Library / Laws / 113th / s / S. 974 / Reported in Senate
II
Calendar No. 405
113th CONGRESS
2d Session
S. 974
[Report No. 113–178]
IN THE SENATE OF THE UNITED STATES
May 16, 2013Mr. Reid (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
June 2, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To provide for certain land conveyances in the State of Nevada, and for other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Las Vegas Valley Public Land
and Tule Springs Fossil Beds National Monument Act of
2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.Sec. 2. Tule Springs Fossil Beds National Monument.Sec. 3. Addition of land to Red Rock Canyon National
Conservation Area.Sec. 4. Conveyance of Bureau of Land Management land to North
Las Vegas.Sec. 5. Conveyance of Bureau of Land Management land to Las
Vegas.Sec. 6. Expansion of conveyance to Las Vegas Metropolitan
Police Department.Sec. 7. Spring Mountains National Recreation Area
withdrawal.Sec. 8. Southern Nevada Public Land Management Act of 1998
amendments.Sec. 9. Conveyance of land to the Nevada System of Higher
Education.Sec. 10. Land Conveyance for Southern Nevada Supplemental
Airport.Sec. 11. Sunrise Mountain Instant Study Area
release.Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation
Area.Sec. 13. Conveyance of land for Nellis Air Force
Base.Sec. 14. Military overflights.
2.
Tule Springs
Fossil Beds National Monument
(a)
Findings
Congress
finds that—
(1) since 1933, the
Upper Las Vegas Wash has been valued by scientists because of the
significant
paleontological resources demonstrative of the Pleistocene Epoch that are
located in the area;
(2) in 2004, during
the preparation of the Las Vegas Valley Disposal Boundary Final
Environmental
Impact Statement, the Bureau of Land Management identified sensitive
biological, cultural, and paleontological resources determined to be
worthy of
more evaluation with respect to the protective status of the resources;
(3) the Upper Las
Vegas Wash contains thousands of paleontological resources from the
Pleistocene
Epoch that are preserved in a unique geological context that are of
national
importance, including Columbian mammoth, ground sloth, American lion,
camels,
and horse fossils;
(4) in addition to
Joshua trees and several species of cacti, the Las Vegas buckwheat,
Merriam’s
bearpoppy, and the Las Vegas bearpoppy are 3 unique and imperiled plants
that
are supported in the harsh desert environment of Tule Springs;
(5) the area provides
important habitat for threatened desert tortoise, endemic poppy bees, kit
foxes, burrowing owls, LeConte's thrasher, phainopepla, and a variety of
reptiles;
(6) in studies of the
area conducted during the last decade, the Bureau of Land Management and
National Park Service determined that the area likely contains the longest
continuous section of Pleistocene strata in the desert southwest, which
span
multiple important global climate cooling and warming episodes;
(7) the Upper Las
Vegas Wash is significant to the culture and history of the native and
indigenous people of the area, including the Southern Paiute Tribe;
(8) despite the
findings of the studies and recommendations for further assessment of the
resources for appropriate methods of protection—
(A) the area remains
inadequately protected; and
(B) many
irreplaceable fossil specimens in the area have been lost to vandalism or
theft; and
(9) designation of
the Upper Las Vegas Wash site as a National Monument would protect the
unique
fossil resources of the area and the geological context of those resources
for
present and future generations while allowing for public education and
continued scientific research opportunities.
(b)
Definitions
In this section:
(1)
Council
The
term Council means the Tule Springs Fossil Beds National Monument
Advisory Council established by subsection (g)(1).
(2)
County
The
term County means Clark County, Nevada.
(3)
Local
government
The term local government means the City
of Las Vegas, City of North Las Vegas, or the County.
(4)
Management
plan
The term management plan means the management
plan for the Monument developed under subsection (d)(5).
(5)
Map
The
term Map means the map entitled North Las Vegas Valley
Overview and dated April 30, 2013.
(6)
Monument
The
term Monument means the Tule Springs Fossil Beds National Monument
established by subsection (c)(1).
(7)
Public
land
The term public land has the meaning given the
term public lands in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(8)
Public water
agency
The term public water agency means a regional
wholesale water provider that is engaged in the acquisition of water on
behalf
of, or the delivery of water to, water purveyors who are member agencies
of the
public water agency.
(9)
Qualified
electric utility
The term qualified electric utility
means any public or private utility determined by the Secretary to be
technically and financially capable of developing the transmission line.
(10)
Secretary
The
term Secretary means the Secretary of the Interior.
(11)
State
The
term State means the State of Nevada.
(c)
Establishment
(1)
In
general
In order to conserve, protect, interpret, and enhance for
the benefit of present and future generations the unique and nationally
important paleontological, scientific, educational, and recreational
resources
and values of the land described in this subsection, there is established
in
the State, subject to valid existing rights, the Tule Springs Fossil Beds
National Monument.
(2)
Boundaries
The
Monument shall consist of approximately 22,650 acres of public land in the
County within the boundaries generally depicted on the Map.
(3)
Map; legal
description
(A)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare an official map and legal
description of
the boundaries of the Monument.
(B)
Legal
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 any clerical or typographical errors in the
legal description or the map.
(C)
Availability of
map and legal description
The map and legal description prepared
under subparagraph (A) shall be on file and available for public
inspection in
the appropriate offices of the Bureau of Land Management and the National
Park
Service.
(4)
Acquisition of
land
(A)
In
general
Subject to subparagraph (B), the Secretary may acquire
land or interests in land within or adjacent to the boundaries of the
Monument
by donation, purchase with donated or appropriated funds, exchange, or
transfer
from another Federal agency.
(B)
Limitation
Land
or interests in land that are owned by the State or a political
subdivision of
the State may be acquired under subparagraph (A) only by donation or
exchange.
(5)
Withdrawals
Subject
to valid existing rights and subsections (e) and (f), any land within the
Monument or any land or interest in land that is acquired by the United
States
for inclusion in the Monument after the date of enactment of this Act is
withdrawn from—
(A) entry,
appropriation, or disposal under the public land laws;
(B) location, entry,
and patent under the mining laws; and
(C) operation of the
mineral leasing laws, geothermal leasing laws, and minerals materials
laws.
(6)
Relationship to
clark county multi-species habitat conservation plan
(A)
Amendment to
plan
The Secretary shall credit, on an acre-for-acre basis,
approximately 22,650 acres of the land conserved for the Monument under
this
Act toward the development of additional non-Federal land within the
County
through an amendment to the Clark County Multi-Species Habitat
Conservation
Plan.
(B)
Effect on
plan
Nothing in this Act otherwise limits, alters, modifies, or
amends the Clark County Multi-Species Habitat Conservation Plan.
(d)
Administration
(1)
Transfer of
administrative jurisdiction
Administrative jurisdiction over the
approximately 22,650 acres of public land depicted on the Map as Tule
Springs Fossil Bed National Monument is transferred from the Bureau of
Land Management to the National Park Service.
