[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3134 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3134
To amend the Sloan Canyon National Conservation Area Act to adjust the
boundary of the Sloan Canyon National Conservation Area, to amend the
Apex Project, Nevada Land Transfer and Authorization Act of 1989 to
include the city of North Las Vegas, Nevada, and the Apex Industrial
Park Owners Association, to clarify the authority of the Department of
Defense to conduct certain military activities at the Nevada Test and
Training Range, to designate the Southern Paiute Wilderness in the
State of Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2023
Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Sloan Canyon National Conservation Area Act to adjust the
boundary of the Sloan Canyon National Conservation Area, to amend the
Apex Project, Nevada Land Transfer and Authorization Act of 1989 to
include the city of North Las Vegas, Nevada, and the Apex Industrial
Park Owners Association, to clarify the authority of the Department of
Defense to conduct certain military activities at the Nevada Test and
Training Range, to designate the Southern Paiute Wilderness in the
State of Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting National Security and
Preserving Access to Public Land in Southern Nevada Act of 2023''.
SEC. 2. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.
(a) Definitions.--In this section:
(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).
(b) 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''.
(c) 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.''.
(d) Preservation of Transmission and Utility Corridors and Rights-
of-Way.--The expansion of the Conservation Area boundary under the
amendment made by subsection (b)--
(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
(c), 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).
SEC. 3. AMENDMENTS TO THE APEX PROJECT, NEVADA LAND TRANSFER AND
AUTHORIZATION ACT OF 1989.
(a) Definitions.--Section 2(b) of the Apex Project, Nevada Land
Transfer and Authorization Act of 1989 (Public Law 101-67; 103 Stat.
169) is amended--
(1) in the matter preceding paragraph (1), by striking ``As
used in this Act, the following terms shall have the following
meanings--'' and inserting ``In this Act:'';
(2) in each of paragraphs (1), (2), (4), and (5), by
inserting a paragraph heading, the text of which comprises the
term defined in that paragraph;
(3) in paragraph (3), by inserting ``County; clark
county.--'' before ``The term'';
(4) in paragraph (6)--
(A) by inserting ``FLPMA terms.--'' before ``All'';
and
(B) by inserting ``(43 U.S.C. 1701 et seq.)''
before the period at the end;
(5) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as paragraphs (7), (6), (4), (5), (2), and (8),
respectively;
(6) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Apex industrial park owners association.--The term
`Apex Industrial Park Owners Association' means the Apex
Industrial Park Owners Association formed on April 9, 2001, and
chartered in the State of Nevada (including any successor in
interest).''; and
(7) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) City.--The term `City' means the city of North Las
Vegas, Nevada.''.
(b) Kerr-McGee Site Transfer.--Section 3(b) of the Apex Project,
Nevada Land Transfer and Authorization Act of 1989 (Public Law 101-67;
103 Stat. 170) is amended--
(1) in the first sentence--
(A) by striking ``Clark County'' and inserting
``Clark County, the City, or the Apex Industrial Park
Owners Association, individually or jointly, as
appropriate,''; and
(B) by striking ``Site'' and inserting ``Site and
other land conveyed in accordance with this Act''; and
(2) in the third sentence, by striking ``Clark County'' and
inserting ``Clark County, the City, or the Apex Industrial Park
Owners Association, individually or jointly, as appropriate,''.
(c) Authorization for Additional Transfers.--Section 4 of the Apex
Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law
101-67; 103 Stat. 171) is amended--
(1) in subsection (c), by striking ``Clark County'' and
inserting ``Clark County, the City, or the Apex Industrial Park
Owners Association, individually or jointly, as appropriate,'';
and
(2) in subsection (e), by adding at the end the following:
``(3) Mineral Materials Sale.--Notwithstanding the requirements of
part 3600 of title 43, Code of Federal Regulations (as in effect on the
date of enactment of this paragraph), the Secretary may sell, at not
less than fair market value, without advertising or calling for bids
and without regard to volume or time limitations, mineral materials
resulting from grading, land balancing, or other activities on the
surface of a parcel of land within the Apex Site for which the United
States retains an interest in the minerals.''.
(d) Environmental Considerations.--Section 6 of the Apex Project,
Nevada Land Transfer and Authorization Act of 1989 (Public Law 101-67;
103 Stat. 173) is amended by adding at the end the following:
``(d) Compliance With Environmental Assessments.--Each transfer by
the United States of land or interest in lands within the Apex Site or
rights-of-way issued pursuant to this Act shall be conditioned on the
compliance with applicable Federal land laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).''.
