758, was introduced by Senators Ensign 
and Reid on March 5, 2007. The Subcommittee on Public Lands and 
Forests held a hearing on both bills on April 15, 2008. At its 
business meeting on May 7, 2008, the Committee on Energy and 
Natural Resources ordered H.R. 1311 favorably reported, without 
amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 1311.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Nevada Cancer 
Institute Expansion Act''.
    Section 2 defines key terms used in the bill.
    Section 3(a) directs the City of Las Vegas, Nevada, to 
prepare a survey and legal description of the Alta-Hualapai 
site in accordance with Bureau of Land Management standards.
    Subsection (b) authorizes the Secretary to accept the 
relinquishment by the City of all or part of the Alta-Haulapai 
site.
    Subsection (c) directs the Secretary, upon relinquishment 
of the site, and not later than 180 days after a request from 
the Nevada Cancer Institute, to convey the portion of the site 
(subject to valid existing rights) that is necessary for the 
development of a non-profit cancer institute.
    Subsection (d) directs the Secretary, not later than 180 
days after a request from the City, to convey any remaining 
portion of the Alta-Hualapai site necessary for ancillary 
medical or non-profit use compatible with the mission of the 
Nevada Cancer Institute.
    Subsection (e) requires that any conveyance to the City 
shall be for no less than fair market value, with the proceeds 
to be distributed in accordance with Public Law 105-263, the 
Southern Nevada Public Lands Management Act.
    Subsection (f) provides that the Secretary may require the 
recipient to bear any costs associated with the transfer of 
title or any necessary land surveys.
    Subsection (g) states that the Secretary shall submit a 
report to the Committee and the House Committee on Natural 
Resources on all transactions conducted under Public Law 105-
263. The report is to be submitted not later than 180 days 
after the date of enactment of this Act.
    Section 4 authorizes the Secretary to grant rights-of-way 
to the Las Vegas Valley Water District across a portion of the 
Alta-Hualapai site for a flood control project and water 
pumping facility.
    Section 5 provides that any property conveyed under this 
act which is not used for the purposes specified in this Act 
may revert to the United States, at the discretion of the 
Secretary.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by 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 to 
expand 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 BLM's portion would be available for 
expenditure without appropriation in accordance with the 
Southern Nevada Public Land Management Act of 1998. Enacting 
the legislation 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.
    On February 27, 2008, CBO transmitted a cost estimate for 
H.R. 1311, the Nevada Cancer Institute Expansion Act, as 
ordered reported by the House Committee on Natural Resources on 
February 13, 2008. The versions of the legislation are similar, 
and the estimated costs of enacting them are the same.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy 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 out H.R. 1311. 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. 1311, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 1311, as reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined by rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the April 15, 2008 hearing on H.R. 1311 follows:

  Statement of Elena Daly, Director, National Landscape Conservation 
                   System, Bureau of Land Management

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to testify on S. 758, the Nevada Cancer 
Institute Expansion Act. H.R. 1311, the companion bill to S. 
758, passed the House on March 4, 2008 and, as requested by the 
Committee, I'll also address H.R. 1311, as amended. While we 
support the goals of S. 758 and H.R. 1311, as amended, we 
cannot support the bills without modifications.


