Sec. 4. DISPOSAL AND EXCHANGE

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## SEC. 4 DISPOSAL AND EXCHANGE ###

(a)Disposal 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. 1711 and 1712), the Secretary, in accordance with this Act, the Federal Land Policy and Management Act of 1976, and other applicable law, and subject to valid existing rights, is authorized to dispose of lands within the boundary of the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada, as generally depicted on the map entitled “Southern Nevada Public Land Management Act”, dated October 1, 2002. Such map shall be on file and available for public inspection in the offices of the Director and the Las Vegas District of the Bureau of Land Management. ###

(b)Reservation for Local Public Purposes ####

(1)Recreation and public purpose act conveyances Not less than 30 days before the offering of lands for sale or exchange pursuant to subsection (a), the State of Nevada or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the provisions of the Recreation and Public Purposes Act. Pursuant to any such election, the Secretary shall retain the elected lands for conveyance to the State of Nevada or such unit of the local government in accordance with the provisions of the Recreation and Public Purposes Act. ####

(2)Rights-of-way #####

(A)Issuance Upon application, by a unit of local government or regional governmental entity, the Secretary, in accordance with this Act and the Federal Land Policy and Management Act of 1976, and other applicable provisions of law, shall issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for— ######

(i)the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin River) or wastewater; or ######

(ii)flood control management. #####

(B)Duration Right-of-way grants issued under this paragraph shall be valid in perpetuity. #####

(C)Waiver of fees Right-of-way grants issued under this paragraph shall not require the payment of rental or cost recovery fees. ####

(3)Youth activity facilities Within 30 days after a request by Clark County, Nevada, the Secretary shall offer to Clark County, Nevada, the land depicted on the map entitled ``Vicinity Map Parcel 177–28–101–020 dated August 14, 1996, in accordance with the Recreation and Public Purposes Act for the construction of youth activity facilities. ###

(c)Withdrawal Subject to valid existing rights, all Federal lands identified in subsection

(a)for disposal are withdrawn from location and entry, under the mining laws and from operation under the mineral leasing and geothermal leasing laws until such time as the Secretary terminates the withdrawal or the lands are patented. ###

(d)Selection ####

(1)Joint selection required The Secretary and the unit of local government in whose jurisdiction lands referred to in subsection

(a)are located shall jointly select lands to be offered for sale or exchange under this section. The Secretary shall coordinate land disposal activities with the unit of local government in whose jurisdiction such lands are located. Land disposal activities of the Secretary shall be consistent with local land use planning and zoning requirements and recommendations. ####

(2)Offering After land has been selected in accordance with this subsection, the Secretary shall make the first offering of land as soon as practicable after the date of the enactment of this Act. ###

(e)Disposition of Proceeds ####

(1)Land sales Of the gross proceeds of sales of land under this subsection in a fiscal year— #####

(A)5 percent shall be paid directly to the State of Nevada for use in the general education program of the State; #####

(B)10 percent shall be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County, Nevada; and #####

(C)the remainder shall be deposited in a special account in the Treasury of the United States for use pursuant to the provisions of paragraph (3). Amounts in the special account shall be available to the Secretary without further appropriation and shall remain available until expended. ####

(2)Land exchanges #####

(A)Payments In the case of a land exchange under this section, the non-Federal party shall provide direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraphs (1)(A) and (B). The payments shall be based on the fair market value of the Federal lands to be conveyed in the exchange and shall be considered a cost incurred by the non-Federal party that shall be compensated by the Secretary if so provided by any agreement to initiate exchange. #####

(B)Pending exchanges The provisions of this Act, except this subsection and subsections

(a)and (b), shall not apply to any land exchange for which an initial agreement to initiate an exchange was signed by an authorized representative of the exchange proponent and an authorized officer of the Bureau of Land Management prior to February 29, 1996. ####

(3)Availability of special account #####

(A)In general Amounts deposited in the special account shall be expended by the Secretary for— ######

(i)the acquisition of environmentally sensitive land in the State of Nevada in accordance with subsection (h), with priority given to lands located within Clark County; ######

(ii)capital improvements at the Lake Mead National Recreation Area, the Desert National Wildlife Refuge, the Red Rock Canyon National Conservation Area, the Great Basin National Park, and other areas administered by the Bureau of Land Management and the Forest Service in Clark, Lincoln, and White Pine Counties, and the Spring Mountains National Recreation Area; ######

(iii)development and implementation of a multispecies habitat conservation plan in Clark County, Nevada; ######

(iv)development of parks, trails, and natural areas in Clark, Lincoln, Churchill, and White Pine Counties and Washoe County (subject to paragraph (4))1, Nevada, pursuant to a cooperative agreement with a unit of local government or regional governmental entity; 1Section 2601(g)(1) of Public Law 111–11 (123 Stat. 1114) provides for an amendment to clause

(iv)as follows: “by striking ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4))’ and inserting ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))’ ”. The amendment could not be executed because an open parenthesis preceding “4))” in the stricken matter appears in law. Also, an open parenthesis should appear before “4))” in the inserted matter. ######

(v)up to 10 percent of amounts available, to be used for conservation initiatives on Federal land in Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5)), Nevada, administered by the Department of the Interior or the Department of Agriculture; ######

