[105th Congress Public Law 263]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ263.105]
[[Page 111 STAT. 2343]]
Public Law 105-263
105th Congress
An Act
To provide for the orderly disposal of certain Federal lands in Clark
County, Nevada, and to provide for the acquisition of environmentally
sensitive lands in the State of Nevada. <<NOTE: Oct. 19, 1998 - [H.R.
449]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Southern Nevada
Public Land Management Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 31 USC 6901 note.>>
This Act may be cited as the ``Southern Nevada Public Land
Management Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Bureau of Land Management has extensive land
ownership in small and large parcels interspersed with or
adjacent to private land in the Las Vegas Valley, Nevada, making
many of these parcels difficult to manage and more appropriate
for disposal.
(2) In order to promote responsible and orderly development
in the Las Vegas Valley, certain of those Federal lands should
be sold by the Federal Government based on recommendations made
by local government and the public.
(3) The Las Vegas metropolitan area is the fastest growing
urban area in the United States, which is causing significant
impacts upon the Lake Mead National Recreation Area, the Red
Rock Canyon National Conservation Area, and the Spring Mountains
National Recreation Area, which surround the Las Vegas Valley.
(b) Purpose.--The purpose of this Act is to provide for the orderly
disposal of certain Federal lands in Clark County, Nevada, and to
provide for the acquisition of environmentally sensitive lands in the
State of Nevada.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``unit of local government'' means Clark
County, the City of Las Vegas, the City of North Las Vegas, or
the City of Henderson; all in the State of Nevada.
(3) The term ``Agreement'' means the agreement entitled
``The Interim Cooperative Management Agreement Between The
United States Department of the Interior--Bureau of Land
Management and Clark County'', dated November 4, 1992.
[[Page 111 STAT. 2344]]
(4) The term ``special account'' means the account in the
Treasury of the United States established under section
4(e)(1)(C).
(5) The term ``Recreation and Public Purposes Act'' means
the Act entitled ``An Act to authorize acquisition or use of
public lands by States, counties, or municipalities for
recreational purposes'', approved June 14, 1926 (43 U.S.C. 869
et seq.).
(6) The term ``regional governmental entity'' means the
Southern Nevada Water Authority, the Regional Flood Control
District, and the Clark County Sanitation District.
SEC. 4. DISPOSAL AND EXCHANGE.
(a) Disposal.--Notwithstanding the land use planning requirements
contained in sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in
accordance with this Act, the Federal Land Policy and Management Act of
1976, and other applicable law, and subject to valid existing rights, is
authorized to dispose of lands within the boundary of the area under the
jurisdiction of the Director of the Bureau of Land Management in Clark
County, Nevada, as generally depicted on the map entitled ``Las Vegas
Valley, Nevada, Land Disposal Map'', dated April 10, 1997. Such map
shall be on file and available for public inspection in the offices of
the Director and the Las Vegas District of the Bureau of Land
Management.
(b) Reservation for Local Public Purposes.--
(1) Recreation and public purpose act conveyances.--Not less
than 30 days before the offering of lands for sale or exchange
pursuant to subsection (a), the State of Nevada or the unit of
local government in whose jurisdiction the lands are located may
elect to obtain any such lands for local public purposes
pursuant to the provisions of the Recreation and Public Purposes
Act. Pursuant to any such election, the Secretary shall retain
the elected lands for conveyance to the State of Nevada or such
unit of the local government in accordance with the provisions
of the Recreation and Public Purposes Act.
(2) Rights-of-way.--
(A) Issuance.--Upon application, by a unit of local
government or regional governmental entity, the
Secretary, in accordance with this Act and the Federal
Land Policy and Management Act of 1976, and other
applicable provisions of law, shall issue right-of-way
grants on Federal lands in Clark County, Nevada, for all
reservoirs, canals, channels, ditches, pipes, pipelines,
tunnels, and other facilities and systems needed for--
(i) the impoundment, storage, treatment,
transportation, or distribution of water (other
than water from the Virgin River) or wastewater;
or
(ii) flood control management.
(B) Duration.--Right-of-way grants issued under this
paragraph shall be valid in perpetuity.
(C) Waiver of fees.--Right-of-way grants issued
under this paragraph shall not require the payment of
rental or cost recovery fees.
[[Page 111 STAT. 2345]]
(3) Youth activity facilities.--Within 30 days after a
request by Clark County, Nevada, the Secretary shall offer to
Clark County, Nevada, the land depicted on the map entitled
``Vicinity Map Parcel 177-28-101-020 dated August 14, 1996, in
accordance with the Recreation and Public Purposes Act for the
construction of youth activity facilities.
(c) Withdrawal.--Subject to valid existing rights, all Federal lands
identified in subsection (a) for disposal are withdrawn from location
and entry, under the mining laws and from operation under the mineral
leasing and geothermal leasing laws until such time as the Secretary
terminates the withdrawal or the lands are patented.
