[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2042 Reported in Senate (RS)]
<DOC>
Calendar No. 299
118th CONGRESS
1st Session
S. 2042
[Report No. 118-147]
To amend the Sloan Canyon National Conservation Area Act to adjust the
boundary of the Sloan Canyon National Conservation Area, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
December 20, 2023
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Sloan Canyon National Conservation Area Act to adjust the
boundary of the Sloan Canyon National Conservation Area, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Sloan Canyon Conservation
and Horizon Lateral Water Pipeline Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Conservation area.--The term ``Conservation
Area'' means the Sloan Canyon National Conservation
Area.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior (acting through the Director of the
Bureau of Land Management).</DELETED>
<DELETED>SEC. 3. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.</DELETED>
<DELETED> (a) Boundary Adjustment.--</DELETED>
<DELETED> (1) Map.--Section 603(4) of the Sloan Canyon
National Conservation Area Act (16 U.S.C. 460qqq-1(4)) is
amended by striking ``map entitled `Southern Nevada Public Land
Management Act' and dated October 1, 2002'' and inserting ``map
entitled `Proposed Sloan Canyon Expansion' and dated June 7,
2023''.</DELETED>
<DELETED> (2) Acreage.--Section 604(b) of the Sloan Canyon
National Conservation Area Act (16 U.S.C. 460qqq-2(b)) is
amended by striking ``48,438'' and inserting
``57,728''.</DELETED>
<DELETED> (b) Right-of-Way.--Section 605 of the Sloan Canyon
National Conservation Area Act (16 U.S.C. 460qqq-3) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(h) Horizon Lateral Pipeline Right-of-Way.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding sections 202
and 503 of the Federal Land Policy Management Act of 1976 (43
U.S.C. 1712, 1763) and subject to valid existing rights, the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this subsection as
the `Secretary'), shall, not later than 1 year after the date
of enactment of this subsection, grant to the Southern Nevada
Water Authority (referred to in this subsection as the
`Authority'), not subject to the payment of rents or other
charges, the temporary and permanent pipeline, powerline,
facility, and access road rights-of-way depicted on the map for
the purposes of--</DELETED>
<DELETED> ``(A) performing geotechnical
investigations within the rights-of-way; and</DELETED>
<DELETED> ``(B) constructing and operating water
transmission and related facilities.</DELETED>
<DELETED> ``(2) Excavation and disposal.--</DELETED>
<DELETED> ``(A) In general.--The Authority may,
without consideration, excavate and use or dispose of
sand, gravel, minerals, or other materials necessary to
fulfill the purpose of the rights-of-way granted under
paragraph (1).</DELETED>
<DELETED> ``(B) Memorandum of understanding.--Not
later than 30 days after the date on which the rights-
of-way are granted under paragraph (1), the Secretary
and the Authority shall enter into a memorandum of
understanding identifying Federal land on which the
Authority may dispose of materials under subparagraph
(A) to further the interests of the Bureau of Land
Management.''.</DELETED>
<DELETED> (c) Preservation of Transportation, Utility Corridors, and
Management of Conservation Area.--Nothing in this Act (including an
amendment made by this Act)--</DELETED>
<DELETED> (1) includes in the expanded boundary of the
Conservation Area under the amendments made by subsection (a)
land within a designated utility transmission corridor or a
transmission line right-of-way grant approved by the Secretary
in a record of decision issued before the date of enactment of
this Act;</DELETED>
<DELETED> (2) affects the existence, use, operation,
maintenance, repair, construction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation improvement funding, removal, or replacement of any
utility facility or appurtenant right-of-way within an existing
designated transportation and utility corridor within the
expanded boundary of the Conservation Area under the amendments
made by subsection (a);</DELETED>
<DELETED> (3) precludes the Secretary from authorizing the
establishment of a new utility facility right-of-way within an
existing designated transportation and utility corridor within
the expanded boundary of the Conservation Area under the
amendments made by subsection (a)--</DELETED>
<DELETED> (A) in accordance with--</DELETED>
<DELETED> (i) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and</DELETED>
<DELETED> (ii) any other applicable law;
and</DELETED>
<DELETED> (B) subject to such terms and conditions
as the Secretary determines to be
appropriate;</DELETED>
<DELETED> (4) prohibits access to, or the repair or
replacement of, a transmission line within a right-of-way
within the expanded boundary of the Conservation Area under the
amendments made by subsection (a) that was issued before the
date of enactment of this Act; or</DELETED>
<DELETED> (5) except as provided in the amendment made by
subsection (b), modifies the management of the Conservation
Area pursuant to section 605 of the Sloan Canyon National
Conservation Area Act (16 U.S.C. 460qqq-3).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sloan Canyon Conservation and
Lateral Pipeline Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Sloan Canyon National Conservation Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (acting through the Director of the Bureau of
Land Management).
