II
109th CONGRESS
1st Session
S. 405
IN THE SENATE OF THE UNITED STATES
February 16, 2005
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 public land in Clark County, Nevada, for use as a heliport.
Conveyance of property to clark County, Nevada
Findings
Congress finds that—
the Las Vegas Valley in the State of Nevada is the fastest growing community in the United States;
helicopter tour operations are conflicting with the needs of long-established residential communities in the Valley; and
the designation of a public heliport in the Valley that would reduce conflicts between helicopter tour operators and residential communities is in the public interest.
Purpose
The purpose of this Act is to provide a suitable location for the establishment of a commercial service heliport facility to serve the Las Vegas Valley in the State of Nevada while minimizing and mitigating the impact of air tours on the Sloan Canyon National Conservation Area and North McCullough Mountains Wilderness.
Definitions
In this Act:
Conservation Area
The term Conservation Area means the Sloan Canyon National Conservation Area established by section 604(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2010).
County
The term County means Clark County, Nevada.
Helicopter tour
In general
The term helicopter tour means a commercial helicopter tour operated for profit.
Exclusion
The term helicopter tour does not include a helicopter tour that is carried out to assist a Federal, State, or local agency.
Secretary
The term Secretary means the Secretary of the Interior.
Wilderness
The term Wilderness means the North McCullough Mountains Wilderness established by section 202(a)(13) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 2000).
Conveyance
As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (e).
Description of land
The parcel of land to be
conveyed under subsection (d) is the parcel of approximately 229 acres of land
depicted as tract A on the map entitled Clark County Public Heliport
Facility
and dated May 3, 2004.
Use of land
In general
The parcel of land conveyed under subsection (d)—
shall be used by the County for the operation of a heliport facility under the conditions stated in paragraphs (2) and (3); and
shall not be disposed of by the County.
Imposition of fees
In general
Any operator of a helicopter tour originating from or concluding at the parcel of land described in subsection (e) shall pay to the Clark County Department of Aviation a $3 conservation fee for each passenger on the helicopter tour if any portion of the helicopter tour occurs over the Conservation Area.
Disposition of funds
Any amounts collected under subparagraph (A) shall be deposited in a special account in the Treasury of the United States, which shall be available to the Secretary, without further appropriation, for the management of cultural, wildlife, and wilderness resources on public land in the State of Nevada.
Flight path
Except for safety reasons, any helicopter tour originating or concluding at the parcel of land described in subsection (e) that flies over the Conservation Area shall not fly—
over any area in the Conservation Area except the area that is between 3 and 5 miles north of the latitude of the southernmost boundary of the Conservation Area;
lower than 1,000 feet over the eastern segments of the boundary of the Conservation Area; or
lower than 500 feet over the western segments of the boundary of the Conservation Area.
Reversion
If the County ceases to use any of the land described in subsection (d) for the purpose described in paragraph (1)(A) and under the conditions stated in paragraphs (2) and (3)—
title to the parcel shall revert to the United States, at the option of the United States; and
the County shall be responsible for any reclamation necessary to revert the parcel to the United States.
Administrative costs
The Secretary shall require, as a condition of the conveyance under subsection (d), that the County pay the administrative costs of the conveyance, including survey costs and any other costs associated with the transfer of title.