(2)
Management
The
Secretary shall—
(A) allow only such
uses of the Monument that—
(i) are
consistent with this section;
(ii) the Secretary
determines would further the purposes of the Monument; and
(iii) are consistent
with existing rights of previously authorized water facility and high
voltage
transmission facility rights-of-way and any rights-of-way issued under
this
Act, including the operation, maintenance, replacement, and repair and
repair
of the facility; and
(B) manage the
Monument—
(i) in
a manner that conserves, protects, interprets, and enhances the resources
and
values of the Monument; and
(ii) in
accordance with—
(I) this
section;
(II) the provisions
of laws generally applicable to units of the National Park System
(including
the National Park Service Organic Act (16 U.S.C. 1 et seq.)); and
(III) any other
applicable laws.
(3)
Buffer
zones
The establishment of the Monument shall not—
(A) lead to the
creation of express or implied protective perimeters or buffer zones
around or
over the Monument;
(B) preclude disposal
or development of public land adjacent to the boundaries of the Monument,
if
the disposal or development is consistent with other applicable law;
(C) preclude an
activity on, or use of, private land adjacent to the boundaries of the
Monument, if the activity or use is consistent with other applicable law;
or
(D) directly or
indirectly subject an activity on, or use of, private land, to additional
regulation, if the activity or use is consistent with other applicable
law.
(4)
Air and water
quality
Nothing in this Act alters the standards governing air or
water quality outside the boundary of the Monument.
(5)
Management
plan
(A)
In
general
Not later than 3 years after the date of enactment of
this Act, the Secretary shall develop a management plan that provides for
the
long-term protection and management of the Monument.
(B)
Components
The
management plan—
(i) shall, consistent
with this section and the purposes of the Monument—
(I) describe the
resources at the Monument that are to be protected;
(II) describe the
appropriate uses and management of the Monument;
(III) allow for
continued scientific research at the Monument; and
(IV) include a travel
management plan that may include existing public transit; and
(ii) may—
(I) incorporate any
appropriate decisions contained in an existing management or activity plan
for
the land designated as the Monument under subsection (c)(1); and
(II) use information
developed in any study of land within, or adjacent to, the boundary of the
Monument that was conducted before the date of enactment of this Act.
(C)
Public
process
In preparing the management plan, the Secretary
shall—
(i) consult with, and
take into account the comments and recommendations of, the Council;
(ii) provide an
opportunity for public involvement in the preparation and review of the
management plan, including holding public meetings;
(iii) consider public
comments received as part of the public review and comment process of the
management plan; and
(iv) consult with
governmental and nongovernmental stakeholders involved in establishing and
improving the regional trail system to incorporate, where appropriate,
trails
in the Monument that link to the regional trail system.
(6)
Interpretation,
education, and scientific research
(A)
In
general
The Secretary shall provide for public interpretation of,
and education and scientific research on, the paleontological resources of
the
Monument, with priority given to exhibiting and curating the resources.
(B)
Cooperative
agreements
The Secretary may enter into cooperative agreements
with the State, political subdivisions of the State, nonprofit
organizations,
and appropriate public and private entities to carry out subparagraph
(A).
(e)
Renewable
energy transmission facilities
(1)
In
general
On receipt of a complete application from a qualified
electric utility, the Secretary, in accordance with the National
Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the qualified
electric utility a 400-foot right-of-way for the construction and
maintenance
of high-voltage transmission facilities depicted on the Map as Renewable
Energy Transmission Corridor if the high-voltage transmission
facilities do not conflict with other previously authorized rights-of-way
within the corridor.
(2)
Requirements
(A)
In
general
The high-voltage transmission facilities shall—
(i) be
used—
(I) primarily, to the
maximum extent practicable, for renewable energy resources; and
(II) to meet
reliability standards set by the North American Electric Reliability
Corporation, the Western Electricity Coordinating Council, or the public
utilities regulator of the State; and
(ii) employ best
management practices identified as part of the compliance of the Secretary
with
the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to limit impacts on the Monument,
including impacts to the viewshed.
(B)
Capacity
The
Secretary shall consult with the qualified electric utility that is issued
the
right-of-way under paragraph (1) and the public utilities regulator of the
State to seek to maximize the capacity of the high-voltage transmission
facilities.
(3)
Terms and
conditions
The issuance of a notice to proceed on the
construction of the high-voltage transmission facilities within the
right-of-way under paragraph (1) shall be subject to terms and conditions
that
the Secretary (in consultation with the qualified electric utility), as
part of
the compliance of the Secretary with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), determines appropriate to protect and conserve the
resources for which the Monument is managed.
(4)
Expiration of
right-of-way
The right-of-way issued under paragraph (1) shall
expire on the date that is 15 years after the date of enactment of this
Act if
construction of the high-voltage transmission facilities described in
paragraph
(1) has not been initiated by that date, unless the Secretary determines
that
it is in the public interest to continue the right-of-way.
(f)
Water
conveyance facilities
(1)
Water
conveyance facilities corridor
(A)
In
general
On receipt of 1 or more complete applications from a
public water agency and except as provided in subparagraph (B), the
Secretary,
in accordance with the National Environmental Policy Act of 1969 (42
U.S.C.
4321 et seq.), shall issue to the public water agency a 100-foot
right-of-way
for the construction, maintenance, repair, and replacement of a buried
water
conveyance pipeline and associated facilities within the Water
Conveyance Facilities Corridor and the Renewable Energy
Transmission Corridor depicted on the Map.
(B)
Limitation
A
public water agency right-of-way shall not be granted under subparagraph
(A)
within the portion of the Renewable Energy Transmission Corridor that is
located along the Moccasin Drive alignment, which is generally between T.
18 S.
and T. 19 S., Mount Diablo Baseline and Meridian.
(2)
Buried water
conveyance pipeline
On receipt of 1 or more complete applications
from a unit of local government or public water agency, the Secretary, in
accordance with the National Environmental Policy Act of 1969 (42 U.S.C.
4321
et seq.), shall issue to the unit of local government or public water
agency a
100-foot right-of-way for the construction, operation, maintenance,
repair, and
replacement of a buried water conveyance pipeline to access the existing
buried
water pipeline turnout facility and surge tank located in the
NE1/4 sec. 16 of T. 19 S. and R. 61 E.
(3)
Requirements
(A)
Best management
practices
The water conveyance facilities shall employ best
management practices identified as part of the compliance of the Secretary
with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
limit
the impacts of the water conveyance facilities on the Monument.
(B)
Consultations
The
water conveyance facilities within the Renewable Energy Transmission
Corridor shall be sited in consultation with the qualified electric
utility to limit the impacts of the water conveyance facilities on the
high-voltage transmission facilities.
(4)
Terms and
conditions
The issuance of a notice to proceed on the
construction of the water conveyance facilities within the right-of-way
under
paragraph (1) shall be subject to any terms and conditions that the
Secretary,
in consultation with the public water agency, as part of the compliance of
the
Secretary with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et
seq.), determines appropriate to protect and conserve the resources for
which
the Monument is managed.
