S. 2846

Nye County Higher Education Campus Conveyance Act

Latest

II

108th CONGRESS

2d Session

S. 2846

IN THE SENATE OF THE UNITED STATES

September 24, 2004

Mr. Reid (for himself and Mr. Ensign) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for the conveyance of certain Bureau of Land Management land in the State of Nevada to the University and Community College System of Nevada, and for other purposes.

1.

Short title

This Act may be cited as the Nye County Higher Education Campus Conveyance Act.

2.

Definitions

(a)

Definitions

In this Act:

(1)

Chancellor

The term Chancellor means the Chancellor of the University system.

(2)

County

The term County means the County of Nye, Nevada.

(3)

College

The term College means the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada, a component of the University system.

(4)

Federal land

The term Federal land means the parcel of Bureau of Land Management land identified on the map as the N1/2 (excluding the NW1/4NW1/4) of sec. 2 of T. 21 S., R. 54 E.

(5)

Map

The term map means the map entitled Southern Nevada Public Land Management Act and dated October 1, 2002.

(6)

State

The term State means the State of Nevada.

(7)

University system

The term University system means the University and Community College System of Nevada.

3.

Conveyance to the university and community college system of Nevada

(a)

In general

Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869(c)), not later than 1 year after the date on which a survey defining the official metes and bounds of the Federal land is approved by the Secretary, the Secretary shall convey to the University system without consideration, all right, title, and interest of the United States in and to the Federal land for use as a campus for the College.

(b)

Conditions

(1)

In general

As a condition of the conveyance under subsection (a), the Chancellor shall agree in writing—

(A)

to pay any administrative costs associated with the conveyance, including the cost of any environmental, wildlife, cultural, or historical resources studies;

(B)

to use the Federal land conveyed for educational and recreational purposes;

(C)

to release and indemnify the United States from any claims or liabilities which may arise from uses that are carried out on the Federal land on or before the date of enactment of this Act by the United States or any person;

(D)

as soon as practicable after the date of the conveyance under subsection (a), to erect at the College an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of citizens in the State; and

(E)

to assist the Bureau of Land Management in providing information to the students of the College and the citizens of the State on—

(i)

public land in the State; and

(ii)

the role of the Bureau of Land Management in managing, preserving, and protecting the public land.

(2)

Valid existing rights

The conveyance under subsection (a) shall be subject to all valid existing rights.

(c)

Use of Federal land

(1)

In general

The University system may use the land conveyed under subsection (a) for—

(A)

any purpose relating to the establishment, operation, growth, and maintenance of the College; and

(B)

any uses relating to those purposes, including residential and commercial development that would generally be associated with an institution of higher education.

(2)

Other entities

The University system may—

(A)

consistent with Federal and State law, lease or otherwise provide property or space at the College, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the College, the University system, or any community located in the County;

(B)

allow the County or any other community in the County to use facilities of the College for educational and recreational programs of the County or community; and

(C)

in conjunction with the County, plan, finance (including through the provision of cost-share assistance), construct, and operate facilities for the County on the Federal land for educational or recreational purposes consistent with this section.

(d)

Reversion

If the Federal land or any portion of the Federal land conveyed under subsection (a) ceases to be used for the College, the Federal land or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States.