(vi)transfer to the Secretary of Agriculture, or, if the Secretary of Agriculture enters into a cooperative agreement with the head of another Federal agency, the head of the Federal agency, for Federal environmental restoration projects under sections 6 and 7 of the Lake Tahoe Restoration Act (114 Stat. 2354), environmental improvement payments under section 2(g) of Public Law 96-586 (94 Stat. 3382), and any Federal environmental restoration project included in the environmental improvement program adopted by the Tahoe Regional Planning Agency in February 1998 (as amended), in an amount equal to the cumulative amounts authorized to be appropriated for such projects under those Acts, in accordance with a revision to the Southern Nevada Public Land Management Act of 1998 Implementation Agreement to implement this section, which shall include a mechanism to ensure appropriate stakeholders from the States of California and Nevada participate in the process to recommend projects for funding; ######

(vii)development of a water study for Lincoln and White Pine Counties, Nevada, in an amount not to exceed $6,000,000; ######

(viii)reimbursement of any costs incurred by the Bureau of Land Management to clear debris from and protect land that is— ######

(I)located in the disposal boundary described in subsection (a); and ######

(II)reserved for affordable housing; ######

(ix)development and implementation of comprehensive, cost-effective, multijurisdictional hazardous fuels reduction and wildfire prevention plans (including sustainable biomass and biofuels energy development and production activities) for the Lake Tahoe Basin (to be developed in conjunction with the Tahoe Regional Planning Agency), the Carson Range in Douglas and Washoe Counties and Carson City in the State, and the Spring Mountains in the State, that are— ######

(I)subject to approval by the Secretary; and ######

(II)not more than 10 years in duration; ######

(x)to carry out the Eastern Nevada Landscape Restoration Project in White Pine County, Nevada and Lincoln County, Nevada; ######

(xi)reimbursement of costs incurred by the local offices of the Bureau of Land Management in arranging sales or exchanges under this Act, including costs incurred under paragraph (2)(A); and ######

(xii)reimbursement of costs incurred by the Secretary in the identification, implementation, and consolidation of Federal and non-Federal lands in Churchill County in accordance with section 2908 of division B of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. #####

(B)Procedures The Secretary shall coordinate the use of the special account with the Secretary of Agriculture, the State of Nevada, local governments, and other interested persons, to ensure accountability and demonstrated results. #####

(C)Limitation Not more than 25 percent of the amounts available to the Secretary from the special account in any fiscal year (determined without taking into account amounts deposited under subsection (g)(4)) may be used in any fiscal year for the purposes described in subparagraph (A)(ii). #####

(D)Transfer requirement Subject to such terms and conditions as the Secretary may prescribe, and notwithstanding any other provision of law— ######

(i)for amounts that have been authorized for expenditure under subparagraph (A)(iv) but not transferred as of the date of enactment of this subparagraph, the Secretary shall, not later than 60 days after a request for funds from the applicable unit of local government or regional governmental entity, transfer to the applicable unit of local government or regional governmental entity the amount authorized for the expenditure; and ######

(ii)for expenditures authorized under subparagraph (A)(iv) that are approved by the Secretary, the Secretary shall, not later than 60 days after a request for funds from the applicable unit of local government or regional governmental entity, transfer to the applicable unit of local government or regional governmental entity the amount approved for expenditure. ####

(4)Limitation for washoe county Until December 31, 2015, Washoe County shall be eligible to nominate for expenditure amounts to acquire land (not to exceed 250 acres) and develop 1 regional park and natural area. ####

(5)Limitation for carson city Carson City shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks or natural areas and for conservation initiatives— #####

(A)adjacent to the Carson River; or #####

(B)within the floodplain of the Carson River. ###

(f)Investment of Special Account All funds deposited as principal in the special account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended according to the provisions of subsection (e)(3). ###

(g)Airport Environs Overlay District Land Transfer Upon request of Clark County, Nevada, the Secretary shall transfer to Clark County, Nevada, without consideration, all right, title, and interest of the United States in and to the lands identified in the Agreement, subject to the following: ####

(1)Valid existing rights. ####

(2)Clark County agrees to manage such lands in accordance with the Agreement and with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated pursuant to that section. ####

(3)Clark County agrees that if any of such lands are sold, leased, or otherwise conveyed or leased by Clark County, such sale, lease, or other conveyance shall contain a limitation which requires uses compatible with the Agreement and such Airport Noise Compatibility Planning provisions. ####

(4)Clark County agrees that if any of such lands are sold, leased, or otherwise conveyed by Clark County, such lands shall be sold, leased, or otherwise conveyed for fair market value. Clark County shall contribute 85 percent of the gross proceeds from the sale, lease, or other conveyance of such lands directly to the special account. If any of such lands sold, leased, or otherwise conveyed by Clark County are identified on the map referenced in section 2(a) of the Act entitled “An Act to provide for the orderly disposal of certain Federal lands in Nevada and for the acquisition of certain other lands in the Lake Tahoe Basin, and for other purposes”, approved December 23, 1980 (94 Stat. 3381; commonly known as the “Santini-Burton Act”), the proceeds contributed to the special account by Clark County from the sale, lease, or other conveyance of such lands shall be used by the Secretary of Agriculture to acquire environmentally sensitive land in the Lake Tahoe Basin pursuant to section 3 of the Santini-Burton Act. Clark County shall contribute 5 percent of the gross proceeds from the sale, lease, or other conveyance of such lands directly to the State of Nevada for use in the general education program of the State, and the remainder shall be available for use by the Clark County Department of Aviation for the benefit of airport development and the Noise Compatibility Program.

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