(g)
Tule Springs
Fossil Beds National Monument Advisory Council
(1)
Establishment
To
provide guidance for the management of the Monument, there is established
the
Tule Springs Fossil Beds National Monument Advisory Council.
(2)
Membership
(A)
Composition
The
Council shall consist of 13 members, to be appointed by the Secretary, of
whom—
(i) 1
member shall be a member of, or be nominated by, the County Commission;
(ii) 1
member shall be a member of, or be nominated by, the city council of Las
Vegas,
Nevada;
(iii) 1
member shall be a member of, or be nominated by, the city council of North
Las
Vegas, Nevada;
(iv) 1
member shall be a member of, or be nominated by, the tribal council of the
Las
Vegas Paiute Tribe;
(v) 1
member shall be a representative of the conservation community in southern
Nevada;
(vi) 1
member shall be a representative of, or be nominated by, the Director of
the
Bureau of Land Management;
(vii) 1
member shall be a representative of, or be nominated by, the Director of
the
United States Fish and Wildlife Service;
(viii) 1 member shall
be a representative of, or be nominated by, the Director of the National
Park
Service;
(ix) 1
member shall be a representative of Nellis Air Force Base;
(x) 1
member shall be nominated by the State;
(xi) 1
member shall reside in the County and have a background that reflects the
purposes for which the Monument was established; and
(xii) 2
members shall reside in the County or adjacent counties, both of whom
shall
have experience in the field of paleontology, obtained through higher
education, experience, or both.
(B)
Initial
appointment
Not later than 180 days after the date of enactment
of this Act, the Secretary shall appoint the initial members of the
Council in
accordance with subparagraph (A).
(3)
Duties of the
council
The Council shall advise the Secretary with respect
to—
(A) the preparation
and implementation of the management plan; and
(B) other issues
related to the management of the Monument (including budgetary matters).
(4)
Compensation
Members
of the Council shall receive no compensation for serving on the Council.
(5)
Chairperson
(A)
In
general
Subject to subparagraph (B), the Council shall elect a
Chairperson from among the members of the Council.
(B)
Limitation
The
Chairperson shall not be a member of a Federal or State agency.
(C)
Term
The
term of the Chairperson shall be 3 years.
(6)
Term of
members
(A)
In
general
The term of a member of the Council shall be 3
years.
(B)
Successors
Notwithstanding
the expiration of a 3-year term of a member of the Council, a member may
continue to serve on the Council until—
(i) the
member is reappointed by the Secretary; or
(ii) a
successor is appointed.
(7)
Vacancies
(A)
In
general
A vacancy on the Council shall be filled in the same
manner in which the original appointment was made.
(B)
Appointment for
remainder of term
A member appointed to fill a vacancy on the
Council—
(i) shall serve for
the remainder of the term for which the predecessor was appointed; and
(ii) may be nominated
for a subsequent term.
(8)
Termination
Unless
an extension is jointly recommended by the Director of the National Park
Service and the Director of the Bureau of Land Management, the Council
shall
terminate on the date that is 6 years after the date of enactment of this
Act.
(h)
Authorization
of appropriations
There are
authorized to be appropriated such sums as are necessary to carry out this
section.
3.
Addition of land
to Red Rock Canyon National Conservation Area
(a)
Definitions
In
this section:
(1)
Conservation
Area
The term Conservation Area means the Red Rock
Canyon National Conservation Area established by the Red Rock Canyon
National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.).
(2)
Map
The
term map means the map entitled North Las Vegas Valley
Overview and dated April 30, 2013.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
Addition of
land to conservation area
(1)
In
general
The Conservation Area is expanded to include the land
depicted on the map as Additions to Red Rock NCA.
(2)
Management
plan
Not later than 2 years after the date on which the land is
acquired, the Secretary shall update the management plan for the
Conservation
Area to reflect the management requirements of the acquired land.
(3)
Map and Legal
Description
(A)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(B)
Minor
errors
The Secretary may correct any minor error in—
(i) the
map; or
(ii) the legal
description.
(C)
Availability
The
map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
4.
Conveyance of
Bureau of Land Management land to North Las Vegas
(a)
Definitions
In
this section:
(1)
Map
The
term map means the map entitled North Las Vegas Valley
Overview and dated April 30, 2013.
(2)
North Las
Vegas
The term North Las Vegas means the city of
North Las Vegas, Nevada.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
Conveyance
As
soon as practicable after the date of enactment of this Act and subject to
valid existing rights, the Secretary shall convey to North Las Vegas,
without
consideration, all right, title, and interest of the United States in and
to
the land described in subsection (c).
(c)
Description of
Land
The land referred to in subsection (b) consists of the land
managed by the Bureau of Land Management described on the map as the
North Las Vegas Job Creation Zone (including the interests in
the land).
(d)
Map and Legal
Description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the map;
or
(B) the legal
description.
(3)
Availability
The
map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
(e)
Use of land for
nonresidential development
(1)
In
general
North Las Vegas may sell, lease, or otherwise convey any
portion of the land described in subsection (c) for nonresidential
development.
(2)
Method of
sale
The sale, lease, or conveyance of land under paragraph (1)
shall be carried out—
(A) through a
competitive bidding process; and
(B) for not less than
fair market value.
(3)
Fair market
value
The Secretary shall determine the fair market value of the
land under paragraph (2)(B) based on an appraisal that is performed in
accordance with—
(A) the Uniform
Appraisal Standards for Federal Land Acquisitions;
(B) the Uniform
Standards of Professional Appraisal Practices; and
(C) any other
applicable law (including regulations).
(4)
Disposition of
proceeds
The gross proceeds from the sale, lease, or conveyance
of land under paragraph (1) shall be distributed in accordance with
section
4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law
105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414;
120
Stat. 3045).
(f)
Use of land for
recreation or other public purposes
(1)
In
general
North Las Vegas may retain a portion of the land
described in subsection (c) for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.) by
providing written notice of the election to the Secretary.
(2)
Revocation
If
North Las Vegas retains land for public recreation or other public
purposes
under paragraph (1), North Las Vegas may—
(A) revoke that
election; and
(B) sell, lease, or
convey the land in accordance with subsection (e).
(g)
Administrative
costs
North Las Vegas shall pay all appraisal costs, survey
costs, and other administrative costs necessary for the preparation and
completion of any patents for, and transfers of title to, the land
described in
subsection (c).
(h)
Reversion
(1)
In
general
If any parcel of land described in subsection (c) is not
conveyed for nonresidential development under this section or reserved for
recreation or other public purposes under subparagraph (f) by the date
that is
30 years after the date of enactment of this Act, the parcel of land
shall, at
the discretion of the Secretary, revert to the United States.
(2)
Inconsistent
use
If North Las Vegas uses any parcel of land described in
subsection (c) in a manner that is inconsistent with this section—
(A) at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B) if the Secretary
does not make an election under subparagraph (A), North Las Vegas shall
sell
the parcel of land in accordance with this section.
5.
