[Senate Report 111-136]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 286
111th Congress  }                                        {       Report
  2d Session    }                SENATE                  {      111-136
                                                     
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               SOUTHERN NEVADA HIGHER EDUCATION LAND ACT 

                                _______
                                

                 March 2, 2010.--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 S. 940]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 940) to direct the Secretary of the 
Interior to convey to the Nevada System of Higher Education 
certain Federal land located in Clark and Nye counties, Nevada, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Southern Nevada Higher Education Land 
Act of 2009''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the Nevada System of Higher Education.
          (2) Campuses.--The term ``Campuses'' means the Great Basin 
        College, College of Southern Nevada, and University of Las 
        Vegas, Nevada, campuses.
          (3) Federal land.--The term ``Federal land'' means each of 
        the 3 parcels of Bureau of Land Management land identified on 
        the maps as ``Parcel to be Conveyed'', of which--
                  (A) approximately 40 acres is to be conveyed for the 
                College of Southern Nevada;
                  (B) approximately 2,085 acres is to be conveyed for 
                the University of Nevada, Las Vegas; and
                  (C) approximately 285 acres is to be conveyed for the 
                Great Basin College.
          (4) Map.--The term ``Map'' means each of the 3 maps entitled 
        ``Southern Nevada Higher Education Land Act'', dated July 11, 
        2008, and on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) State.--The term ``State'' means the State of Nevada.
          (7) System.--The term ``System'' means the Nevada System of 
        Higher Education.

SEC. 3. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

  (a) Conveyances.--
          (1) In general.--Notwithstanding section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) and 
        section 1(c) of the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and 
        subject to all valid existing rights, the Secretary shall--
                  (A) not later than 180 days after the date of 
                enactment of this Act, convey to the System, without 
                consideration, all right, title, and interest of the 
                United States in and to the Federal land for the Great 
                Basin College and the College of Southern Nevada; and
                  (B) on the receipt of certification of acceptable 
                remediation of environmental conditions existing on the 
                parcel to be conveyed for the University of Nevada, Las 
                Vegas, convey to the System, without consideration, all 
                right, title, and interest of the United States in and 
                to the Federal land for the University of Nevada, Las 
                Vegas.
          (2) Phases.--The Secretary may phase the conveyance of the 
        Federal land under paragraph (1)(B) as remediation is 
        completed.
  (b) Conditions.--
          (1) In general.--As a condition of the conveyance under 
        subsection (a)(1), the Board of Regents shall agree in 
        writing--
                  (A) to pay any administrative costs associated with 
                the conveyance, including the costs of any 
                environmental, wildlife, cultural, or historical 
                resources studies;
                  (B) to use the Federal land conveyed for educational 
                and recreational purposes;
                  (C) to release and indemnify the United States from 
                any claims or liabilities that may arise from uses 
                carried out on the Federal land on or before the date 
                of enactment of this Act by the United States or any 
                person;
                  (D) as soon as practicable after the date of the 
                conveyance under subsection (a)(1), to erect at each of 
                the Campuses an appropriate and centrally located 
                monument that acknowledges the conveyance of the 
                Federal land by the United States for the purpose of 
                furthering the higher education of the citizens in the 
                State; and
                  (E) to assist the Bureau of Land Management in 
                providing information to the students of the System and 
                the citizens of the State on--
                          (i) public land (including the management of 
                        public land) in the Nation; and
                          (ii) the role of the Bureau of Land 
                        Management in managing, preserving, and 
                        protecting the public land in the State.
          (2) Nellis air force base.--
                  (A) In general.--The Federal land conveyed to the 
                System under this Act shall be used in accordance with 
                the agreement entitled the ``Cooperative Interlocal 
                Agreement between the Board of Regents of the Nevada 
                System of Higher Education, on Behalf of the University 
                of Nevada, Las Vegas, and the 99th Air Base Wing, 
                Nellis Air Force Base, Nevada'' and dated June 19, 
                2009.
                  (B) Modifications.--Any modifications to the 
                interlocal agreement described in subparagraph (A) and 
                any related master plan shall require the mutual assent 
                of the parties to the agreement.
                  (C) Limitation.--In no case shall the use of the 
                Federal land conveyed under subsection (a)(1)(B) 
                compromise the national security mission or avigation 
                rights of Nellis Air Force Base.
  (c) Use of Federal Land.--
          (1) In general.--The System may use the Federal land conveyed 
        under subsection (a)(1) for--
                  (A) any educational or public purpose relating to the 
                establishment, operation, growth, and maintenance of 
                the System, including--
                          (i) educational facilities;
                          (ii) housing for students, employees of the 
                        System, and educators;
                          (iii) student life and recreational 
                        facilities, public parks, and open space;
                          (iv) university and college medical and 
                        health facilities; and
                          (v) research facilities; and
                  (B) any other public purpose that would generally be 
                associated with an institution of higher education, 
                consistent with the Act of June 14, 1926 (commonly 
                known as the ``Recreation and Public Purposes Act'') 
                (43 U.S.C. 869 et seq.).
          (2) Other entities.--The System may--
                  (A) consistent with Federal and State law, lease, or 
                otherwise provide property or space at, the Campuses, 
                with or without consideration, to religious, public 
                interest, community, or other groups for services and 
                events that are of interest to the System or to any 
                community located in southern Nevada;
                  (B) allow any other communities in southern Nevada to 
                use facilities of the Campuses for educational and 
                recreational programs of the community; and
                  (C) in conjunction with the city of Las Vegas, North 
                Las Vegas, or Pahrump or Clark or Nye County plan, 
                finance (including through the provision of cost-share 
                assistance), construct, and operate facilities for the 
                city of Las Vegas, North Las Vegas, or Pahrump or Clark 
                or Nye County on the Federal land conveyed for 
                educational or recreational purposes consistent with 
                this section.
  (d) Reversion.--If the Federal land or any portion of the Federal 
land conveyed under subsection (a)(1) ceases to be used for the System 
in accordance with the Act, the Federal land, or any portion of the 
Federal land shall, at the discretion of the Secretary, revert to the 
United States.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                                PURPOSE

