Public Law 105-263 - Southern Nevada Public Land Management Act of 1997

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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
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.
(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.
SEC. 4. DISPOSAL AND EXCHANGE (continued)
(b) Reservation for Local Public Purposes.(continued)
(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.
SEC. 4. DISPOSAL AND EXCHANGE (continued)
(e) Disposition of Proceeds. (continued)
(2) Land exchanges.-(A) Payments.--In the case of a land exchange under this section, the nonFederal 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 representative of
the exchange proponent and an authorized officer of the Bureau of Land
Management prior to February 29, 1996.
SEC. 4. DISPOSAL AND EXCHANGE (continued)
(e) Disposition of Proceeds. (continued)
(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 multi-species 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).
SEC. 4. DISPOSAL AND EXCHANGE (continued)
(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.
(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. Consultation under
this paragraph is in addition to any other consultation required by law.

SEC. 5. ACQUISITIONS (continued)
(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 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 reverted 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.”