Conveyance of
Bureau of Land Management land to Las Vegas
(a)
Definitions
In
this section:
(1)
Las
Vegas
The term Las Vegas means the city of Las
Vegas, Nevada.
(2)
Map
The
term map means the map entitled North Las Vegas Valley
Overview and dated April 30, 2013.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
In
general
As soon as practicable after the date of enactment of
this Act, subject to valid existing rights, and notwithstanding the land
use
planning requirements of sections 202 and 203 of the Federal Land Policy
and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey
to
Las Vegas, without consideration, all right, title, and interest of the
United
States in and to the land described in subsection (c).
(c)
Description of
Land
The land referred to in subsection (b) consists of land
managed by the Bureau of Land Management described on the map as Las
Vegas Job Creation Zone (including interests in the land).
(d)
Map and Legal
Description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the map;
or
(B) the legal
description.
(3)
Availability
The
map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
(e)
Use of
land
(1)
In
general
Las Vegas may sell, lease, or otherwise convey any
portion of the land described in subsection (c) for nonresidential
development.
(2)
Method of
sale
The sale, lease, or conveyance of land under paragraph (1)
shall be carried out, after consultation with the Las Vegas Paiute
Tribe—
(A) through a
competitive bidding process; and
(B) for not less than
fair market value.
(3)
Fair market
value
The Secretary shall determine the fair market value of the
land under paragraph (2)(B) based on an appraisal that is performed in
accordance with—
(A) the Uniform
Appraisal Standards for Federal Land Acquisitions;
(B) the Uniform
Standards of Professional Appraisal Practices; and
(C) any other
applicable law (including regulations).
(4)
Disposition of
proceeds
The gross proceeds from the sale, lease, or conveyance
of land under paragraph (1) shall be distributed in accordance with
section
4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law
105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414;
120
Stat. 3045).
(f)
Use of land for
recreation or other public purposes
(1)
In
general
Las Vegas may retain a portion of the land described in
subsection (c) for public recreation or other public purposes consistent
with
the Act of June 14, 1926 (commonly known as the Recreation and Public
Purposes Act) (43 U.S.C. 869 et seq.) by providing written notice of
the election to the Secretary.
(2)
Revocation
If
Las Vegas retains land for public recreation or other public purposes
under
paragraph (1), Las Vegas may—
(A) revoke that
election; and
(B) sell, lease, or
convey the land in accordance with subsection (e).
(g)
Administrative
costs
Las Vegas shall pay all appraisal costs, survey costs, and
other administrative costs necessary for the preparation and completion of
any
patents for, and transfers of title to, the land described in subsection
(c).
(h)
Reversion
(1)
In
general
If any parcel of land described in subsection (c) is not
conveyed for nonresidential development under this section or reserved for
recreation or other public purposes under subsection (f) by the date that
is 30
years after the date of enactment of this Act, the parcel of land shall,
at the
discretion of the Secretary, revert to the United States.
(2)
Inconsistent
use
If Las Vegas uses any parcel of land described in subsection
(c) in a manner that is inconsistent with this section—
(A) at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B) if the Secretary
does not make an election under subparagraph (A), Las Vegas shall sell the
parcel of land in accordance with this section.
6.
Expansion of
conveyance to Las Vegas Metropolitan Police Department
Section 703 of the Clark County Conservation
of Public Land and Natural Resources Act of 2002 (Public Law 107–282; 116
Stat.
2013) is amended by inserting before the period at the end the following:
and the parcel of land identified as Conveyance to Las Vegas for
Police Shooting Range Access on the map entitled North Las Vegas
Valley Overview, and dated April 30, 2013.
7.
Spring Mountains
National Recreation Area withdrawal
Section 8 of the Spring Mountains National
Recreation Area Act (16 U.S.C. 460hhh–6) is amended—
(1) in subsection (a), by striking for
lands described and inserting as provided; and
(2) by striking subsection (b) and inserting
the following:
(b)
Exceptions
(1)
In
general
Notwithstanding subsection (a),
W1/2E1/2 and
W1/2 sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is
not subject to withdrawal under that subsection.
(2)
Effect of entry
under public land laws
Notwithstanding paragraph (1) of
subsection (a), the following are not subject to withdrawal under
that
paragraph:
(A) Any Federal land
in the Recreation Area that qualifies for conveyance under Public
Law 97–465
(commonly known as the Small Tracts Act) (16 U.S.C. 521c et
seq.), which, notwithstanding section 7 of that Act (16 U.S.C.
521i), may be
conveyed under that Act.
(B) Any Federal land
in the Recreation Area that the Secretary determines to be
appropriate for
conveyance by exchange for non-Federal land within the Recreation
Area under
authorities generally providing for the exchange of National Forest
System
land.
.
8.
Southern Nevada
Public Land Management Act of 1998 amendments
Section 4 of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105–263; 112 Stat. 2344; 116 Stat.
2007) is
amended—
(1) in the first sentence of subsection (a), by
striking dated October 1, 2002 and inserting dated April
30, 2013; and
(2) in subsection
(g), by adding at the end the following:
(5) Notwithstanding
paragraph (4), subject to paragraphs (1) through (3), Clark County
may convey
to a unit of local government or regional governmental entity,
without
consideration, land located within the Airport Environs Overlay
District (as of
the date of enactment of this paragraph) if the land is used for a
water or
wastewater treatment facility or any other public purpose
consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the Recreation
and Public Purposes Act) (43 U.S.C. 869 et seq.), provided that if the
conveyed land is used for a purpose other than a public purpose,
paragraph (4)
would apply to the
conveyance.
.
9.
Conveyance of
land to the Nevada System of Higher Education
(a)
Definitions
In this section:
(1)
Board of
regents
The term Board of Regents means the Board of
Regents of the Nevada System of Higher Education.
(2)
Campuses
The
term Campuses means the Great Basin College, College of Southern
Nevada, and University of Las Vegas, Nevada, campuses.
(3)
Federal
land
The term Federal land means each of the 3
parcels of Bureau of Land Management land identified on the maps as
Parcel to be Conveyed, of which—
(A) approximately 40
acres is to be conveyed for the College of Southern Nevada;
(B) approximately
2,085 acres is to be conveyed for the University of Nevada, Las Vegas;
and
(C) approximately 285
acres is to be conveyed for the Great Basin College.
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
State
The
term State means the State of Nevada.
(6)
System
The
term System means the Nevada System of Higher Education.
