[Senate Report 111-136]
[From the U.S. Government Publishing Office]
Calendar No. 286
111th Congress } { Report
2d Session } SENATE { 111-136
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SOUTHERN NEVADA HIGHER EDUCATION LAND ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 940]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 940) to direct the Secretary of the
Interior to convey to the Nevada System of Higher Education
certain Federal land located in Clark and Nye counties, Nevada,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Nevada Higher Education Land
Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Nevada System of Higher Education.
(2) Campuses.--The term ``Campuses'' means the Great Basin
College, College of Southern Nevada, and University of Las
Vegas, Nevada, campuses.
(3) Federal land.--The term ``Federal land'' means each of
the 3 parcels of Bureau of Land Management land identified on
the maps as ``Parcel to be Conveyed'', of which--
(A) approximately 40 acres is to be conveyed for the
College of Southern Nevada;
(B) approximately 2,085 acres is to be conveyed for
the University of Nevada, Las Vegas; and
(C) approximately 285 acres is to be conveyed for the
Great Basin College.
(4) Map.--The term ``Map'' means each of the 3 maps entitled
``Southern Nevada Higher Education Land Act'', dated July 11,
2008, and on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) System.--The term ``System'' means the Nevada System of
Higher Education.
SEC. 3. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.
(a) Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) 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)), and
subject to all valid existing rights, the Secretary shall--
(A) not later than 180 days after the date of
enactment of this Act, convey to the System, without
consideration, all right, title, and interest of the
United States in and to the Federal land for the Great
Basin College and the College of Southern Nevada; and
(B) on the receipt of certification of acceptable
remediation of environmental conditions existing on the
parcel to be conveyed for the University of Nevada, Las
Vegas, convey to the System, without consideration, all
right, title, and interest of the United States in and
to the Federal land for the University of Nevada, Las
Vegas.
(2) Phases.--The Secretary may phase the conveyance of the
Federal land under paragraph (1)(B) as remediation is
completed.
(b) Conditions.--
(1) In general.--As a condition of the conveyance under
subsection (a)(1), the Board of Regents shall agree in
writing--
(A) to pay any administrative costs associated with
the conveyance, including the costs 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 that may arise from uses
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)(1), to erect at each of
the Campuses 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 the citizens in the
State; and
(E) to assist the Bureau of Land Management in
providing information to the students of the System and
the citizens of the State on--
(i) public land (including the management of
public land) in the Nation; and
(ii) the role of the Bureau of Land
Management in managing, preserving, and
protecting the public land in the State.
(2) Nellis air force base.--
(A) In general.--The Federal land conveyed to the
System under this Act shall be used in accordance with
the agreement entitled the ``Cooperative Interlocal
Agreement between the Board of Regents of the Nevada
System of Higher Education, on Behalf of the University
of Nevada, Las Vegas, and the 99th Air Base Wing,
Nellis Air Force Base, Nevada'' and dated June 19,
2009.
(B) Modifications.--Any modifications to the
interlocal agreement described in subparagraph (A) and
any related master plan shall require the mutual assent
of the parties to the agreement.
(C) Limitation.--In no case shall the use of the
Federal land conveyed under subsection (a)(1)(B)
compromise the national security mission or avigation
rights of Nellis Air Force Base.
(c) Use of Federal Land.--
(1) In general.--The System may use the Federal land conveyed
under subsection (a)(1) for--
(A) any educational or public purpose relating to the
establishment, operation, growth, and maintenance of
the System, including--
(i) educational facilities;
(ii) housing for students, employees of the
System, and educators;
(iii) student life and recreational
facilities, public parks, and open space;
(iv) university and college medical and
health facilities; and
(v) research facilities; and
(B) any other public purpose that would generally be
associated with an institution of higher education,
consistent with the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.).
(2) Other entities.--The System may--
(A) consistent with Federal and State law, lease, or
otherwise provide property or space at, the Campuses,
with or without consideration, to religious, public
interest, community, or other groups for services and
events that are of interest to the System or to any
community located in southern Nevada;
(B) allow any other communities in southern Nevada to
use facilities of the Campuses for educational and
recreational programs of the community; and
(C) in conjunction with the city of Las Vegas, North
Las Vegas, or Pahrump or Clark or Nye County plan,
finance (including through the provision of cost-share
assistance), construct, and operate facilities for the
city of Las Vegas, North Las Vegas, or Pahrump or Clark
or Nye County on the Federal land conveyed 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)(1) ceases to be used for the System
in accordance with the Act, the Federal land, or any portion of the
Federal land shall, at the discretion of the Secretary, revert to the
United States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE
The purpose of S. 940 is to direct the Secretary of the
Interior to convey to the Nevada System of Higher Education
certain Federal land located in Clark and Nye counties, Nevada.
BACKGROUND AND NEED
In 1968, the Nevada System of Higher Education (System) was
formed. It encompasses eight institutions: two research
universities, one state college, one research institution, and
four community colleges. The System serves approximately 98,000
degree-seeking students.
