II 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting National 

5 Security and Preserving Access to Public Land in South6 ern Nevada Act of 2023’’. 

7 SEC. 2. SLOAN CANYON NATIONAL CONSERVATION AREA 

8 BOUNDARY ADJUSTMENT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) CONSERVATION AREA.—The term ‘‘Con11 servation Area’’ means the Sloan Canyon National 

12 Conservation Area. 

13 (2) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior (acting through the Di15 rector of the Bureau of Land Management). 

16 (b) BOUNDARY ADJUSTMENT.— 

17 (1) MAP.—Section 603(4) of the Sloan Canyon 

18 National Conservation Area Act (16 U.S.C. 460qqq– 

19 1(4)) is amended by striking ‘‘map entitled ‘South20 ern Nevada Public Land Management Act’ and 

21 dated October 1, 2002’’ and inserting ‘‘map entitled 

22 ‘Proposed Sloan Canyon Expansion’ and dated June 

23 7, 2023’’. 

24 (2) ACREAGE.—Section 604(b) of the Sloan 

25 Canyon National Conservation Area Act (16 U.S.C. 


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1 460qqq–2(b)) is amended by striking ‘‘48,438’’ and 

2 inserting ‘‘57,728’’. 

3 (c) RIGHT-OF-WAY.—Section 605 of the Sloan Can4 yon National Conservation Area Act (16 U.S.C. 460qqq– 

5 3) is amended by adding at the end the following: 

6 ‘‘(h) HORIZON LATERAL PIPELINE RIGHT-OF7 WAY.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding sections 

9 202 and 503 of the Federal Land Policy Manage10 ment Act of 1976 (43 U.S.C. 1712, 1763) and sub11 ject to valid existing rights and paragraph (3), the 

12 Secretary of the Interior, acting through the Direc13 tor of the Bureau of Land Management (referred to 

14 in this subsection as the ‘Secretary’), shall, not later 

15 than 1 year after the date of enactment of this sub16 section, grant to the Southern Nevada Water Au17 thority (referred to in this subsection as the ‘Author18 ity’), not subject to the payment of rents or other 

19 charges, the temporary and permanent water pipe20 line infrastructure, and outside the boundaries of the 

21 Conservation Area, powerline, facility, and access 

22 road rights-of-way depicted on the map for the pur23 poses of— 

24 ‘‘(A) performing geotechnical investigations 

25 within the rights-of-way; and 


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1 ‘‘(B) constructing and operating water 

2 transmission and related facilities. 

3 ‘‘(2) EXCAVATION AND DISPOSAL.— 

4 ‘‘(A) IN GENERAL.—The Authority may, 

5 without consideration, excavate and use or dis6 pose of sand, gravel, minerals, or other mate7 rials from the tunneling of the water pipeline 

8 necessary to fulfill the purpose of the rights-of9 way granted under paragraph (1). 

10 ‘‘(B) MEMORANDUM OF UNDER11 STANDING.—Not later than 30 days after the 

12 date on which the rights-of-way are granted 

13 under paragraph (1), the Secretary and the Au14 thority shall enter into a memorandum of un15 derstanding identifying Federal land on which 

16 the Authority may dispose of materials under 

17 subparagraph (A) to further the interests of the 

18 Bureau of Land Management. 

19 ‘‘(3) REQUIREMENTS.—A right-of-way issued 

20 under this subsection shall be subject to the fol21 lowing requirements: 

22 ‘‘(A) The Secretary may include reasonable 

23 terms and conditions, consistent with section 

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1 ment Act of 1976 (43 U.S.C. 1765), as are nec2 essary to protect Conservation Area resources. 

3 ‘‘(B) Construction of the water pipeline 

4 shall not permanently adversely affect conserva5 tion area surface resources. 

6 ‘‘(C) The right-of-way shall not be located 

7 through or under any area designated as wilder8 ness.’’. 