(b)
Conveyances of
Federal land to the System
(1)
Conveyances
Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c)
of the
Act of June 14, 1926 (commonly known as the Recreation and Public
Purposes Act) (43 U.S.C. 869(c)) and subject to all valid existing
rights, the Secretary shall—
(A) not later than
180 days after the date of enactment of this Act, convey to the System,
without
consideration, all right, title, and interest of the United States in and
to—
(i) the
Federal land identified on the map entitled Great Basin College Land
Conveyance and dated June 26, 2012, for the Great Basin College;
and
(ii) the Federal land
identified on the map entitled College of Southern Nevada Land
Conveyance and dated June 26, 2012, for the College of Southern Nevada,
subject to the requirement that, as a precondition of the conveyance, the
Board
of Regents shall, by mutual assent, enter into a binding development
agreement
with the City of Las Vegas that—
(I) provides for the
orderly development of the Federal land to be conveyed under this
subclause;
and
(II) complies with
State law; and
(B) convey to the
System, without consideration, all right, title, and interest of the
United
States in and to the Federal land identified on the map entitled North
Las Vegas Valley Overview and dated April 30, 2013, for the University
of Nevada, Las Vegas, if the area identified as Potential Utility
Schedule on the map is reserved for use for a potential 400-foot
utility corridor of certain rights-of-way for transportation and public
utilities.
(2)
Conditions
(A)
In
general
As a condition of the conveyance under paragraph (1), the
Board of Regents shall agree in writing—
(i) to
pay any administrative costs associated with the conveyance, including the
costs of any environmental, wildlife, cultural, or historical resources
studies;
(ii) to
use the Federal land conveyed for educational and recreational purposes;
(iii) to release and
indemnify the United States from any claims or liabilities that may arise
from
uses carried out on the Federal land on or before the date of enactment of
this
Act by the United States or any person; and
(iv) to
assist the Bureau of Land Management in providing information to the
students
of the System and the citizens of the State on—
(I) public land
(including the management of public land) in the Nation; and
(II) the role of the
Bureau of Land Management in managing, preserving, and protecting the
public
land in the State.
(B)
Agreement with
nellis air force base
(i)
In
general
The Federal land conveyed to the System under paragraph
(1)(B) shall be used in accordance with the agreement entitled the
Cooperative Interlocal Agreement between the Board of Regents of the
Nevada System of Higher Education, on Behalf of the University of Nevada,
Las
Vegas, and the 99th Air Base Wing, Nellis Air Force Base, Nevada and
dated June 19, 2009.
(ii)
Modifications
Any
modifications to the agreement described in clause (i) or any related
master
plan shall require the mutual assent of the parties to the agreement.
(iii)
Limitation
In
no case shall the use of the Federal land conveyed under paragraph (1)(B)
compromise the national security mission or avigation rights of Nellis Air
Force Base.
(3)
Use of Federal
land
The System may use the Federal land conveyed under paragraph
(1) for any public purposes consistent with uses allowed under the Act of
June
14, 1926 (commonly known as the Recreation and Public Purposes
Act) (43 U.S.C. 869 et seq.).
(4)
Reversion
(A)
In
general
If the Federal land or any portion of the Federal land
conveyed under paragraph (1) ceases to be used for the System, the Federal
land, or any portion of the Federal land shall, at the discretion of the
Secretary, revert to the United States.
(B)
University of
Nevada, Las Vegas
If the System fails to complete the first
building or show progression toward development of the University of
Nevada,
Las Vegas campus on the applicable parcels of Federal land by the date
that is
50 years after the date of receipt of certification of acceptable
remediation
of environmental conditions, the parcels of the Federal land described in
subsection (a)(3)(B) shall, at the discretion of the Secretary, revert to
the
United States.
(C)
College of
southern nevada
If the System fails to complete the first
building or show progression toward development of the College of Southern
Nevada campus on the applicable parcels of Federal land by the date that
is 12
years after the date of conveyance of the applicable parcels of Federal
land to
the College of Southern Nevada, the parcels of the Federal land described
in
subsection (a)(3)(A) shall, at the discretion of the Secretary, revert to
the
United States.
(c)
Authorization
of appropriations
There are
authorized to be appropriated such sums as are necessary to carry out this
section.
10.
Land Conveyance
for Southern Nevada Supplemental Airport
(a)
Definitions
In
this section:
(1)
County
The
term County means Clark County, Nevada.
(2)
Map
The
term Map means the map entitled Land Conveyance for
Southern Nevada Supplemental Airport and dated June 26, 2012.
(3)
Secretary
The
term Secretary means the Secretary of the Interior.
(b)
Land
conveyance
(1)
In
general
As soon as practicable after the date described in
paragraph (2), subject to valid existing rights and paragraph (3), and
notwithstanding the land use planning requirements of sections 202 and 203
of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the
Secretary shall convey to the County, without consideration, all right,
title,
and interest of the United States in and to the land described in
subsection
(c).
(2)
Date on which
conveyance may be made
The Secretary shall not make the
conveyance described in paragraph (1) until the later of the date on which
the
Administrator of the Federal Aviation Administration has—
(A) approved an
airport layout plan for an airport to be located in the Ivanpah Valley;
and
(B) with respect to
the construction and operation of an airport on the site conveyed to the
County
pursuant to section 2(a) of the Ivanpah Valley Airport Public Lands
Transfer
Act (Public Law 106–362; 114 Stat. 1404), issued a record of decision
after the
preparation of an environmental impact statement or similar analysis
required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3)
Reservation of
mineral rights
In conveying the public land under paragraph (1),
the Secretary shall reserve the mineral estate, except for purposes
related to
flood mitigation (including removal from aggregate flood events).
(4)
Withdrawal
Subject
to valid existing rights, the public land to be conveyed under paragraph
(1) is
withdrawn from—
(A) location, entry,
and patent under the mining laws; and
(B) operation of the
mineral leasing and geothermal leasing laws.
(5)
Use
The
public land conveyed under paragraph (1) shall be used for the development
of
flood mitigation infrastructure for the Southern Nevada Supplemental
Airport.
(6)
Reversion and
reentry
(A)
In
general
If the land conveyed to the County under the Ivanpah
Valley Airport Public Lands Transfer Act (Public Law 106–362; 114 Stat.
1404)
reverts to the United States, the land conveyed to the County under this
section shall revert, at the option of the Secretary, to the United
States.
(B)
Use of
land
If the Secretary determines that the County is not using the
land conveyed under this section for a purpose described in paragraph (4),
all
right, title, and interest of the County in and to the land shall revert,
at
the option of the Secretary, to the United States.
(c)
Description of
land
The land referred to in subsection (b) consists of the
approximately 2,320 acres of land managed by the Bureau of Land Management
and
described on the map as the Conveyance Area.
(d)
Map and legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare an official legal description and
map of
the parcel to be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the map;
or
(B) the legal
description.
(3)
Availability
The
map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
11.
Sunrise
Mountain Instant Study Area release
(a)
Finding
Congress
finds that for the purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), the public land in Clark County,
Nevada, administered by the Bureau of Land Management in the Sunrise
Mountain
Instant Study Area has been adequately studied for wilderness
designation.
(b)
Release
Any
public land described in subsection (a) that is not designated as
wilderness—
(1) is no longer
subject to section 603(c) of the Federal Land Policy and Management Act of
1976
(43 U.S.C. 1782(c)); and
(2) shall be managed
in accordance with land management plans adopted under section 202 of that
Act
(43 U.S.C. 1712).
