[106th Congress Public Law 362]
[From the U.S. Government Printing Office]
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[DOCID: f:publ362.106]
[[Page 1403]]
IVANPAH VALLEY AIRPORT PUBLIC LANDS TRANSFER ACT
[[Page 114 STAT. 1404]]
Public Law 106-362
106th Congress
An Act
To provide for the conveyance of certain Federal public lands in the
Ivanpah Valley, Nevada, to Clark County, Nevada, for the development of
an airport facility, and for other purposes. <<NOTE: Oct. 27,
2000 - [H.R. 1695]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ivanpah Valley
Airport Public Lands Transfer Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ivanpah Valley Airport Public Lands
Transfer Act''.
SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA.
(a) In General.--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. 1712 and 1713), but subject to
subsection (b) of this section and valid existing rights, the Secretary
shall convey to the County all right, title, and interest of the United
States in and to the Federal public lands identified for disposition on
the map entitled ``Ivanpah Valley, Nevada-Airport Selections'' numbered
01, and dated April 1999, for the purpose of developing an airport
facility and related infrastructure. The Secretary shall keep such map
on file and available for public inspection in the offices of the
Director of the Bureau of Land Management and in the district office of
the Bureau located in Las Vegas, Nevada.
(b) Conditions.--The Secretary shall make no conveyance under
subsection (a) until each of the following conditions are fulfilled:
(1) The County has conducted an airspace assessment, using
the airspace management plan required by section 4(a), to
identify any potential adverse effects on access to the Las
Vegas Basin under visual flight rules that would result from the
construction and operation of a commercial or primary airport,
or both, on the land to be conveyed.
(2) The Federal Aviation Administration has made a
certification under section 4(b).
(3) The County has entered into an agreement with the
Secretary to retain ownership of Jean Airport, located at Jean,
Nevada, and to maintain and operate such airport for general
aviation purposes.
(c) Payment.--
(1) In general.--As consideration for the conveyance of each
parcel, the County shall pay to the United States an amount
equal to the fair market value of the parcel.
[[Page 114 STAT. 1405]]
(2) Deposit in special account.--(A) The Secretary shall
deposit the payments received under paragraph (1) into the
special account described in section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2345). Such
funds may be expended only for the acquisition of private
inholdings in the Mojave National Preserve and for the
protection and management of the petroglyph resources in Clark
County, Nevada. The second sentence of section 4(f ) of such Act
(112 Stat. 2346) shall not apply to interest earned on amounts
deposited under this paragraph.
(B) The Secretary may not expend funds pursuant to this
section until--
(i) the provisions of section 5 of this Act have
been completed; and
(ii) a final Record of Decision pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been issued which permits development
of an airport at the Ivanpah site.
(d) Reversion and Reentry.--If, following completion of compliance
with section 5 of this Act and in accordance with the findings made by
the actions taken in compliance with such section, the Federal Aviation
Administration and the County determine that an airport should not be
constructed on the conveyed lands--
(1) the Secretary of the Interior shall immediately refund
to the County all payments made to the United States for such
lands under subsection (c); and
(2) upon such payment--
(A) all right, title, and interest in the lands
conveyed to the County under this Act shall revert to
the United States; and
(B) the Secretary may reenter such lands.
SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE.
The public lands referred to in section 2(a) are withdrawn from
mineral entry under the Act of May 10, 1872 (30 U.S.C. 22 et seq.;
popularly known as the Mining Law of 1872) and the Mineral Leasing Act
(30 U.S.C. 181 et seq.).
SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION.
(a) Development of Airspace Management Plan.--The Secretary of
Transportation shall, in consultation with the Secretary, prior to the
conveyance of the land referred to in section 2(a), develop an airspace
management plan for the Ivanpah Valley Airport that shall, to the
maximum extent practicable and without adversely impacting safety
considerations, restrict aircraft arrivals and departures over the
Mojave Desert Preserve in California.
(b) Certification of Assessment.--The Administrator of the Federal
Aviation Administration shall certify to the Secretary that the
assessment made by the County under section 2(b)(1) is thorough and that
alternatives have been developed to address each adverse effect
identified in the assessment, including alternatives that ensure access
to the Las Vegas Basin under visual flight rules at a level that is
equal to or better than existing access.
[[Page 114 STAT. 1406]]
SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
REQUIRED.
Prior to construction of an airport facility on lands conveyed under
section 2, all actions required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to initial planning
and construction shall be completed by the Secretary of Transportation
and the Secretary of the Interior as joint lead agencies. Any actions
conducted in accordance with this section shall specifically address any
impacts on the purposes for which the Mojave National Preserve was
created.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``County'' means Clark County, Nevada; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
Approved October 27, 2000.
LEGISLATIVE HISTORY--H.R. 1695:
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HOUSE REPORTS: No. 106-471 (Comm. on Resources).
SENATE REPORTS: No. 106-394 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 146 (2000):
Mar. 9, considered and passed House.
Oct. 5, considered and passed
Senate, amended.
Oct. 17, House concurred in Senate
amendments.
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