Text: H.R.1695 — 106th Congress (1999-2000)All Information (Except Text)

Text available as:

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Public Law No: 106-362 (10/27/2000)

 
[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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