Over the past decade, Southern Nevada has been one of the
fastest growing regions in the country and the System is
expected to grow by 21 percent over the next ten years. The
System needs additional land to accommodate future growth,
particularly for the University of Nevada, Las Vegas, the
College of Southern Nevada, and the Pahrump campus of Great
Basin College.
S. 940 would convey, without consideration, land
administered to meet the future needs of the System.
Approximately 2,085 acres of land would be conveyed to the
University of Nevada, Las Vegas; approximately 40 acres to the
College of Southern Nevada, Las Vegas; and approximately 285
acres to the Great Basin College in Pahrump.
LEGISLATIVE HISTORY
S. 940 was introduced by Senators Reid and Ensign on April
30, 2009. The Subcommittee on Public Lands and Forests held a
hearing on the bill on October 8, 2009. At its business meeting
on December 16, 2009, the Committee on Energy and Natural
Resources ordered S. 940 favorably reported with an amendment
in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass S. 940, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 940, the Committee adopted
an amendment in the nature of a substitute. In addition to
making several technical, clarifying, and conforming edits, the
amendment deletes the finding and purposes section; modifies
provisions relating to land conveyances near Nellis Air Force
Base to clarify that any conveyances should be in accordance
with a 2009 cooperative agreement entered into between the Air
Force and the Nevada Board of Regents; and further clarifies
the educational and public purposes for which conveyances can
be made. The amendment is explained in detail in the section-
by-section analysis.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title for the bill, the
``Southern Nevada Higher Education Land Act of 2009''.
Section 2 defines key terms used in the legislation.
Section 3(a) directs the Secretary of the Interior to
convey, subject to valid existing rights, three parcels of land
administered by the Bureau of Land Management to the University
of Nevada, Las Vegas; the College of Southern Nevada; and the
Great Basin College in Pahrump. The conveyances to the Great
Basin College and the College of Southern Nevada are to take
place not later than 180 days after the date of enactment of
the Act and the conveyance to the University of Nevada, Las
Vegas, shall happen upon receipt of certification of acceptable
remediation of environmental conditions.
Subsection (b) provides that as a condition of the land
conveyances, the Nevada Board of Regents shall pay all
administrative costs associated with the conveyances, use the
Federal land conveyed only for educational and recreational
purposes, release and indemnify the United States from any
claims or liabilities that may arise from uses of the conveyed
lands, and assist the BLM in providing information about public
lands to State residents.
Paragraph (2) requires that the conveyances be in
accordance with the June 19, 2009 cooperative agreement between
the Air Force and the Nevada Board of Regents.
Subsection (c) authorizes the System to use the conveyed
land for any educational or public purpose relating to the
establishment, operation, growth, and maintenance of the Nevada
System of Higher Education, or any other public purpose that
would generally be associated with an institution of higher
education, consistent with the Recreation and Public Purposes
Act (43 U.S.C. 869 et seq.).
Subsection (d) states that if the land conveyed ceases to
be used for the System in accordance with the Act, the land
shall, at the discretion of the Secretary, revert to the United
States.
Section 4 authorizes the appropriation of such sums as are
necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 940--Southern Nevada Higher Education Land Act of 2009
S. 940 would direct the Bureau of Land Management (BLM) to
convey, without consideration, about 2,400 acres of land in
Nevada to the Nevada System of Higher Education. Based on
information provided by BLM, CBO estimates that implementing S.
940 would have no significant effect on discretionary spending.
Enacting the bill would have no net effect on direct spending
and would not affect revenues.
Under S. 940, BLM would convey three parcels of land in
Southern Nevada to nearby colleges or universities for
educational purposes. The Nevada System of Higher Education
would be responsible for administrative costs associated with
the conveyance, including environmental, cultural, or
historical studies.
Because the properties to be conveyed under S. 940 have
already been identified by BLM for potential sale at fair
market value, CBO estimates that enacting the bill would reduce
offsetting receipts (a credit against direct spending) by
around $170 million over the next five years. However, because
the loss of those receipts would be offset by a corresponding
reduction in direct spending, the legislation would have no net
effect on direct spending. We further estimate that any
discretionary costs of the conveyances would be negligible.
S. 940 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The land conveyance authorized in the bill would benefit the
Nevada System of Higher Education. Any costs to the system
would be incurred voluntarily.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 940.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 940, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 940, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the October 8, 2009, Subcommittee hearing on S. 940 follows:
Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land
Management, Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to testify on S. 940, the Southern Nevada
Higher Education Lands Act of 2009. S. 940 would convey,
without consideration, three parcels totaling 2,410 acres to
the Nevada System of Higher Education (NSHE) to meet the needs
of southern Nevada's rapidly growing college and university
system. The BLM supports the goals of S. 940, but would like to
work with Senator Reid, the bill's sponsor, on amendments to
ensure the conveyances are consistent with the Recreation and
Public Purposes Act (R&PP), and to address certain parcel-
specific management needs associated with the conveyances.
background
The Nevada System of Higher Education serves more than
71,000 students in southern Nevada, and its enrollment is
expected to grow by more than 20 percent over the next 10
years. Three institutions of higher education serve southern
Nevada residents: the University of Nevada, Las Vegas; the
College of Southern Nevada, located in Clark County; and Great
Basin College, located in Pahrump in rural Nye County. All
three of these institutions are operating near capacity. The
NSHE is seeking to increase their capacities to provide for
future growth and improve access to higher education
opportunities in southern Nevada.
