[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

[[Page 111 STAT. 2349]]

        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.

                                  <all>