(c)
Post release
land use approvals
Recognizing that the area released under
subsection (b) presents unique opportunities for the granting of
additional
rights-of-way, including for high voltage transmission facilities, the
Secretary of the Interior may accommodate multiple applicants within a
particular right-of-way.
12.
Nellis Dunes
Off-Highway Vehicle Recreation Area
(a)
Definitions
In this section:
(1)
City
The
term City means the city of North Las Vegas, Nevada.
(2)
County
The
term County means Clark County, Nevada.
(3)
Economic
support area
The term Economic Support Area means
the land identified on the map as the Economic Support
Area.
(4)
Federal
land
The term Federal land means the approximately
1,211 acres of Federal land in the County, as depicted on the map.
(5)
Map
The
term map means the map entitled Nellis Dunes Off-Highway
Vehicle Recreation Area and dated April 30, 2013.
(6)
Nellis dunes
recreation area
The term Nellis Dunes Recreation
Area means the Nellis Dunes Off-Highway Vehicle Recreation Area
identified on the map as Nellis Dunes OHV Recreation
Area.
(7)
Net
proceeds
The term net proceeds means the amount that
is equal to the difference between—
(A) the amount of
gross revenues received by the County from any activities at the Economic
Support Area; and
(B) the total amount
expended by the County (or a designee of the County) for capital
improvements
to each of the Economic Support Area and the Nellis Dunes Recreation Area,
provided that the capital improvements shall not exceed 80 percent of the
total
gross proceeds.
(8)
Secretary
The
term Secretary means the Secretary of the Interior.
(9)
State
The
term State means the State of Nevada.
(b)
Conveyance of
Federal Land to Clark County, Nevada
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall convey to the County, subject to valid
existing
rights and paragraph (2), without consideration, all right, title, and
interest
of the United States in and to the parcels of Federal land.
(2)
Reservation of
mineral estate
In conveying the parcels of Federal land under
paragraph (1), the Secretary shall reserve the mineral estate, except for
purposes related to flood mitigation (including removal from aggregate
flood
events).
(3)
Use of federal
land
(A)
In
general
The parcels of Federal land conveyed under paragraph
(1)—
(i) shall be used by
the County—
(I) to provide a
suitable location for the establishment of a centralized off-road vehicle
recreation park in the County;
(II) to provide the
public with opportunities for off-road vehicle recreation, including a
location
for races, competitive events, training and other commercial services that
directly support a centralized off-road vehicle recreation area and County
park; and
(III) to provide a
designated area and facilities that would discourage unauthorized use of
off-highway vehicles in areas that have been identified by the Federal
Government, State government, or County government as containing
environmentally sensitive land; and
(ii) shall not be
disposed of by the County.
(B)
Reversion
If
the County ceases to use any parcel of the Federal land for the purposes
described in subparagraph (A)(i) or subparagraph (D)—
(i) title to the
parcel shall revert to the United States, at the option of the United
States;
and
(ii) the County shall
be responsible for any reclamation necessary to revert the parcel to the
United
States.
(C)
Renewable and
solar energy
(i)
In
general
Subject to clauses (ii) and (iii), the parcels of Federal
land conveyed to the County under paragraph (1) and the land conveyed to
the
County under section 1(c) of Public Law 107–350 (116 Stat. 2975), may be
used
for the incidental purpose of generating renewable energy and solar energy
for
use by the Clark County Off Highway Vehicle Recreation Park, the shooting
park
authorized under that Act, and the County.
(ii)
Limitation
Any
project authorized under clause (i) shall not interfere with the national
security mission of Nellis Air Force Base or any other military
operation.
(iii)
Required
consultation
Before the construction of any proposed project
under clause (i), the project proponent shall consult with the Secretary
of
Defense or a designee of the Secretary of Defense.
(D)
Future
conveyances
Any future conveyance of Federal land for addition to
the Clark County Off Highway Vehicle Park or the Nellis Dunes Recreation
Area
shall be subject to—
(i) the binding
interlocal agreement under paragraph (4)(B); and
(ii) the aviation
easement requirements under paragraph (7).
(E)
Management
plan
The Secretary of the Air Force and the County, may develop a
special management plan for the Federal land—
(i) to enhance public
safety and safe off-highway vehicle recreation use in the Nellis Dunes
Recreation Area;
(ii) to ensure
compatible development with the mission requirements of the Nellis Air
Force
Base; and
(iii) to avoid and
mitigate known public health risks associated with off-highway vehicle use
in
the Nellis Dunes Recreation Area.
(4)
Economic
support area
(A)
Designation
There
is designated the Economic Support Area.
(B)
Interlocal
agreement
(i)
In
general
Before the Economic Support Area may be developed, the
City and County shall enter into an interlocal agreement regarding the
development of the Economic Support Area.
(ii)
Limitation of
agreement
In no case shall the interlocal agreement under this
subparagraph compromise or interfere with the aviation rights provided
under
paragraph (7) and subsection (c)(3).
(C)
Use of
proceeds
Of the net proceeds from the development of the Economic
Support Area, the County shall—
(i) annually deposit
50 percent in a special account in the Treasury, to be used by the
Secretary
for the development, maintenance, operations, and environmental
restoration and
mitigation of the Nellis Dunes Recreation Area; and
(ii) retain 50
percent, to be used by the County—
(I) to pay for
capital improvements that are not covered by subsection (a)(7)(B); and
(II) to maintain and
operate the park established under paragraph (3)(A)(i)(I).
(5)
Agreement with
nellis air force base
(A)
In
general
Before the Federal land may be conveyed to the County
under paragraph (1), the Clark County Board of Commissioners and Nellis
Air
Force Base shall enter into an interlocal agreement for the Federal land
and
the Nellis Dunes Recreation Area—
(i) to enhance safe
off-highway recreation use; and
(ii) to ensure that
development of the Federal land is consistent with the long-term mission
requirements of Nellis Air Force Base.
(B)
Limitation
The
use of the Federal land conveyed under paragraph (1) shall not compromise
the
national security mission or aviation rights of Nellis Air Force Base.
(6)
Additional
terms and conditions
With respect to the conveyance of Federal
land under paragraph (1), the Secretary may require such additional terms
and
conditions as the Secretary considers to be appropriate to protect the
interests of the United States.
(7)
Aviation
easement
(A)
In
general
Each deed entered into for the conveyance of the Federal
land shall contain a perpetual aviation easement reserving to the United
States
all rights necessary to preserve free and unobstructed overflight in and
through the airspace above, over, and across the surface of the Federal
land
conveyed under subsection (b)(1) for the passage of aircraft owned or
operated
by any Federal agency or other Federal entity.
(B)
Requirements
Each
easement described in subparagraph (A) shall include such terms and
conditions
as the Secretary of the Air Force determines to be necessary to comply
with
subparagraph (A).
(c)
Designation of
the Nellis Dunes National Off-Highway Vehicle Recreation Area
(1)
In
general
The approximately 10,000 acres of land identified as
Nellis Dunes in the Bureau of Land Management Resource
Management Plan shall be known and designated as the Nellis Dunes
Off-Highway Vehicle Recreation Area.
