Sloan Canyon Conservation and Lateral Pipeline Act

Bill: 118-s-2042
Sponsor: full_name: Sen. Cortez Masto, Catherine [D-NV]
Introduced: 2023-06-15
Policy area: Public Lands and Natural Resources
Subjects: Geography and mapping

Land use and conservation

Nevada

Pipelines

Water use and supply
Latest action: action_date: 2024-12-19
text: Held at the desk.

Summaries:
action_date: 2024-12-18
action_desc: Passed Senate
text: <p><strong>Sloan Canyon Conservation and Lateral Pipeline Act</strong></p><p>This bill expands the boundaries of the Sloan Canyon National Conservation Area in Clark County, Nevada, and grants rights-of-way through the conservation area for the construction of a water transmission pipeline and related facilities.&nbsp;</p><p>Specifically, the bill requires the Bureau of Land Management (BLM), which administers the conservation area, to grant certain rights-of-way to the Southern Nevada Water Authority (SNWA) for the purposes of (1) performing geotechnical investigations within the rights-of-way, and (2) constructing and operating a water pipeline and related facilities.&nbsp;</p><p>Rights-of-way may not be located through or under areas designated as wilderness, and construction of the pipeline may not permanently adversely affect surface resources within the conservation area. The BLM may place other reasonable terms and conditions on the issuance of rights-of-way as necessary to protect the conservation area’s resources.&nbsp;<br/>&nbsp;<br/>In tunneling the water pipeline, SNWA may excavate and dispose of sand, gravel, minerals, and other materials as needed. The BLM must enter into a memorandum of understanding with SNWA to identify federal land on which SNWA may dispose of such materials.&nbsp;</p><p>The bill also adds approximately 9,000 acres of land&nbsp;to the conservation area. This expansion of the conservation area is subject to valid existing rights (e.g., utility transmission rights), must not preclude authorized activities within existing rights-of-way or corridors, and must not preclude the BLM from authorizing new utility rights-of-way.</p>

tv_txt: 118th CONGRESS 2d Session S. 2042 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Sloan Canyon National Conservation Area Act to adjust the boundary of the Sloan Canyon National Conservation Area, and for other purposes.

1. Short title This Act may be cited as the Sloan Canyon Conservation and Lateral Pipeline Act . 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). 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 ).

Passed the Senate December 18 (legislative day, December 16), 2024. Secretary

tv_txt: II Calendar No. 299 118th CONGRESS 1st Session S. 2042 [Report No. 118–147] 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.

1. Short title This Act may be cited as the Sloan Canyon Conservation and Horizon Lateral Water Pipeline Act . 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). 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, 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— (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 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. . (c) Preservation of Transportation, Utility Corridors, and Management of Conservation Area Nothing in this Act (including an amendment made by this Act)— (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; (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); (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)— (A) in accordance with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) any other applicable law; and (B) subject to such terms and conditions as the Secretary determines to be appropriate; (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 (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 ).

1. Short title This Act may be cited as the Sloan Canyon Conservation and Lateral Pipeline Act . 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). 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 ).

December 20, 2023 Reported with an amendment

tv_txt: II 118th CONGRESS 1st Session S. 2042 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 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.

1. Short title This Act may be cited as the Sloan Canyon Conservation and Horizon Lateral Water Pipeline Act . 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). 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, 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— (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 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. . (c) Preservation of Transportation, Utility Corridors, and Management of Conservation Area Nothing in this Act (including an amendment made by this Act)— (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; (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); (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)— (A) in accordance with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) any other applicable law; and (B) subject to such terms and conditions as the Secretary determines to be appropriate; (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 (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 ).