SEC. 4. CLARIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO CONDUCT
CERTAIN MILITARY ACTIVITIES AT NEVADA TEST AND TRAINING
RANGE.
(a) Authorized Military Activities.--Section 3011(b) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
886) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in
the second sentence, by inserting ``, subject to the
conditions described in section 3014(a)'' after
``Secretary of the Air Force'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by redesignating subparagraph (D) as
subparagraph (G); and
(D) by inserting after subparagraph (C) the
following:
``(D) for emergency response;
``(E) for the establishment and use of existing or
new electronic tracking and communications sites,
including the construction of not more than 15
equipment pads, not larger than 150-by-150 feet in
size, along existing roads to allow placement and
operation of threat emitters;
``(F) for the use and maintenance of roads in
existence as of January 1, 2023, depicted on the map
entitled `Desert National Wildlife Range Proposed
Southern Paiute Wilderness Area' and dated September 7,
2023, to allow access to threat emitters and repeaters
for installation, maintenance, and periodic relocation;
and'';
(2) in paragraph (5)(D)--
(A) in the matter preceding clause (i), by striking
``shall be construed to effect'' and inserting
``affects''; and
(B) by adding at the end the following:
``(iv) The authority of the Secretary of
the Interior to access the portions of the
joint use area under the primary jurisdiction
of the Secretary of the Interior to carry out
the management responsibilities of the
Secretary of the Interior for not less than 10
percent of annual calendar days, as enumerated
in an annual access schedule jointly prepared
by the Secretary of the Interior and the
Secretary of the Air Force.''; and
(3) by adding at the end the following:
``(7) Limitation on use of certain land before operational
memorandum of understanding.--Notwithstanding subparagraph (E)
of paragraph (1), the Secretary of the Air Force shall not
install or make operational use of an electronic tracking and
communications site authorized under that subparagraph that was
not subject to withdrawal before the date of enactment of this
paragraph until the date on which the Secretary of the Air
Force and the Secretary of the Interior have entered into a new
operational memorandum of understanding for management in the
joint use area in the Desert National Wildlife Refuge.''.
(b) Interagency Committee; Intergovernmental Executive Committee.--
Section 3011(b)(5) of the Military Lands Withdrawal Act of 1999 (Public
Law 106-65; 113 Stat. 887; 134 Stat. 4351) is amended--
(1) in subparagraph (G)--
(A) by striking clause (i) and inserting the
following:
``(i) In general.--The Secretary of the
Interior and the Secretary of the Air Force
shall jointly establish an interagency
committee (referred to in this subparagraph as
the `interagency committee')--
``(I) to facilitate coordination,
manage public access needs and
requirements, and minimize potential
conflict between the Department of the
Interior and the Department of the Air
Force with respect to joint operating
areas in the Desert National Wildlife
Refuge;
``(II) to discuss, as needed--
``(aa) activities under
consideration in the joint
operating areas in the Desert
National Wildlife Refuge and
the land under the primary
jurisdiction of the Secretary
of the Air Force in the Desert
National Wildlife Refuge; and
``(bb) the activities
authorized under paragraph (1);
and
``(III) to provide input to the
United States Fish and Wildlife Service
and the Department of the Air Force in
assessing whether the activities
described in subclause (II) may be
conducted in the joint operating areas
in the Desert National Wildlife Refuge
that are under the primary jurisdiction
of the Secretary of the Interior or
land under the primary jurisdiction of
the Secretary of the Air Force in the
Desert National Wildlife Refuge, in a
manner that is consistent with--
``(aa) the National
Wildlife Refuge System
Administration Act of 1966 (16
U.S.C. 668dd et seq.); and
``(bb) any other applicable
law.''; and
(B) in clause (ii)--
(i) in subclause (I), by inserting ``,
including a designee of the Director of the
United States Fish and Wildlife Service''
before the period at the end; and
(ii) in subclause (II), by inserting ``,
including a designee of the Assistant Secretary
of the Air Force for Energy, Installations, and
Environment'' before the period at the end; and
(2) in subparagraph (H)(ii)(II), by striking ``with respect
to public access needs and requirements'' and inserting the
following: ``with respect to--
``(aa) public access needs
and requirements; and
``(bb) any proposal by the
Secretary of the Air Force to
undertake any of the activities
authorized under paragraph (1)
in the joint operating areas in
the Desert National Wildlife
Refuge or the land under
primary jurisdiction of the
Secretary of the Air Force in
the Desert National Wildlife
Refuge''.
SEC. 5. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) Wilderness area.--The term ``wilderness area'' means
the wilderness area designated by subsection (b)(1).