    The purpose of S. 940 is to direct the Secretary of the 
Interior to convey to the Nevada System of Higher Education 
certain Federal land located in Clark and Nye counties, Nevada.

                          BACKGROUND AND NEED

    In 1968, the Nevada System of Higher Education (System) was 
formed. It encompasses eight institutions: two research 
universities, one state college, one research institution, and 
four community colleges. The System serves approximately 98,000 
degree-seeking students.
    Over the past decade, Southern Nevada has been one of the 
fastest growing regions in the country and the System is 
expected to grow by 21 percent over the next ten years. The 
System needs additional land to accommodate future growth, 
particularly for the University of Nevada, Las Vegas, the 
College of Southern Nevada, and the Pahrump campus of Great 
Basin College.
    S. 940 would convey, without consideration, land 
administered to meet the future needs of the System. 
Approximately 2,085 acres of land would be conveyed to the 
University of Nevada, Las Vegas; approximately 40 acres to the 
College of Southern Nevada, Las Vegas; and approximately 285 
acres to the Great Basin College in Pahrump.

                          LEGISLATIVE HISTORY

    S. 940 was introduced by Senators Reid and Ensign on April 
30, 2009. The Subcommittee on Public Lands and Forests held a 
hearing on the bill on October 8, 2009. At its business meeting 
on December 16, 2009, the Committee on Energy and Natural 
Resources ordered S. 940 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 December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass S. 940, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 940, the Committee adopted 
an amendment in the nature of a substitute. In addition to 
making several technical, clarifying, and conforming edits, the 
amendment deletes the finding and purposes section; modifies 
provisions relating to land conveyances near Nellis Air Force 
Base to clarify that any conveyances should be in accordance 
with a 2009 cooperative agreement entered into between the Air 
Force and the Nevada Board of Regents; and further clarifies 
the educational and public purposes for which conveyances can 
be made. The amendment is explained in detail in the section-
by-section analysis.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title for the bill, the 
``Southern Nevada Higher Education Land Act of 2009''.
    Section 2 defines key terms used in the legislation.
    Section 3(a) directs the Secretary of the Interior to 
convey, subject to valid existing rights, three parcels of land 
administered by the Bureau of Land Management to the University 
of Nevada, Las Vegas; the College of Southern Nevada; and the 
Great Basin College in Pahrump. The conveyances to the Great 
Basin College and the College of Southern Nevada are to take 
place not later than 180 days after the date of enactment of 
the Act and the conveyance to the University of Nevada, Las 
Vegas, shall happen upon receipt of certification of acceptable 
remediation of environmental conditions.
    Subsection (b) provides that as a condition of the land 
conveyances, the Nevada Board of Regents shall pay all 
administrative costs associated with the conveyances, use the 
Federal land conveyed only for educational and recreational 
purposes, release and indemnify the United States from any 
claims or liabilities that may arise from uses of the conveyed 
lands, and assist the BLM in providing information about public 
lands to State residents.
    Paragraph (2) requires that the conveyances be in 
accordance with the June 19, 2009 cooperative agreement between 
the Air Force and the Nevada Board of Regents.
    Subsection (c) authorizes the System to use the conveyed 
land for any educational or public purpose relating to the 
establishment, operation, growth, and maintenance of the Nevada 
System of Higher Education, or any other public purpose that 
would generally be associated with an institution of higher 
education, consistent with the Recreation and Public Purposes 
Act (43 U.S.C. 869 et seq.).
    Subsection (d) states that if the land conveyed ceases to 
be used for the System in accordance with the Act, the land 
shall, at the discretion of the Secretary, revert to the United 