(2)
Management
plan
The Director of the Bureau of Land Management may develop a
special management plan for the Nellis Dunes Recreation Area to enhance
the
safe use of off-highway vehicles for recreational purposes.
(3)
Aviation
rights
The aviation rights described in subsection (b)(7) shall
apply to the Nellis Dunes Recreation Area.
(d)
Withdrawal and
Reservation of land for Nellis Air Force Base
(1)
Withdrawal
Subject
to valid existing rights and except as otherwise provided in this
subsection—
(A) the Federal land
and interests in the Federal land identified on the map as Land to be
withdrawn for Nellis Air Force Base are withdrawn from all forms of
appropriation under the general land laws, including the mining, mineral
leasing, and geothermal leasing laws; and
(B) jurisdiction over
the land and interest in land withdrawn and reserved by this subsection is
transferred to the Secretary of the Air Force.
(2)
Reservation
The
land withdrawn under paragraph (1) is reserved for use by the Secretary of
the
Air Force for—
(A) the enlargement
and protection of Nellis Air Force Base; or
(B) other
defense-related purposes consistent with the purposes of this
subsection.
(3)
Changes in
use
The Secretary of the Air Force shall consult with the
Secretary before using the land withdrawn and reserved by this subsection
for
any purpose other than the purposes described in subsection
(b)(3)(A)(i).
(4)
Easement
The
United States reserves—
(A) a right of flight
for the passage of aircraft in the airspace above the surface of the
Federal
land conveyed to the County; and
(B) the right to
cause in the airspace any noise, vibration, smoke, or other effects that
may be
inherent in the operation of aircraft landing at, or taking off from,
Nellis
Air Force Base.
13.
Conveyance of
land for nellis air force base
(a)
In
general
Administrative jurisdiction over the parcel of Federal
land described in subsection (b) is transferred from the Bureau of Land
Management to the Air Force for inclusion in Nellis Air Force Base.
(b)
Description of
land
The parcel of Federal land referred to in subsection (a) is
the approximately 410 acres of land administered by the Bureau of Land
Management and identified as Addition to Nellis Air Force Base
on the map entitled North Las Vegas Valley Overview and dated
April 30, 2013.
14.
Military
overflights
(a)
Findings
Congress
finds that—
(1) military aircraft
testing and training activities in the State of Nevada—
(A) are an important
part of the national defense system of the United States; and
(B) are essential in
order to secure an enduring and viable national defense system for the
current
and future generations of people of the United States;
(2) the units of the
National Park System and the additions to the Conservation Area
established
under this Act are located within a region critical to providing training,
research, and development for the Armed Forces of the United States and
allies
of the Armed Forces;
(3) there is a lack
of alternative sites available for the military training, testing, and
research
activities being conducted in the State of Nevada;
(4) continued use of
the airspace in the State of Nevada is essential for military purposes;
and
(5) continuation of
the military activities in the State of Nevada, under appropriate terms
and
conditions, is not incompatible with the protection and proper management
of
the natural, environmental, cultural, and other resources and values of
Federal
land in the State of Nevada.
(b)
Overflights
Nothing
in this Act or any other land management law applicable to a new unit of
the
National Park System or an addition to the Conservation Area designated by
this
Act shall restrict or preclude overflights, including—
(1) low-level
overflights of military aircraft over the Federal land; and
(2) military
overflights that can be seen or heard within the unit or Conservation
Area.
(c)
Special
airspace
Nothing in this Act or any other land management law
applicable to a new unit of the National Park or an addition to the
Conservation Area designated by this Act shall restrict or preclude the
designation of new units of special airspace or the use or establishment
of
military flight training routes over the unit or Conservation Area.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Las Vegas Valley Public Land
and Tule Springs Fossil Beds National Monument Act of
2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.Sec. 2. Tule Springs Fossil Beds National Monument.Sec. 3. Addition of land to Red Rock Canyon National Conservation Area.Sec. 4. Conveyance of Bureau of Land Management land to North Las Vegas.Sec. 5. Conveyance of Bureau of Land Management land to Las Vegas.Sec. 6. Expansion of conveyance to Las Vegas Metropolitan Police Department.Sec. 7. Spring Mountains National Recreation Area withdrawal.Sec. 8. Southern Nevada Public Land Management Act of 1998 amendments.Sec. 9. Conveyance of land to the Nevada System of Higher Education.Sec. 10. Land Conveyance for Southern Nevada Supplemental Airport.Sec. 11. Sunrise Mountain Instant Study Area release.Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation Area.Sec. 13. Withdrawal and reservation of land for Nellis Air Force Base expansion.Sec. 14. Military overflights.Sec. 15. Authorization of appropriations.
2.
Tule Springs
Fossil Beds National Monument
(a)
Findings
Congress
finds that—
(1) since 1933, the
Upper Las Vegas Wash has been valued by scientists because of the
significant
paleontological resources demonstrative of the Pleistocene Epoch that are
located in the area;
(2) in 2004, during
the preparation of the Las Vegas Valley Disposal Boundary Final
Environmental
Impact Statement, the Bureau of Land Management identified sensitive
biological, cultural, and paleontological resources determined to be
worthy of
more evaluation with respect to the protective status of the resources;
(3) the Upper Las
Vegas Wash contains thousands of paleontological resources from the
Pleistocene
Epoch that are preserved in a unique geological context that are of
national
importance, including Columbian mammoth, ground sloth, American lion,
camels,
and horse fossils;
(4) in addition to
Joshua trees and several species of cacti, the Las Vegas buckwheat,
Merriam’s
bearpoppy, and the Las Vegas bearpoppy are 3 unique and imperiled plants
that
are supported in the harsh desert environment of Tule Springs;
(5) the area provides
important habitat for threatened desert tortoise, endemic poppy bees, kit
foxes, burrowing owls, LeConte's thrasher, phainopepla, and a variety of
reptiles;
(6) in studies of the
area conducted during the last decade, the Bureau of Land Management and
National Park Service determined that the area likely contains the longest
continuous section of Pleistocene strata in the desert southwest, which
span
multiple important global climate cooling and warming episodes;
(7) the Upper Las
Vegas Wash is significant to the culture and history of the native and
indigenous people of the area, including the Southern Paiute Tribe;
(8) despite the
findings of the studies and recommendations for further assessment of the
resources for appropriate methods of protection—
(A) the area remains
inadequately protected; and
(B) many
irreplaceable fossil specimens in the area have been lost to vandalism or
theft; and
(9) designation of
the Upper Las Vegas Wash site as a National Monument would protect the
unique
fossil resources of the area and the geological context of those resources
for
present and future generations while allowing for public education and
continued scientific research opportunities.
(b)
Definitions
In this section:
(1)
Council
The
term Council means the Tule Springs Fossil Beds National Monument
Advisory Council established by subsection (g)(1).
(2)
County
The
term County means Clark County, Nevada.