9 (d) PRESERVATION OF TRANSMISSION AND UTILITY

10 CORRIDORS AND RIGHTS-OF-WAY.—The expansion of the 

11 Conservation Area boundary under the amendment made 

12 by subsection (b)— 

13 (1) shall be subject to valid existing rights, in14 cluding land within a designated utility transmission 

15 corridor or a transmission line right-of-way grant 

16 approved by the Secretary in a record of decision 

17 issued before the date of enactment of this Act; 

18 (2) shall not preclude— 

19 (A) any activity authorized in accordance 

20 with a designated corridor or right-of-way re21 ferred to in paragraph (1), including the oper22 ation, maintenance, repair, or replacement of 

23 any authorized utility facility within the cor24 ridor or right-of-way; or 


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1 (B) the Secretary from authorizing the es2 tablishment of a new utility facility right-of-way 

3 within an existing designated transportation 

4 and utility corridor referred to in paragraph (1) 

5 in accordance with— 

6 (i) the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.) and 

8 other applicable laws; and 

9 (ii) subject to such terms and condi10 tions as the Secretary determines to be ap11 propriate; and 

12 (3) except as provided in the amendment made 

13 by subsection (c), modifies the management of the 

14 Conservation Area pursuant to section 605 of the 

15 Sloan Canyon National Conservation Area Act (16 

16 U.S.C. 460qqq–3). 

17 SEC. 3. AMENDMENTS TO THE APEX PROJECT, NEVADA 

18 LAND TRANSFER AND AUTHORIZATION ACT 

19 OF 1989. 

20 (a) DEFINITIONS.—Section 2(b) of the Apex Project, 

21 Nevada Land Transfer and Authorization Act of 1989 

22 (Public Law 101–67; 103 Stat. 169) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘As used in this Act, the following terms 


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1 shall have the following meanings—’’ and inserting 

2 ‘‘In this Act:’’; 

3 (2) in each of paragraphs (1), (2), (4), and (5), 

4 by inserting a paragraph heading, the text of which 

5 comprises the term defined in that paragraph; 

6 (3) in paragraph (3), by inserting ‘‘COUNTY; 

7 CLARK COUNTY.—’’ before ‘‘The term’’; 

8 (4) in paragraph (6)— 

9 (A) by inserting ‘‘FLPMA TERMS.—’’ be10 fore ‘‘All’’; and 

11 (B) by inserting ‘‘(43 U.S.C. 1701 et 

12 seq.)’’ before the period at the end; 

13 (5) by redesignating paragraphs (1), (2), (3), 

14 (4), (5), and (6) as paragraphs (7), (6), (4), (5), 

15 (2), and (8), respectively; 

16 (6) by inserting before paragraph (2) (as so re17 designated) the following: 

18 ‘‘(1) APEX INDUSTRIAL PARK OWNERS ASSOCIA19 TION.—The term ‘Apex Industrial Park Owners As20 sociation’ means the Apex Industrial Park Owners 

21 Association formed on April 9, 2001, and chartered 

22 in the State of Nevada (including any successor in 

23 interest).’’; and 

24 (7) by inserting after paragraph (2) (as so re25 designated) the following: 


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1 ‘‘(3) CITY.—The term ‘City’ means the city of 

2 North Las Vegas, Nevada.’’. 

3 (b) KERR-MCGEE SITE TRANSFER.—Section 3(b) of 

4 the Apex Project, Nevada Land Transfer and Authoriza5 tion Act of 1989 (Public Law 101–67; 103 Stat. 170) is 

6 amended— 

7 (1) in the first sentence— 

8 (A) by striking ‘‘Clark County’’ and insert9 ing ‘‘Clark County, the City, or the Apex Indus10 trial Park Owners Association, individually or 

11 jointly, as appropriate,’’; and 

12 (B) by striking ‘‘Site’’ and inserting ‘‘Site 

13 and other land conveyed in accordance with this 

14 Act’’; and 

15 (2) in the third sentence, by striking ‘‘Clark 

16 County’’ and inserting ‘‘Clark County, the City, or 

17 the Apex Industrial Park Owners Association, indi18 vidually or jointly, as appropriate,’’. 

19 (c) AUTHORIZATION FOR ADDITIONAL TRANS20 FERS.—Section 4 of the Apex Project, Nevada Land 

21 Transfer and Authorization Act of 1989 (Public Law 101– 

22 67; 103 Stat. 171) is amended— 

23 (1) in subsection (c), by striking ‘‘Clark Coun24 ty’’ and inserting ‘‘Clark County, the City, or the 


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1 Apex Industrial Park Owners Association, individ2 ually or jointly, as appropriate,’’; and 

3 (2) in subsection (e), by adding at the end the 

4 following: 

5 ‘‘(3) MINERAL MATERIALS SALE.—Notwithstanding 

6 the requirements of part 3600 of title 43, Code of Federal 

7 Regulations (as in effect on the date of enactment of this 

8 paragraph), the Secretary may sell, at not less than fair 

9 market value, without advertising or calling for bids and 

10 without regard to volume or time limitations, mineral ma11 terials resulting from grading, land balancing, or other ac12 tivities on the surface of a parcel of land within the Apex 

13 Site for which the United States retains an interest in the 

14 minerals.’’. 