States.
    Section 4 authorizes the appropriation of such sums as are 
necessary to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 940--Southern Nevada Higher Education Land Act of 2009

    S. 940 would direct the Bureau of Land Management (BLM) to 
convey, without consideration, about 2,400 acres of land in 
Nevada to the Nevada System of Higher Education. Based on 
information provided by BLM, CBO estimates that implementing S. 
940 would have no significant effect on discretionary spending. 
Enacting the bill would have no net effect on direct spending 
and would not affect revenues.
    Under S. 940, BLM would convey three parcels of land in 
Southern Nevada to nearby colleges or universities for 
educational purposes. The Nevada System of Higher Education 
would be responsible for administrative costs associated with 
the conveyance, including environmental, cultural, or 
historical studies.
    Because the properties to be conveyed under S. 940 have 
already been identified by BLM for potential sale at fair 
market value, CBO estimates that enacting the bill would reduce 
offsetting receipts (a credit against direct spending) by 
around $170 million over the next five years. However, because 
the loss of those receipts would be offset by a corresponding 
reduction in direct spending, the legislation would have no net 
effect on direct spending. We further estimate that any 
discretionary costs of the conveyances would be negligible.
    S. 940 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 land conveyance authorized in the bill would benefit the 
Nevada System of Higher Education. Any costs to the system 
would be incurred voluntarily.
    The CBO staff contact for this estimate is Deborah Reis. 
The 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 S. 940.
    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. 940, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 940, as ordered 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 October 8, 2009, Subcommittee hearing on S. 940 follows:

   Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to testify on S. 940, the Southern Nevada 
Higher Education Lands Act of 2009. S. 940 would convey, 
without consideration, three parcels totaling 2,410 acres to 
the Nevada System of Higher Education (NSHE) to meet the needs 
of southern Nevada's rapidly growing college and university 
system. The BLM supports the goals of S. 940, but would like to 
work with Senator Reid, the bill's sponsor, on amendments to 
ensure the conveyances are consistent with the Recreation and 
Public Purposes Act (R&PP), and to address certain parcel-
specific management needs associated with the conveyances.


                               background


    The Nevada System of Higher Education serves more than 
71,000 students in southern Nevada, and its enrollment is 
expected to grow by more than 20 percent over the next 10 
years. Three institutions of higher education serve southern 
Nevada residents: the University of Nevada, Las Vegas; the 
College of Southern Nevada, located in Clark County; and Great 
Basin College, located in Pahrump in rural Nye County. All 
three of these institutions are operating near capacity. The 
NSHE is seeking to increase their capacities to provide for 
future growth and improve access to higher education 
opportunities in southern Nevada.
    The communities of Las Vegas and Pahrump are nearly 
surrounded by BLM-administered lands. Under the direction of 
the 1998 Southern Nevada Public Land Management Act (SNPLMA), 
as amended, and through the BLM's land use planning process, 
the BLM has identified public lands within and near these 
communities for potential disposal from public ownership to 
help meet urban growth needs. The three public land parcels 
proposed for conveyance by S. 940 have been identified for 
disposal through these processes.
    The R&PP Act authorizes the Secretary of the Interior to 
lease or convey public lands at nominal cost for recreational 
and public purposes, including educational facilities, 
municipal buildings, golf courses, campgrounds, and other 
facilities benefiting the public. Commercial uses may be 
allowable under the R&PP Act in limited circumstances, if 
revenues from concessions go toward site management and use.


