COMMENTARY: Unlocking federal lands

Recent debates about Southern Nevada seeking access to more federal land for development recall similar efforts 30 years ago. Back then, our desire to spend the proceeds from the sale of federally controlled land in Nevada exclusively on Nevada projects met strong resistance from the Appropriations Committees in both the Senate and the House.

The members of Congress who served on these committees were jealously protective of their control over allocating federal revenue. But my staffer Brent Heberlee was at the top of his game. He persuaded the committees that selling federal land in Nevada, which lacked infrastructure, would generate little revenue. Neither committee objected, and we were able to move the Southern Nevada Public Land Management Act forward.

Republican Sen. Trent Lott of Mississippi, then the new majority leader, and Democratic Sen. Tom Daschle of South Dakota, the minority leader, raised no objections to our legislation. With all the boxes checked, the bill was ready for the Senate. I introduced the legislation on March 19, 1996.

Then, despite our best efforts, the bill stalled. We were stunned and, quite frankly, furious. We would have to wait until January 1997 for the next session. On Jan. 21, I reintroduced the legislation. After the bill passed the House in April, I was able to get it moved through committee and to the Senate floor for a vote, where it passed, unanimously. On Oct. 19, 1998, all our work culminated when President Bill Clinton, a colleague from our days as governors, signed the legislation into law.

The legislation freed nearly 69,000 acres of public land in Clark County for development and public purposes. Since the legislation was passed in 1998, thousands of acres of land have been sold to developers. As of today, more than 27,000 acres are still available for development. As Clark County continues to grow, the 28-year-old legislation continues to help provide a workable process to support that growth, including being a key part of the solution to affordable housing in southern Nevada.

In addition, the act has generated close to $5 billion. The key point to remember is that those billions of dollars have remained in Nevada, funding education, addressing our water challenges, housing, public parks and recreation areas and, in turn supporting thousands of jobs. There’s an old saying that people who love sausage and the law should never watch either being made. How this law was made is an important story, because the Southern Nevada Public Land Management Act has changed southern Nevada—for the better

The Southern Nevada Public Lands Management Act of 1998 is the most significant federal public lands legislation since the Homestead Act of 1862, and the most significant public lands legislation ever to affect Nevada. As the author of the bill, I think it’s important to further examine how it became law.

In the 1990’s, the population of the Las Vegas Valley grew by more than 85 percent. This created pressure for more developable land in our valley. That demand, in turn, focused attention on public land controlled by the Bureau of Land Management.

The roots of the legislation can be traced to 1994, when Rep. James Bilbray, who represented Southern Nevada, and his legislative assistant, Heberlee, began working on a solution. First, Bilbray formed a task force that included federal, state and local governments, as well as residential home developers and environmentalists. All provided important input.

Initially, the task force developed a plan to identify which federal lands could be sold for development and which should be retained for public purposes, such as schools, fire stations, parks and other public facilities, at no cost. Another key provision would allow developers to acquire federal land at public auctions. Following these meetings, Bilbray began drafting what ultimately became the Southern Nevada Public Land Management Act.

In November 1994, Bilbray was defeated by Republican John Ensign, who was part of a GOP tidal wave that gave the Republicans the majority in the House and Senate. As a member of Nevada’s congressional delegation, I knew of Heberlee’s ability. I offered him a position on my staff, and he immediately accepted and began working with Sara Besser at my Las Vegas office.

At one of my early meetings with Heberlee, he made me aware of the work he and Bilbray had undertaken to open federal land in Southern Nevada. Heberlee urged me to pick up the baton and take the lead in moving legislation through Congress. I was a bit skeptical about getting residential developers, the conservation community and the federal, state and local governments on the same page.

Despite my skepticism, Besser urged me to move forward. Heberlee said, “I think we can do it.” I wished us all “good luck.” Besser played a key role, as she had close contact with the environmental community, whose specific concerns included Red Rock Canyon, the recreation areas at Lake Mead and the Spring Mountains, and other public parks. Besser was able to answer their questions.

Next on our action list was Ensign. We would need his support for two key reasons. First, he was the congressman who now represented Southern Nevada. Second, with the GOP in the majority in the House, we would need his support to move the bill through the House. I met with John. He wanted a couple of items added to the legislation. We agreed to the changes, and he agreed to back the bill.

Most of the federal public land we sought to acquire fell under the authority of Bruce Babbitt, the U.S. secretary of the Interior. Bruce was from Arizona, and I had known him when we both served as attorneys general, and then when we were both elactad as governors. I called him for an appointment, and we headed to his office.

At the meeting, Heberlee and I laid out the details of our proposal. When we finished, I actually thought Babbitt was going to go into cardiac arrest. His objection focused on the unique aspect of the legislation, and he said it loud and clear: “How could we justify selling federal land with all the money from the sales staying inside Nevada and not going into federal coffers?” We pointed out that, until all of the essential infrastructure such as water mains, sewer lines and utilities were built, the desert land would have little value.

We reached a compromise with Babbitt. Five percent of the funds raised would go to the state of Nevada for public education, 10 percent to the Southern Nevada Water Authority and the remaining funds would have to be spent in Nevada. An important provision of the legislation was the requirement to make BLM land available for affordable housing.

With the draft of the legislation completed, in the winter of 1995, I asked Sen. Harry Reid to join the effort as co-sponsor.

Richard Bryan served as Nevada governor from 1983-1989. He represented Nevada in the U.S. Senate from 1989-2001.