The communities of Las Vegas and Pahrump are nearly
surrounded by BLM-administered lands. Under the direction of
the 1998 Southern Nevada Public Land Management Act (SNPLMA),
as amended, and through the BLM's land use planning process,
the BLM has identified public lands within and near these
communities for potential disposal from public ownership to
help meet urban growth needs. The three public land parcels
proposed for conveyance by S. 940 have been identified for
disposal through these processes.
The R&PP Act authorizes the Secretary of the Interior to
lease or convey public lands at nominal cost for recreational
and public purposes, including educational facilities,
municipal buildings, golf courses, campgrounds, and other
facilities benefiting the public. Commercial uses may be
allowable under the R&PP Act in limited circumstances, if
revenues from concessions go toward site management and use.
s. 940
S. 940 proposes to convey to the NSHE, without
consideration, all right, title, and interest of the United
States to three parcels detailed on the maps prepared at the
request of Senator Reid, dated July 11, 2008. The bill requires
the NSHE to pay any administrative costs associated with the
conveyances.
The bill requires the conveyed lands to be used for
educational and recreational purposes related to the NSHE, and
it allows residential and commercial development that would
generally be associated with an institution of higher
education. The bill also contains a reversionary clause that
provides for the land to revert to the United States, at the
discretion of the Secretary, if it ceases to be used for the
higher education system.
As a matter of policy, the BLM supports working with State
and local governments to resolve land tenure adjustments that
advance worthwhile public policy objectives. In general, the
BLM supports conveyances if the lands are to be used for
purposes consistent with the R&PP Act and includes a
reversionary clause to enforce that requirement. It is not
clear, however, if the residential or commercial uses
envisioned by the bill would be consistent with the R&PP Act.
The BLM recommends that the legislation be clearly amended to
ensure consistency with the R&PP Act.
S. 940 would convey two parcels that are located in urban
settings near Las Vegas in Clark County. One parcel contains
approximately 40 acres and would be utilized to meet the
expansion needs of the College of Southern Nevada. This parcel
is essentially a vacant, weedy field surrounded by major roads
near a freeway entrance. It contains no significant natural
resource values.
The second parcel contains approximately 2,085 acres and
would be used for the expansion of the University of Nevada,
Las Vegas. This parcel is located in a rapidly urbanizing area
on the northern edge of Las Vegas. Its eastern boundary abuts
Nellis Air Force Base and its northern boundary abuts the
Nevada Desert Wildlife Refuge managed by the U.S. Fish and
Wildlife Service.
Because of their proximity to Nellis Air Force Base, these
lands may have been impacted by past military training
activities and may contain hazardous materials. For this
reason, S. 940 requires that the Secretary receive a
certificate of acceptable remediation of environmental
conditions on the parcel before initiating the conveyance, and
it releases the United States from any liability arising from
prior land uses. The bill also requires, under Sec. 4(2), that
the NSHE enter into a binding agreement with Nellis Air Force
Base to address any site development issues and to preserve the
Base's long-term capability. Because this parcel also borders
the Nevada Desert Wildlife Refuge, we would like to work with
the sponsor to ensure that site development along the shared
boundary would be sensitive to and compatible with refuge
values.
S. 940 would also convey a parcel of approximately 285
acres, located just outside of Pahrump in Nye County, Nevada,
which would be utilized for the expansion of Great Basin
College. This parcel borders an existing BLM fire station and
helipad, and certain types of adjacent development could affect
the safe operation of this facility. This parcel also contains
Carpenter Canyon Road, which is heavily utilized for recreation
activities and provides access to the west side of the Spring
Mountain National Recreation Area, which is managed by the U.S.
Forest Service. The BLM would like to work with the sponsor to
ensure that the bill provides for the continuation of these
existing land uses and access to National Forest System land.
We also note that this parcel contains desert tortoise habitat.
If conveyed, the NSHE would need to prepare a Habitat
Conservation Plan, obtain an incidental take permit, and meet
other requirements of the U.S. Fish and Wildlife Service before
site development could proceed.
Finally, under S. 940, the NSHE will assist the BLM in
sharing information with students and Nevada citizens about
public land resources and the BLM's role in managing public
lands. The BLM looks forward to working with the NSHE on this
constructive, collaborative effort.
conclusion
Thank you for the opportunity to testify. The BLM looks
forward to working with the bill's sponsor and the Committee to
address the needs of the Nevada System of Higher Education.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 940 as ordered
reported.