Sec. 204. Land disposal and public purpose conveyances

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 4(a) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2344; 116 Stat. 2007; 127 Stat. 3872) is amended, in the first sentence, by striking September 17, 2012 and inserting November 23, 2020 . The following shall not constitute the unauthorized use of sand or gravel for purposes of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2343) or the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 ; 116 Stat. 1994):

The movement of common varieties of sand and gravel on a surface estate acquired under the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2343) or the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 ; 116 Stat. 1994) by the owner of the surface estate for purposes including recontouring or balancing the surface estate or filling utility trenches on the surface estate. The disposal of sand or gravel described in subparagraph

(A)at an off-site landfill. In this subsection: The term eligible entity means the State, a political subdivision of the State, a unit of local government, or a regional governmental entity in the County. The term Federal land means any Federal land in the County— that is leased, patented, authorized as a right-of-way, or otherwise approved for use pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), or any other applicable Federal law; on which a permanent public facility has been or may be constructed; and that is not— under the jurisdiction of the National Park Service or the Department of Defense; or managed as— a unit of the National Wildlife Refuge System; a component of the National Wilderness Preservation System; or a component of the National Landscape Conservation System. Subject to valid existing rights and paragraph (4), on request by an eligible entity for the conveyance of a parcel of Federal land, the Secretary shall convey to the eligible entity by quitclaim deed, without consideration, terms, conditions, reservations, or stipulations, all right, title, and interest of the United States in and to the parcel of Federal land for any public purpose. Not later than 180 days after the date of a request by an eligible entity for a conveyance of Federal land under paragraph (2), the Secretary shall file a map and legal description of the parcel of Federal land to be conveyed under that paragraph. Each map and legal description filed under subparagraph

(A)shall— have the same force and effect as if included in this Act; and be on file and available for public inspection in the Las Vegas Field Office of the Bureau of Land Management. The Secretary may correct any minor error in a map or legal description filed under subparagraph (A). As a condition of a conveyance under paragraph

(2)and except as provided in subparagraph (B), the Secretary shall require that, if the parcel of the Federal land conveyed under that paragraph is no longer used for any public purpose for which the Federal land was conveyed, all right, title, and interest in and to the parcel of Federal land shall— revert to the United States; or on authorization by the Secretary, be disposed of by the eligible entity through a sale, lease, or other conveyance, in accordance with subparagraph (C). The removal of sediment or minerals from a stormwater detention basin or from a parcel of Federal land conveyed under paragraph

(2)shall be considered to be an authorized use. The sale, lease, or other conveyance of a parcel of Federal land by an eligible entity under subparagraph (A)(ii) shall be for fair market value. Any gross proceeds received by an eligible entity from the sale, lease, or other conveyance of a parcel of Federal land under subparagraph (A)(ii) shall be deposited in the special account. If a parcel of Federal land reverts to the Secretary under subparagraph

(A)and the Secretary determines that the Federal land is contaminated with hazardous waste, the eligible entity to which the Federal land was conveyed shall be responsible for remediation of the contamination of the parcel of Federal land. Any lease, patent, or real estate transaction for Federal land conveyed under paragraph

(2)is affirmed and validated as having been completed pursuant to, and in compliance with, the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), for the construction of public schools, fire stations, parks, community centers, law enforcement facilities, flood control facilities, and other public infrastructure. The Secretary shall pay for any administrative and real estate transfer costs incurred in carrying out the conveyances of Federal land under paragraph

(2)using amounts from the special account. In this subsection: The term affordable housing means housing that serves individuals and families with a household income that does not exceed 120 percent of the area median income, including— in the case of homes for sale, homes that retain affordability for future buyers through the use of perpetual resale or deed restrictions; and a manufactured home community, if the manufactured home community is managed by— a nonprofit organization; or a resident-owned cooperative. The term covered land means any parcel of Federal land in the County that is— acquired or conveyed by a unit of local government before, on, or after the date of enactment of this Act for public purposes; and subject to reversion to the United States if the acquired or conveyed Federal land is no longer used for public purposes. Any covered land may be developed, financed, used, and maintained for public purposes, including affordable housing, by any entity operating in the County that has entered into a contract with the applicable unit of local government providing for the use of the covered land by the entity. If an entity seeks to use covered land for affordable housing purposes under subparagraph (A), the entity— shall not be required to comply with notice of realty action requirements with respect to the covered land; but before using the covered land for affordable housing purposes, shall provide, for a period of not less than 14 days, adequate public notice of the use of the covered land. If covered land that is used for affordable housing purposes under subparagraph

(A)ceases to be used for affordable housing or any other public purpose, all right, title, and interest in and to the covered land shall, at the discretion of the Secretary, revert to the United States. On submission of an application to the Secretary by a unit of local government for the conveyance to the unit of local government of covered land for affordable housing purposes as authorized under section 7(b) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 111 Stat. 2349), not later than 90 days after the date of receipt of the application, the Secretary shall convey to the unit of local government, for consideration in an amount of not more than $1, all right, title, and interest of the United States in and to the covered land.

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