(d) Selection.--
(1) Joint selection required.--The Secretary and the unit of
local government in whose jurisdiction lands referred to in
subsection (a) are located shall jointly select lands to be
offered for sale or exchange under this section. The Secretary
shall coordinate land disposal activities with the unit of local
government in whose jurisdiction such lands are located. Land
disposal activities of the Secretary shall be consistent with
local land use planning and zoning requirements and
recommendations.
(2) Offering.--After land has been selected in accordance
with this subsection, the Secretary shall make the first
offering of land as soon as practicable after the date of the
enactment of this Act.
(e) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year--
(A) 5 percent shall be paid directly to the State of
Nevada for use in the general education program of the
State;
(B) 10 percent shall be paid directly to the
Southern Nevada Water Authority for water treatment and
transmission facility infrastructure in Clark County,
Nevada; and
(C) the remainder shall be deposited in a special
account in the Treasury of the United States for use
pursuant to the provisions of paragraph (3).
Amounts in the special account shall be available to the
Secretary without further appropriation and shall remain
available until expended.
(2) Land exchanges.--
(A) Payments.--In the case of a land exchange under
this section, the non-Federal party shall provide direct
payments to the State of Nevada and the Southern Nevada
Water Authority in accordance with paragraphs (1)(A) and
(B). The payments shall be based on the fair market
value of the Federal lands to be conveyed in the
exchange and shall be considered a cost incurred by the
non-Federal party that shall be compensated by the
Secretary if so provided by any agreement to initiate
exchange.
(B) Pending exchanges.--The provisions of this Act,
except this subsection and subsections (a) and (b),
shall not apply to any land exchange for which an
initial agreement to initiate an exchange was signed by
an authorized
[[Page 111 STAT. 2346]]
representative of the exchange proponent and an
authorized officer of the Bureau of Land Management
prior to February 29, 1996.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary for--
(i) the acquisition of environmentally
sensitive land in the State of Nevada in
accordance with subsection (h), with priority
given to lands located within Clark County;
(ii) capital improvements at the Lake Mead
National Recreation Area, the Desert National
Wildlife Refuge, the Red Rock Canyon National
Conservation Area and other areas administered by
the Bureau of Land Management in Clark County, and
the Spring Mountains National Recreation Area;
(iii) development of a multispecies habitat
conservation plan in Clark County, Nevada;
(iv) development of parks, trails, and natural
areas in Clark County, Nevada, pursuant to a
cooperative agreement with a unit of local
government; and
(v) reimbursement of costs incurred by the
local offices of the Bureau of Land Management in
arranging sales or exchanges under this Act.
(B) Procedures.--The Secretary shall coordinate the
use of the special account with the Secretary of
Agriculture, the State of Nevada, local governments, and
other interested persons, to ensure accountability and
demonstrated results.
(C) Limitation.--Not more than 25 percent of the
amounts available to the Secretary from the special
account in any fiscal year (determined without taking
into account amounts deposited under subsection (g)(4))
may be used in any fiscal year for the purposes
described in subparagraph (A)(ii).
(f ) Investment of Special Account.--All funds deposited as
principal in the special account shall earn interest in the amount
determined by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of the United
States of comparable maturities. Such interest shall be added to the
principal of the account and expended according to the provisions of
subsection (e)(3).
(g) Airport Environs Overlay District Land Transfer.--Upon request
of Clark County, Nevada, the Secretary shall transfer to Clark County,
Nevada, without consideration, all right, title, and interest of the
United States in and to the lands identified in the Agreement, subject
to the following:
(1) Valid existing rights.
(2) Clark County agrees to manage such lands in accordance
with the Agreement and with section 47504 of title 49, United
States Code (relating to airport noise compatibility planning),
and regulations promulgated pursuant to that section.
(3) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed or leased by Clark County, such
sale, lease, or other conveyance shall contain a limitation
which requires uses compatible with the Agreement and such
Airport Noise Compatibility Planning provisions.
[[Page 111 STAT. 2347]]
(4) Clark County agrees that if any of such lands are sold,
leased, or otherwise conveyed by Clark County, such lands shall
be sold, leased, or otherwise conveyed for fair market value.
Clark County shall contribute 85 percent of the gross proceeds
from the sale, lease, or other conveyance of such lands directly
to the special account. If any of such lands sold, leased, or
otherwise conveyed by Clark County are identified on the map
referenced in section 2(a) of the Act entitled ``An Act to
provide for the orderly disposal of certain Federal lands in
Nevada and for the acquisition of certain other lands in the
Lake Tahoe Basin, and for other purposes'', approved December
23, 1980 (94 Stat. 3381; commonly known as the ``Santini-Burton
Act''), the proceeds contributed to the special account by Clark
County from the sale, lease, or other conveyance of such lands
shall be used by the Secretary of Agriculture to acquire
environmentally sensitive land in the Lake Tahoe Basin pursuant
to section 3 of the Santini-Burton Act. Clark County shall
contribute 5 percent of the gross proceeds from the sale, lease,
or other conveyance of such lands directly to the State of
Nevada for use in the general education program of the State,
and the remainder shall be available for use by the Clark County
Department of Aviation for the benefit of airport development
and the Noise Compatibility Program.