(b) Addition to the National Wilderness Preservation System.--
(1) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), there is designated as wilderness and as
a component of the National Wilderness Preservation System the
approximately 736,188 acres of Federal land managed by the
Director of the United States Fish and Wildlife Service in
Clark and Lincoln Counties, Nevada, to be known as the
``Southern Paiute Wilderness''.
(2) Boundary.--The boundary of any portion of the
wilderness area that is bordered by a road shall be not less
than 50 feet from the centerline of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of the wilderness
area.
(B) Effect.--The map and legal description prepared
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the
Secretary may correct clerical and typographical errors
in the map or legal description.
(C) Availability.--The map and legal description
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the United States Fish and Wildlife Service.
(4) Withdrawal.--Subject to valid existing rights, the
wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing and geothermal
leasing laws.
(c) Management.--Subject to valid existing rights, the wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(d) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to, and administered as part of, the wilderness area.
(e) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as the wilderness area--
(i) is within the Mojave Desert;
(ii) is arid in nature; and
(iii) includes ephemeral streams;
(B) the hydrology of the land designated as the
wilderness area is predominantly characterized by
complex flow patterns and alluvial fans with
impermanent channels;
(C) the subsurface hydrogeology of the region in
which the land designated as the wilderness area is
located is characterized by--
(i) groundwater subject to local and
regional flow gradients; and
(ii) unconfined and artesian conditions;
(D) the land designated as the wilderness area is
generally not suitable for use or development of new
water resource facilities; and
(E) because of the unique nature and hydrology of
the desert land in the wilderness area, it is possible
to provide for proper management and protection of the
wilderness area and other values of land in ways
different from ways used in other laws.
(2) Effect.--Nothing in this section--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the wilderness area;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(3) State water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
area.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the
term ``water resource facility'' means an
irrigation or pumping facility, reservoir,
water conservation work, aqueduct, canal,
ditch, pipeline, well, hydropower project,
transmission or other ancillary facility, and
other water diversion, storage, or carriage
structure.
(ii) Exclusion.--In this paragraph, the
term ``water resource facility'' does not
include a wildlife guzzler.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this section, on and
after the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness area.
(f) Wildfire, Insects, and Disease.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take such measures in the wilderness area as are necessary for the
control of fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of the activities with a
State or local agency).
(g) Data Collection.--Subject to such terms and conditions as the
Secretary may prescribe, nothing in this section precludes the
installation and maintenance of hydrologic, meteorological, or
climatological collection devices in the wilderness area, if the
Secretary determines that the devices and access to the devices are
essential to flood warning, flood control, or water reservoir operation
activities.
(h) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness area, including military overflights that can be
seen or heard within the wilderness area;
(2) flight testing or evaluation; or
(3) the designation or creation of new units of special use
airspace or the establishment of military flight training
routes, over the wilderness area.
(i) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the wilderness
area.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities in the
wilderness area that are necessary to maintain or restore fish
and wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management
plans or comprehensive conservation plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, including
policies authorizing the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values with the minimal
impact necessary to reasonably accomplish those
tasks.
(3) Existing activities.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the State
may continue to use aircraft (including helicopters) to survey,
capture, transplant, monitor, and provide water for wildlife
populations.
(4) Wildlife water development projects.--Subject to
subsection (e), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in the
wilderness area if--
(A) the structures and facilities would, as
determined by the Secretary, enhance wilderness values
by promoting healthy, viable, and more naturally
distributed wildlife populations; and
(B) the visual impacts of the structures and
facilities on the wilderness area can reasonably be
minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas
in which, and establish periods during which, for
reasons of public safety, administration, or compliance
with applicable laws, no hunting, fishing, or trapping
will be permitted in the wilderness area.
(B) Consultation.--Except in an emergency, the
Secretary shall consult with the appropriate State
agency and notify the public before taking any action
under subparagraph (A).
(j) Preservation of Public Access.--The area depicted as ``Corn
Creek / Alamo Road'' on the map entitled ``Desert National Wildlife
Range Proposed Southern Paiute Wilderness Area'' and dated September 7,
2023, shall be preserved for public access.
(k) Effect of Act.--Nothing in this Act rescinds or precludes the
continued management of any other area of the Desert National Wildlife
Refuge as proposed wilderness until the date on which the area is
designated as a component of the National Wilderness Preservation
System by a subsequent Act of Congress.
SEC. 6. BUREAU OF LAND MANAGEMENT AND STATE OF NEVADA COOPERATIVE
AGREEMENT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the Interior shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes the
status of the cooperative agreement authorized under section 2905(j)(6)
of the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 3043).
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