                                 s. 758


    S. 758 would convey without consideration approximately 80 
acres of public lands (the ``Alta-Hualapai'' site) to the City 
of Las Vegas, Nevada, for the development of a cancer treatment 
facility, an adjoining park, a flood control project, a water 
pumping facility, and other commercial projects. While the BLM 
supports the goals of S. 758, we cannot support the bill unless 
there are major clarifications and modifications to make it 
consistent with our existing conveyance authorities and 
standard BLM practices.
    The 80 acres proposed for conveyance under S. 758 are part 
of a larger parcel of land totaling 320 acres that was patented 
to the City in 1963 under the Recreation and Public Purposes 
Act (R&PP). The Federal government retains a reversionary 
interest in these lands if they are not used for the specific 
purposes for which they were transferred. A significant portion 
of this parcel of land was developed as the Angel Park Golf 
Course; however, the 80 acres proposed for conveyance under 
this bill remain undeveloped.
    S. 758 provides that the City may convey without 
consideration portions of these lands to the Nevada Cancer 
Institute for the development of a new treatment facility and 
to the Las Vegas Valley Water District for the development of 
the pumping facility. The United States would retain a 
reversionary interest only for the portions the City conveys.
    The bill also provides that if the City conveys portions of 
the site for the other purposes specified in section 3(a) of 
the bill that it must receive not less than fair market value 
and that the revenues received from the sales of these lands be 
distributed according to the formula outlined in Section 
4(e)(1) of the Southern Nevada Public Land Management Act 
(SNPLMA), which allows for 85 percent of the proceeds from the 
land sales to be deposited in the special account established 
under SNPLMA; 10 percent paid directly to the Southern Nevada 
Water Authority; and 5 percent paid directly to the State of 
Nevada for use in the state's general education program. It is 
unclear whether or not the development of an adjacent park and 
the flood control project would involve the City selling the 
land.
    While BLM is generally supportive of the intentions of S. 
758, we believe that the bill should be modified to ensure that 
the conveyances outlined in Section 3(a) guarantee a fair 
return to the public and are consistent with existing 
conveyance authorities. Where the conveyances are for public 
purposes, they should be done consistent with the R&PP Act. The 
R&PP Act provides for conveyances at less than fair market 
value in certain circumstances. For example, the provisions in 
the R&PP Act provide for a 50 percent reduction in value of 
conveyances to non-profit entities, such as the Nevada Cancer 
Institute. However, the Administration recognizes that there 
may, indeed, be circumstances in which the public benefits of a 
proposed transfer outweigh financial considerations.
    For the portions of land that are intended to be used for 
the development of commercial projects, we recommend that S. 
758 be amended to direct the BLM to sell the identified lands 
at auction or through a modified competitive sale and 
consistent with SNPLMA. In contrast, the bill, as drafted, 
would require that the Secretary convey the property to the 
City of Las Vegas, which, in turn, could convey it for ``not 
less than fair market value.'' Such an amendment would 
eliminate the unnecessary step of conveying the land to the 
City, would ensure a fair return to the public, and would be 
consistent with standard BLM practices.
    It is also possible that the specified uses identified in 
Section 3(a), such as the flood control project and the water 
pumping facility, can be administratively accomplished through 
the granting of rights-of-ways. The BLM would be happy to work 
with the City, the Flood Control District, and others in this 
effort.


                               h.r. 1311


    H.R. 1311 was introduced in the House of Representatives on 
March 5, 2007. The BLM testified on H.R. 1311, a companion bill 
to S. 758, on October 23, 2007. The bill, as amended, passed 
the House on March 4, 2008, incorporating some but not all of 
our suggested changes.
    Section 3 of H.R. 1311 requires the Secretary to convey to 
the Nevada Cancer Institute the portion of the 80 acre Alta-
Hualapai Site needed for a cancer facility. It also requires 
the Secretary to convey to the City the remaining portion of 
the site needed for ancillary medical or nonprofit uses. All 
conveyances by the Secretary are at no cost, except for costs 
associated with title transfers or land surveys, at the 
discretion of the Secretary. Further conveyances by the City 
shall be ``for no less than fair market value'' and the 
proceeds are to be distributed in accordance with SNPLMA. To 
implement the conveyances, the bill directs the City to prepare 
a land survey that conforms to BLM's cadastral survey 
standards, and it provides for relinquishment of the R&PP site. 
The bill in Section 4 authorizes the Secretary to grant rights-
of-way to the Las Vegas Water District for a flood control 
project and water pumping facility. Under Section 5, the United 
States retains a reversionary interest on all conveyed lands.
    Consistent with our views on S. 758 and prior testimony on 
H.R. 1311, as amended, our overarching interest is that 
conveyances of public lands be in accordance with existing 
conveyance authorities. and guarantee a fair return to the 
public. H.R. 1311, as passed, partially fulfills these 
objectives. The bill provides for administrative grants of 
rights-of-way to the Water District, consistent with FLPMA, to 
authorize the flood control project and water pumping facility. 
We are pleased this provision utilizes BLM's existing 
conveyance practices and authorities, and reflects the comments 
raised in our previous testimony on H.R. 1311. The bill also 
directs the City to conduct a land survey that conforms with 
the BLM's cadastral survey standards. We support this provision 
because it applies standard administrative practices.
    However, other key provisions of H.R. 1311, as amended, are 
not consistent with existing authorities and we cannot support 
the bill without additional modifications. Consistent with our 
views on S.758, we support the purpose of the conveyance to the 
Nevada Cancer Institute, but it should be done in accordance 
with the R&PP Act to ensure a fair return to the public. While 
the bill provides for lands to be conveyed to the City at no 
cost, and for further conveyance by the City at ``no less than 
fair market value'', it is not clear if the lands conveyed to 
the City are intended to be used for non-profit or commercial 
purposes. Again, to ensure a fair return to the public, we 
believe that conveyances for public purposes should be 
consistent with the R&PP Act, while conveyances for commercial 
purposes should be consistent with SNPLMA and offered by the 
BLM at auction or through a modified competitive sale.
    Finally, H.R. 1311, as amended, requires the Secretary to 
report to Congress, within 180 days of enactment, on all 
transactions conducted under SNPLMA.
    Thank you for the opportunity to testify on S. 758 and H.R. 
1311, as amended. I will be happy to answer any questions.

                        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 Act, H.R. 1311, as 
ordered reported.

                                  
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