S. 3003

Southern Nevada Limited Transition Area Act

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II

108th CONGRESS

2d Session

S. 3003

IN THE SENATE OF THE UNITED STATES

November 18, 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 direct the Secretary of the Interior to convey to the City of Henderson, Nevada, certain Federal land located in the City, and for other purposes.

1.

Short title

This Act may be cited as the Southern Nevada Limited Transition Area Act.

2.

Definitions

In this Act:

(1)

City

The term City means the City of Henderson, Nevada.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

Special account

The term Special Account means the special account established under section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345).

(4)

State

The term State means the State of Nevada.

(5)

Transition area

The term Transition Area means the approximately 547 acres of Federal land located in Henderson, Nevada, and identified as Limited Transition Area on the map entitled Southern Nevada Limited Transition Area Act and dated November 16, 2004.

3.

Southern Nevada Limited Transition Area

(a)

Conveyance

Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the City all right, title, and interest of the United States in and to the Transition Area.

(b)

Use of land for nonresidential development

(1)

In general

After the conveyance to the City under subsection (a), the City may sell any portion or portions of the Transition Area for purposes of nonresidential development.

(2)

Method of sale

The sale of land under paragraph (1) shall be—

(A)

through a competitive bidding process; and

(B)

for not less than fair market value.

(3)

Compliance with charter

Except as provided in paragraphs (2) and (4), the City may sell parcels within the Transition Area only in accordance with the procedures for conveyances established in the City Charter.

(4)

Disposition of proceeds

Of the gross proceeds from the sale of land under paragraph (1), the City shall—

(A)

deposit 85 percent in the Special Account;

(B)

retain 10 percent as compensation for the costs incurred by the City—

(i)

in carrying out land sales under paragraph (1); and

(ii)

for the provision of public infrastructure to serve the Transition Area, including planning, engineering, surveying, and subdividing the Transition Area for nonresidential development; and

(C)

pay 5 percent to the State for use in the general education program of the State.

(c)

Use of land for recreation or other public purposes

The City may elect to retain parcels in the Transition Area for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the election.

(d)

Noise compatibility requirements

The City shall—

(1)

plan and manage the Transition Area in accordance with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated in accordance with that section; and

(2)

agree that if any land in the Transition Area is sold, leased, or otherwise conveyed by the City, the sale, lease, or conveyance shall contain a limitation to require uses compatible with that airport noise compatibility planning.

(e)

Reversion

(1)

In general

If any parcel of land in the Transition Area is not conveyed for nonresidential development under this Act or reserved for recreation or other public purposes under subsection (c) within 20 years after the date of the enactment of this Act, the parcel of land shall, if determined to be appropriate by the Secretary, revert to the United States.

(2)

Inconsistent use

If the City uses any parcel of land within the Transition Area in a manner that is inconsistent with the uses specified in this section—

(A)

at the election of the Secretary, the parcel shall revert to the United States; or

(B)

if the Secretary does not make an election under paragraph (1), the City shall sell the parcel of land in accordance with subsection (b)(2).