15 (d) ENVIRONMENTAL CONSIDERATIONS.—Section 6 

16 of the Apex Project, Nevada Land Transfer and Author17 ization Act of 1989 (Public Law 101–67; 103 Stat. 173) 

18 is amended by adding at the end the following: 

19 ‘‘(d) COMPLIANCE WITH ENVIRONMENTAL ASSESS20 MENTS.—Each transfer by the United States of land or 

21 interest in lands within the Apex Site or rights-of-way 

22 issued pursuant to this Act shall be conditioned on the 

23 compliance with applicable Federal land laws, including 

24 the National Environmental Policy Act of 1969 (42 U.S.C. 


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1 4321 et seq.) and the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.).’’. 

3 SEC. 4. CLARIFICATION OF AUTHORITY OF DEPARTMENT 

4 OF DEFENSE TO CONDUCT CERTAIN MILI5 TARY ACTIVITIES AT NEVADA TEST AND 

6 TRAINING RANGE. 

7 (a) AUTHORIZED MILITARY ACTIVITIES.—Section 

8 3011(b) of the Military Lands Withdrawal Act of 1999 

9 (Public Law 106–65; 113 Stat. 886) is amended— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), in the second sentence, by inserting ‘‘, sub13 ject to the conditions described in section 

14 3014(a)’’ after ‘‘Secretary of the Air Force’’; 

15 (B) in subparagraph (C), by striking 

16 ‘‘and’’ at the end; 

17 (C) by redesignating subparagraph (D) as 

18 subparagraph (G); and 

19 (D) by inserting after subparagraph (C) 

20 the following: 

21 ‘‘(D) for emergency response; 

22 ‘‘(E) for the establishment and use of ex23 isting or new electronic tracking and commu24 nications sites, including the construction of not 

25 more than 15 equipment pads, not larger than 


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1 150-by-150 feet in size, along existing roads to 

2 allow placement and operation of threat 

3 emitters; 

4 ‘‘(F) for the use and maintenance of roads 

5 in existence as of January 1, 2023, depicted on 

6 the map entitled ‘Desert National Wildlife 

7 Range Proposed Southern Paiute Wilderness 

8 Area’ and dated September 7, 2023, to allow 

9 access to threat emitters and repeaters for in10 stallation, maintenance, and periodic relocation; 

11 and’’; 

12 (2) in paragraph (5)(D)— 

13 (A) in the matter preceding clause (i), by 

14 striking ‘‘shall be construed to effect’’ and in15 serting ‘‘affects’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(iv) The authority of the Secretary 

18 of the Interior to access the portions of the 

19 joint use area under the primary jurisdic20 tion of the Secretary of the Interior to 

21 carry out the management responsibilities 

22 of the Secretary of the Interior for not less 

23 than 10 percent of annual calendar days, 

24 as enumerated in an annual access sched25 ule jointly prepared by the Secretary of the 


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1 Interior and the Secretary of the Air 

2 Force.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(7) LIMITATION ON USE OF CERTAIN LAND

5 BEFORE OPERATIONAL MEMORANDUM OF UNDER6 STANDING.—Notwithstanding subparagraph (E) of 

7 paragraph (1), the Secretary of the Air Force shall 

8 not install or make operational use of an electronic 

9 tracking and communications site authorized under 

10 that subparagraph that was not subject to with11 drawal before the date of enactment of this para12 graph until the date on which the Secretary of the 

13 Air Force and the Secretary of the Interior have en14 tered into a new operational memorandum of under15 standing for management in the joint use area in 

16 the Desert National Wildlife Refuge.’’. 

17 (b) INTERAGENCY COMMITTEE; INTERGOVERN18 MENTAL EXECUTIVE COMMITTEE.—Section 3011(b)(5) of 

19 the Military Lands Withdrawal Act of 1999 (Public Law 

20 106–65; 113 Stat. 887; 134 Stat. 4351) is amended— 

21 (1) in subparagraph (G)— 

22 (A) by striking clause (i) and inserting the 

23 following: 

24 ‘‘(i) IN GENERAL.—The Secretary of 

25 the Interior and the Secretary of the Air 


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1 Force shall jointly establish an interagency 

