Promoting National Security and Preserving Access to Public Land in Southern Nevada Act of 2023

Bill: 118-s-3134
Sponsor: full_name: Sen. Cortez Masto, Catherine [D-NV]
Introduced: 2023-10-25
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2023-10-25
text: Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 3134 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.

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 . 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 ). 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. ). . 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 . 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. 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).