SEC. 5. ACQUISITIONS.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``environmentally sensitive land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary or the Secretary of Agriculture--
(A) promote the preservation of natural, scientific,
aesthetic, historical, cultural, watershed, wildlife,
and other values contributing to public enjoyment and
biological diversity;
(B) enhance recreational opportunities and public
access;
(C) provide the opportunity to achieve better
management of public land through consolidation of
Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary may
acquire with the proceeds of the special account environmentally
sensitive land and interests in environmentally sensitive land.
Lands may not be acquired under this section without the consent
of the owner thereof. Funds made available from the special
account may be used with any other funds made available under
any other provision of law.
(3) Consultation.--Before initiating efforts to acquire land
under this subsection, the Secretary or the Secretary of
Agriculture shall consult with the State of Nevada and with
local government within whose jurisdiction the lands are
located, including appropriate planning and regulatory agencies,
and with other interested persons, concerning the necessity of
making the acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
[[Page 111 STAT. 2348]]
Consultation under this paragraph is in addition to any other
consultation required by law.
(b) Administration.--On acceptance of title by the United States,
land and interests in land acquired under this section that is within
the boundaries of a unit of the National Forest System, National Park
System, National Wildlife Refuge System, National Wild and Scenic Rivers
System, National Trails System, National Wilderness Preservation System,
any other system established by Act of Congress, or any national
conservation or national recreation area established by Act of
Congress--
(1) shall become part of the unit or area without further
action by the Secretary or Secretary of Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit or area.
(c) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary or the
Secretary of Agriculture under this section shall be determined pursuant
to section 206 of the Federal Land Policy and Management Act of 1976 and
shall be consistent with other applicable requirements and standards.
Fair market value shall be determined without regard to the presence of
a species listed as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United
States Code, is amended as follows:
(1) By striking ``or'' at the end of subparagraph (F).
(2) By striking the period at the end of subparagraph (G)
and inserting ``; or''.
(3) By adding at the end the following:
``(H) acquired by the Secretary of the Interior or
the Secretary of Agriculture under section 5 of the
Southern Nevada Public Land Management Act of 1998 that
is not otherwise described in subparagraphs (A) through
(G).''.
SEC. 6. REPORT.
The Secretary, in cooperation with the Secretary of Agriculture,
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives an
annual report on all transactions under this Act.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) Transfer of Reversionary Interest.--
(1) In general.--Upon request by a grantee of lands within
Clark County, Nevada, that are subject to a lease or patent
issued under the Recreation and Public Purposes Act, the
Secretary may transfer the reversionary interest in such lands
to other non-Federal lands. The transfer of the reversionary
interest shall only be made to lands of equal value, except that
with respect to the State of Nevada or a unit of local
government an amount equal to the excess (if any) of the fair
market value of lands received by the unit of local government
over the fair market value of lands transferred by the unit of
local government shall be paid to the Secretary and shall be
treated under subsection (e)(1) of section 4 as proceeds from
the sale of land. For purposes of this subsection, the fair
market value of lands to be transferred by the State of
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Nevada or a unit of local government may be based upon a
statement of value prepared by a qualified appraiser.
(2) Terms and conditions applicable to lands acquired.--Land
selected under this subsection by a grantee described in
paragraph (1) shall be subject to the terms and conditions,
uses, and acreage limitations of the lease or patent to which
the lands transferred by the grantee were subject, including the
reverter provisions, under the Recreation and Public Purposes
Act.
(b) Affordable Housing.--The Secretary, in consultation with the
Secretary of Housing and Urban Development, may make available, in
accordance with section 203 of the Federal Land Planning and Management
Act of 1976, land in the State of Nevada at less than fair market value
and under other such terms and conditions as he may determine for
affordable housing purposes. Such lands shall be made available only to
State or local governmental entities, including local public housing
authorities. For the purposes of this subsection, housing shall be
considered to be affordable housing if the housing serves low-income
families as defined in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704).
SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL CONSERVATION
AREA.
Section 3(a)(2) of the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is
amended to read as follows:
``(2) The conservation area shall consist of approximately 195,780
acres as generally depicted on the map entitled `Red Rock Canyon
National Conservation Area Administrative Boundary Modification', dated
August 8, 1996.''.
Approved October 19, 1998.
LEGISLATIVE HISTORY--H.R. 449:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-68 (Comm. on Resources).
SENATE REPORTS: No. 105-291 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Apr. 23, considered and passed
House.
Vol. 144 (1998):
Oct. 2, considered and passed
Senate.
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