2 committee (referred to in this subpara3 graph as the ‘interagency committee’)— 

4 ‘‘(I) to facilitate coordination, 

5 manage public access needs and re6 quirements, and minimize potential 

7 conflict between the Department of 

8 the Interior and the Department of 

9 the Air Force with respect to joint op10 erating areas in the Desert National 

11 Wildlife Refuge; 

12 ‘‘(II) to discuss, as needed— 

13 ‘‘(aa) activities under con14 sideration in the joint operating 

15 areas in the Desert National 

16 Wildlife Refuge and the land 

17 under the primary jurisdiction of 

18 the Secretary of the Air Force in 

19 the Desert National Wildlife Ref20 uge; and 

21 ‘‘(bb) the activities author22 ized under paragraph (1); and 

23 ‘‘(III) to provide input to the 

24 United States Fish and Wildlife Serv25 ice and the Department of the Air 


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1 Force in assessing whether the activi2 ties described in subclause (II) may be 

3 conducted in the joint operating areas 

4 in the Desert National Wildlife Ref5 uge that are under the primary juris6 diction of the Secretary of the Interior 

7 or land under the primary jurisdiction 

8 of the Secretary of the Air Force in 

9 the Desert National Wildlife Refuge, 

10 in a manner that is consistent with— 

11 ‘‘(aa) the National Wildlife 

12 Refuge System Administration 

13 Act of 1966 (16 U.S.C. 668dd et 

14 seq.); and 

15 ‘‘(bb) any other applicable 

16 law.’’; and 

17 (B) in clause (ii)— 

18 (i) in subclause (I), by inserting ‘‘, in19 cluding a designee of the Director of the 

20 United States Fish and Wildlife Service’’ 

21 before the period at the end; and 

22 (ii) in subclause (II), by inserting ‘‘, 

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1 lations, and Environment’’ before the pe2 riod at the end; and 

3 (2) in subparagraph (H)(ii)(II), by striking 

4 ‘‘with respect to public access needs and require5 ments’’ and inserting the following: ‘‘with respect 

6 to— 

7 ‘‘(aa) public access needs 

8 and requirements; and 

9 ‘‘(bb) any proposal by the 

10 Secretary of the Air Force to un11 dertake any of the activities au12 thorized under paragraph (1) in 

13 the joint operating areas in the 

14 Desert National Wildlife Refuge 

15 or the land under primary juris16 diction of the Secretary of the 

17 Air Force in the Desert National 

18 Wildlife Refuge’’. 

19 SEC. 5. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, 

20 NEVADA. 

21 (a) DEFINITIONS.—In this section: 

22 (1) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (2) STATE.—The term ‘‘State’’ means the State 

25 of Nevada. 


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1 (3) WILDERNESS AREA.—The term ‘‘wilderness 

2 area’’ means the wilderness area designated by sub3 section (b)(1). 

4 (b) ADDITION TO THE NATIONAL WILDERNESS

5 PRESERVATION SYSTEM.— 

6 (1) DESIGNATION.—In accordance with the 

7 Wilderness Act (16 U.S.C. 1131 et seq.), there is 

8 designated as wilderness and as a component of the 

9 National Wilderness Preservation System the ap10 proximately 736,188 acres of Federal land managed 

11 by the Director of the United States Fish and Wild12 life Service in Clark and Lincoln Counties, Nevada, 

13 to be known as the ‘‘Southern Paiute Wilderness’’. 

14 (2) BOUNDARY.—The boundary of any portion 

15 of the wilderness area that is bordered by a road 

16 shall be not less than 50 feet from the centerline of 

17 the road. 

18 (3) MAP AND LEGAL DESCRIPTION.— 

19 (A) IN GENERAL.—As soon as practicable 

20 after the date of enactment of this Act, the Sec21 retary shall prepare a map and legal description 

22 of the wilderness area. 

23 (B) EFFECT.—The map and legal descrip24 tion prepared under subparagraph (A) shall 

25 have the same force and effect as if included in 


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1 this section, except that the Secretary may cor2 rect clerical and typographical errors in the 

3 map or legal description. 

4 (C) AVAILABILITY.—The map and legal 

5 description prepared under subparagraph (A) 

6 shall be on file and available for public inspec7 tion in the appropriate offices of the United 

8 States Fish and Wildlife Service. 

9 (4) WITHDRAWAL.—Subject to valid existing 

10 rights, the wilderness area is withdrawn from— 

11 (A) all forms of entry, appropriation, and 

12 disposal under the public land laws; 

13 (B) location, entry, and patent under the 

14 mining laws; and 

15 (C) operation of the mineral leasing and 

16 geothermal leasing laws. 