SEC. 3. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--
(1) Map.--Section 603(4) of the Sloan Canyon National
Conservation Area Act (16 U.S.C. 460qqq-1(4)) is amended by
striking ``map entitled `Southern Nevada Public Land Management
Act' and dated October 1, 2002'' and inserting ``map entitled
`Proposed Sloan Canyon Expansion' and dated June 7, 2023''.
(2) Acreage.--Section 604(b) of the Sloan Canyon National
Conservation Area Act (16 U.S.C. 460qqq-2(b)) is amended by
striking ``48,438'' and inserting ``57,728''.
(b) Right-of-way.--Section 605 of the Sloan Canyon National
Conservation Area Act (16 U.S.C. 460qqq-3) is amended by adding at the
end the following:
``(h) Horizon Lateral Pipeline Right-of-way.--
``(1) In general.--Notwithstanding sections 202 and 503 of
the Federal Land Policy Management Act of 1976 (43 U.S.C. 1712,
1763) and subject to valid existing rights and paragraph (3),
the Secretary of the Interior, acting through the Director of
the Bureau of Land Management (referred to in this subsection
as the `Secretary'), shall, not later than 1 year after the
date of enactment of this subsection, grant to the Southern
Nevada Water Authority (referred to in this subsection as the
`Authority'), not subject to the payment of rents or other
charges, the temporary and permanent water pipeline
infrastructure, and outside the boundaries of the Conservation
Area, powerline, facility, and access road rights-of-way
depicted on the map for the purposes of--
``(A) performing geotechnical investigations within
the rights-of-way; and
``(B) constructing and operating water transmission
and related facilities.
``(2) Excavation and disposal.--
``(A) In general.--The Authority may, without
consideration, excavate and use or dispose of sand,
gravel, minerals, or other materials from the tunneling
of the water pipeline necessary to fulfill the purpose
of the rights-of-way granted under paragraph (1).
``(B) Memorandum of understanding.--Not later than
30 days after the date on which the rights-of-way are
granted under paragraph (1), the Secretary and the
Authority shall enter into a memorandum of
understanding identifying Federal land on which the
Authority may dispose of materials under subparagraph
(A) to further the interests of the Bureau of Land
Management.
``(3) Requirements.--A right-of-way issued under this
subsection shall be subject to the following requirements:
``(A) The Secretary may include reasonable terms
and conditions, consistent with section 505 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1765), as are necessary to protect Conservation
Area resources.
``(B) Construction of the water pipeline shall not
permanently adversely affect conservation area surface
resources.
``(C) The right-of-way shall not be located through
or under any area designated as wilderness.''.
(c) Preservation of Transmission and Utility Corridors and Rights-
of-way.--The expansion of the Conservation Area boundary under the
amendment made by subsection (a)--
(1) shall be subject to valid existing rights, including
land within a designated utility transmission corridor or a
transmission line right-of-way grant approved by the Secretary
in a record of decision issued before the date of enactment of
this Act;
(2) shall not preclude--
(A) any activity authorized in accordance with a
designated corridor or right-of-way referred to in
paragraph (1), including the operation, maintenance,
repair, or replacement of any authorized utility
facility within the corridor or right-of-way; or
(B) the Secretary from authorizing the
establishment of a new utility facility right-of-way
within an existing designated transportation and
utility corridor referred to in paragraph (1) in
accordance with--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and other
applicable laws; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate;
and
(3) except as provided in the amendment made by subsection
(b), modifies the management of the Conservation Area pursuant
to section 605 of the Sloan Canyon National Conservation Area
Act (16 U.S.C. 460qqq-3).
Calendar No. 299
118th CONGRESS
1st Session
S. 2042
[Report No. 118-147]
_______________________________________________________________________
A BILL
To amend the Sloan Canyon National Conservation Area Act to adjust the
boundary of the Sloan Canyon National Conservation Area, and for other
purposes.
_______________________________________________________________________
December 20, 2023
Reported with an amendment