                                 s. 940


    S. 940 proposes to convey to the NSHE, without 
consideration, all right, title, and interest of the United 
States to three parcels detailed on the maps prepared at the 
request of Senator Reid, dated July 11, 2008. The bill requires 
the NSHE to pay any administrative costs associated with the 
conveyances.
    The bill requires the conveyed lands to be used for 
educational and recreational purposes related to the NSHE, and 
it allows residential and commercial development that would 
generally be associated with an institution of higher 
education. The bill also contains a reversionary clause that 
provides for the land to revert to the United States, at the 
discretion of the Secretary, if it ceases to be used for the 
higher education system.
    As a matter of policy, the BLM supports working with State 
and local governments to resolve land tenure adjustments that 
advance worthwhile public policy objectives. In general, the 
BLM supports conveyances if the lands are to be used for 
purposes consistent with the R&PP Act and includes a 
reversionary clause to enforce that requirement. It is not 
clear, however, if the residential or commercial uses 
envisioned by the bill would be consistent with the R&PP Act. 
The BLM recommends that the legislation be clearly amended to 
ensure consistency with the R&PP Act.
    S. 940 would convey two parcels that are located in urban 
settings near Las Vegas in Clark County. One parcel contains 
approximately 40 acres and would be utilized to meet the 
expansion needs of the College of Southern Nevada. This parcel 
is essentially a vacant, weedy field surrounded by major roads 
near a freeway entrance. It contains no significant natural 
resource values.
    The second parcel contains approximately 2,085 acres and 
would be used for the expansion of the University of Nevada, 
Las Vegas. This parcel is located in a rapidly urbanizing area 
on the northern edge of Las Vegas. Its eastern boundary abuts 
Nellis Air Force Base and its northern boundary abuts the 
Nevada Desert Wildlife Refuge managed by the U.S. Fish and 
Wildlife Service.
    Because of their proximity to Nellis Air Force Base, these 
lands may have been impacted by past military training 
activities and may contain hazardous materials. For this 
reason, S. 940 requires that the Secretary receive a 
certificate of acceptable remediation of environmental 
conditions on the parcel before initiating the conveyance, and 
it releases the United States from any liability arising from 
prior land uses. The bill also requires, under Sec. 4(2), that 
the NSHE enter into a binding agreement with Nellis Air Force 
Base to address any site development issues and to preserve the 
Base's long-term capability. Because this parcel also borders 
the Nevada Desert Wildlife Refuge, we would like to work with 
the sponsor to ensure that site development along the shared 
boundary would be sensitive to and compatible with refuge 
values.
    S. 940 would also convey a parcel of approximately 285 
acres, located just outside of Pahrump in Nye County, Nevada, 
which would be utilized for the expansion of Great Basin 
College. This parcel borders an existing BLM fire station and 
helipad, and certain types of adjacent development could affect 
the safe operation of this facility. This parcel also contains 
Carpenter Canyon Road, which is heavily utilized for recreation 
activities and provides access to the west side of the Spring 
Mountain National Recreation Area, which is managed by the U.S. 
Forest Service. The BLM would like to work with the sponsor to 
ensure that the bill provides for the continuation of these 
existing land uses and access to National Forest System land. 
We also note that this parcel contains desert tortoise habitat. 
If conveyed, the NSHE would need to prepare a Habitat 
Conservation Plan, obtain an incidental take permit, and meet 
other requirements of the U.S. Fish and Wildlife Service before 
site development could proceed.
    Finally, under S. 940, the NSHE will assist the BLM in 
sharing information with students and Nevada citizens about 
public land resources and the BLM's role in managing public 
lands. The BLM looks forward to working with the NSHE on this 
constructive, collaborative effort.


                               conclusion


    Thank you for the opportunity to testify. The BLM looks 
forward to working with the bill's sponsor and the Committee to 
address the needs of the Nevada System of Higher Education.

                        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 bill S. 940 as ordered 
reported.

                                  
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