17 (c) MANAGEMENT.—Subject to valid existing rights, 

18 the wilderness area shall be administered by the Secretary 

19 in accordance with the Wilderness Act (16 U.S.C. 1131 

20 et seq.), except that— 

21 (1) any reference in that Act to the effective 

22 date of that Act shall be considered to be a reference 

23 to the date of enactment of this Act; and 


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1 (2) any reference in that Act to the Secretary 

2 of Agriculture shall be considered to be a reference 

3 to the Secretary. 

4 (d) INCORPORATION OF ACQUIRED LAND AND IN5 TERESTS IN LAND.—Any land or interest in land within 

6 the boundary of the wilderness area that is acquired by 

7 the United States after the date of enactment of this Act 

8 shall be added to, and administered as part of, the wilder9 ness area. 

10 (e) WATER RIGHTS.— 

11 (1) FINDINGS.—Congress finds that— 

12 (A) the land designated as the wilderness 

13 area— 

14 (i) is within the Mojave Desert; 

15 (ii) is arid in nature; and 

16 (iii) includes ephemeral streams; 

17 (B) the hydrology of the land designated 

18 as the wilderness area is predominantly charac19 terized by complex flow patterns and alluvial 

20 fans with impermanent channels; 

21 (C) the subsurface hydrogeology of the re22 gion in which the land designated as the wilder23 ness area is located is characterized by— 

24 (i) groundwater subject to local and 

25 regional flow gradients; and 


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1 (ii) unconfined and artesian condi2 tions; 

3 (D) the land designated as the wilderness 

4 area is generally not suitable for use or develop5 ment of new water resource facilities; and 

6 (E) because of the unique nature and hy7 drology of the desert land in the wilderness 

8 area, it is possible to provide for proper man9 agement and protection of the wilderness area 

10 and other values of land in ways different from 

11 ways used in other laws. 

12 (2) EFFECT.—Nothing in this section— 

13 (A) constitutes an express or implied res14 ervation by the United States of any water or 

15 water rights with respect to the wilderness area; 

16 (B) affects any water rights in the State 

17 (including any water rights held by the United 

18 States) in existence on the date of enactment of 

19 this Act; 

20 (C) establishes a precedent with regard to 

21 any future wilderness designations; 

22 (D) affects the interpretation of, or any 

23 designation made under, any other Act; or 

24 (E) limits, alters, modifies, or amends any 

25 interstate compact or equitable apportionment 


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1 decree that apportions water among and be2 tween the State and other States. 

3 (3) STATE WATER LAW.—The Secretary shall 

4 follow the procedural and substantive requirements 

5 of State law in order to obtain and hold any water 

6 rights not in existence on the date of enactment of 

7 this Act with respect to the wilderness area. 

8 (4) NEW PROJECTS.— 

9 (A) DEFINITION OF WATER RESOURCE FA10 CILITY.— 

11 (i) IN GENERAL.—In this paragraph, 

12 the term ‘‘water resource facility’’ means 

13 an irrigation or pumping facility, reservoir, 

14 water conservation work, aqueduct, canal, 

15 ditch, pipeline, well, hydropower project, 

16 transmission or other ancillary facility, and 

17 other water diversion, storage, or carriage 

18 structure. 

19 (ii) EXCLUSION.—In this paragraph, 

20 the term ‘‘water resource facility’’ does not 

21 include a wildlife guzzler. 

22 (B) RESTRICTION ON NEW WATER RE23 SOURCE FACILITIES.—Except as otherwise pro24 vided in this section, on and after the date of 

25 enactment of this Act, neither the President nor 


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1 any other officer, employee, or agent of the 

2 United States shall fund, assist, authorize, or 

3 issue a license or permit for the development of 

4 any new water resource facility within the wil5 derness area. 

6 (f) WILDFIRE, INSECTS, AND DISEASE.—In accord7 ance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

8 1133(d)(1)), the Secretary may take such measures in the 

9 wilderness area as are necessary for the control of fire, 

10 insects, and diseases (including, as the Secretary deter11 mines to be appropriate, the coordination of the activities 

12 with a State or local agency). 

13 (g) DATA COLLECTION.—Subject to such terms and 

14 conditions as the Secretary may prescribe, nothing in this 

15 section precludes the installation and maintenance of hy16 drologic, meteorological, or climatological collection de17 vices in the wilderness area, if the Secretary determines 

18 that the devices and access to the devices are essential 

19 to flood warning, flood control, or water reservoir oper20 ation activities. 

21 (h) MILITARY OVERFLIGHTS.—Nothing in this sec22 tion restricts or precludes— 

23 (1) low-level overflights of military aircraft over 

24 the wilderness area, including military overflights 

25 that can be seen or heard within the wilderness area; 


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1 (2) flight testing or evaluation; or 

2 (3) the designation or creation of new units of 

3 special use airspace or the establishment of military 

4 flight training routes, over the wilderness area. 

5 (i) WILDLIFE MANAGEMENT.— 

6 (1) IN GENERAL.—In accordance with section 

7 4(d)(7) of the Wilderness Act (16 U.S.C. 

8 1133(d)(7)), nothing in this section affects or dimin9 ishes the jurisdiction of the State with respect to 

10 fish and wildlife management, including the regula11 tion of hunting, fishing, and trapping, in the wilder12 ness area. 

13 (2) MANAGEMENT ACTIVITIES.—In furtherance 

14 of the purposes and principles of the Wilderness Act 

15 (16 U.S.C. 1131 et seq.), the Secretary may conduct 

16 any management activities in the wilderness area 

17 that are necessary to maintain or restore fish and 

18 wildlife populations and the habitats to support the 

19 populations, if the activities are carried out— 

20 (A) consistent with relevant wilderness 

21 management plans or comprehensive conserva22 tion plans; and 

23 (B) in accordance with— 

24 (i) the Wilderness Act (16 U.S.C. 

25 1131 et seq.); and 


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1 (ii) appropriate policies, including 

2 policies authorizing the occasional and 

3 temporary use of motorized vehicles, if the 

4 use, as determined by the Secretary, would 

5 promote healthy, viable, and more natu6 rally distributed wildlife populations that 

7 would enhance wilderness values with the 

8 minimal impact necessary to reasonably ac9 complish those tasks. 

10 (3) EXISTING ACTIVITIES.—In accordance with 

11 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

12 1133(d)(1)), the State may continue to use aircraft 

13 (including helicopters) to survey, capture, trans14 plant, monitor, and provide water for wildlife popu15 lations. 

16 (4) WILDLIFE WATER DEVELOPMENT

17 PROJECTS.—Subject to subsection (e), the Secretary 

18 shall authorize structures and facilities, including ex19 isting structures and facilities, for wildlife water de20 velopment projects, including guzzlers, in the wilder21 ness area if— 

22 (A) the structures and facilities would, as 

23 determined by the Secretary, enhance wilder24 ness values by promoting healthy, viable, and 


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1 more naturally distributed wildlife populations; 

2 and 

3 (B) the visual impacts of the structures 

4 and facilities on the wilderness area can reason5 ably be minimized. 

6 (5) HUNTING, FISHING, AND TRAPPING.— 

7 (A) IN GENERAL.—The Secretary may des8 ignate areas in which, and establish periods 

9 during which, for reasons of public safety, ad10 ministration, or compliance with applicable 

11 laws, no hunting, fishing, or trapping will be 

12 permitted in the wilderness area. 

13 (B) CONSULTATION.—Except in an emer14 gency, the Secretary shall consult with the ap15 propriate State agency and notify the public be16 fore taking any action under subparagraph (A). 

17 (j) PRESERVATION OF PUBLIC ACCESS.—The area 

18 depicted as ‘‘Corn Creek / Alamo Road’’ on the map enti19 tled ‘‘Desert National Wildlife Range Proposed Southern 

20 Paiute Wilderness Area’’ and dated September 7, 2023, 

21 shall be preserved for public access. 

22 (k) EFFECT OF ACT.—Nothing in this Act rescinds 

23 or precludes the continued management of any other area 

24 of the Desert National Wildlife Refuge as proposed wilder25 ness until the date on which the area is designated as a 


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25 

•S 3134 IS

1 component of the National Wilderness Preservation Sys2 tem by a subsequent Act of Congress. 

3 SEC. 6. BUREAU OF LAND MANAGEMENT AND STATE OF NE4 VADA COOPERATIVE AGREEMENT. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Secretary of the Interior shall submit to 

7 the Committee on Energy and Natural Resources of the 

8 Senate and the Committee on Natural Resources of the 

9 House of Representatives a report that describes the sta10 tus of the cooperative agreement authorized under section 

11 2905(j)(6) of the James M. Inhofe National Defense Au12 thorization Act for Fiscal Year 2023 (Public Law 117– 

13 263; 136 Stat. 3043). 

Æ 


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