(3)
Local
government
The term local government means the City
of Las Vegas, City of North Las Vegas, or the County.
(4)
Management
plan
The term management plan means the management
plan for the Monument developed under subsection (d)(5).
(5)
Map
The
term Map means the map entitled “Tule Springs Fossil Beds National Monument Proposed Boundary”, numbered
963/123, 142, and dated December 2013.
(6)
Monument
The
term Monument means the Tule Springs Fossil Beds National Monument
established by subsection (c)(1).
(7)
Public
land
The term public land has the meaning given the
term public lands in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(8)
Public water
agency
The term public water agency means a regional
wholesale water provider that is engaged in the acquisition of water on
behalf
of, or the delivery of water to, water purveyors who are member agencies
of the
public water agency.
(9)
Qualified
electric utility
The term qualified electric utility
means any public or private utility determined by the Secretary to be
technically and financially capable of developing the high-voltage
transmission facilities described in subsection (e).
(10)
Secretary
The
term Secretary means the Secretary of the Interior.
(11)
State
The
term State means the State of Nevada.
(c)
Establishment
(1)
In
general
In order to conserve, protect, interpret, and enhance for
the benefit of present and future generations the unique and nationally
important paleontological, scientific, educational, and recreational
resources
and values of the land described in this subsection, there is established
in
the State, subject to valid existing rights, the Tule Springs Fossil Beds
National Monument.
(2)
Boundaries
The
Monument shall consist of approximately 22,650 acres of public land in the
County identified as Tule Springs Fossil Beds National Monument, as generally depicted on the Map.
(3)
Map; legal
description
(A)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare an official map and legal
description of
the boundaries of the Monument.
(B)
Legal
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 any clerical or typographical errors in the
legal description or the map.
(C)
Availability of
map and legal description
The map and legal description prepared
under subparagraph (A) shall be on file and available for public
inspection in
the appropriate offices of the Bureau of Land Management and the National
Park
Service.
(4)
Acquisition of
land
(A)
In
general
Subject to subparagraph (B), the Secretary may acquire
land or interests in land within or adjacent to the boundaries of the
Monument
by donation, purchase with donated or appropriated funds, exchange, or
transfer
from another Federal agency.
(B)
Limitation
Land
or interests in land that are owned by the State or a political
subdivision of
the State may be acquired under subparagraph (A) only by donation or
exchange.
(5)
Withdrawals
Subject
to valid existing rights and subsections (e) and (f), any land within the
Monument or any land or interest in land that is acquired by the United
States
for inclusion in the Monument after the date of enactment of this Act is
withdrawn from—
(A) entry,
appropriation, or disposal under the public land laws;
(B) location, entry,
and patent under the mining laws; and
(C) operation of the
mineral leasing laws, geothermal leasing laws, and minerals materials
laws.
(6)
Relationship to
Clark County Multi-Species Habitat Conservation Plan
(A)
Amendment to
plan
The Secretary shall credit, on an acre-for-acre basis,
approximately 22,650 acres of the land conserved for the Monument under
this
Act toward the development of additional non-Federal land within the
County
through an amendment to the Clark County Multi-Species Habitat
Conservation
Plan.
(B)
Effect on
Plan
Nothing in this Act otherwise limits, alters, modifies, or
amends the Clark County Multi-Species Habitat Conservation Plan.
(7)
Termination of upper las vegas wash conservation transfer area
The Upper Las Vegas Wash Conservation Transfer Area established by the Record of Decision dated
October 21, 2011, for the Upper Las Vegas Wash Conservation Transfer Area
Final Supplemental Environmental Impact Statement, is terminated.
(d)
Administration of Monument
(1)
Transfer of
administrative jurisdiction
Administrative jurisdiction over the
approximately 22,650 acres of public land depicted on the Map as Tule
Springs Fossil Bed National Monument is transferred from the Bureau of
Land Management to the National Park Service.
(2)
Administration
The
Secretary shall administer the Monument—
(A) in
a manner that conserves, protects, interprets, and enhances the resources
and
values of the Monument; and
(B) in
accordance with—
(i) this
section;
(ii) the provisions
of laws generally applicable to units of the National Park System
(including
the National Park Service Organic Act (16 U.S.C. 1 et seq.)); and
(iii) any other
applicable laws.
(3)
Buffer
zones
The establishment of the Monument shall not—
(A) lead to the
creation of express or implied protective perimeters or buffer zones
around or
over the Monument;
(B) preclude disposal
or development of public land adjacent to the boundaries of the Monument,
if
the disposal or development is consistent with other applicable law; or
(C) preclude an
activity on, or use of, private land adjacent to the boundaries of the
Monument, if the activity or use is consistent with other applicable law.
(4)
Air and water
quality
Nothing in this Act alters the standards governing air or
water quality outside the boundary of the Monument.
(5)
Management
plan
(A)
In
general
Not later than 3 years after the date on which funds are made available to carry out this
paragraph, the Secretary shall develop a management plan that provides for
the
long-term protection and management of the Monument.
(B)
Components
The
management plan—
(i) shall—
(I) be prepared in accordance with section 12(b) of the National Park System General Authorities Act
(16 U.S.C. 1a–7(b)); and
(II) consistent
with this section and the purposes of the Monument, allow for
continued scientific research at the Monument; and
(ii) may—
(I) incorporate any
appropriate decisions contained in an existing management or activity plan
for
the land designated as the Monument under subsection (c)(1); and
(II) use information
developed in any study of land within, or adjacent to, the boundary of the
Monument that was conducted before the date of enactment of this Act.
(C)
Public
process
In preparing the management plan, the Secretary
shall—
(i) consult with, and
take into account the comments and recommendations of, the Council;
(ii) provide an
opportunity for public involvement in the preparation and review of the
management plan, including holding public meetings;
(iii) consider public
comments received as part of the public review and comment process of the
management plan; and
(iv) consult with
governmental and nongovernmental stakeholders involved in establishing and
improving the regional trail system to incorporate, where appropriate,
trails
in the Monument that link to the regional trail system.
(6)
Interpretation,
education, and scientific research
(A)
In
general
The Secretary shall provide for public interpretation of,
and education and scientific research on, the paleontological resources of
the
Monument, with priority given to the onsite exhibition and curation of the
resources, to the extent practicable.
(B)
Cooperative
agreements
The Secretary may enter into cooperative agreements
with the State, political subdivisions of the State, nonprofit
organizations,
and appropriate public and private entities to carry out subparagraph
(A).
(e)
Renewable
energy transmission facilities
(1)
In
general
On receipt of a complete application from a qualified electric utility, the Secretary, in
accordance with applicable laws (including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)), shall
issue to the qualified
electric utility a 400-foot-wide right-of-way for the construction and
maintenance
of high-voltage transmission facilities depicted on the Map as Renewable
Energy Transmission Corridor if the high-voltage transmission
facilities do not conflict with other previously authorized rights-of-way
within the corridor.
(2)
Requirements
(A)
In
general
The high-voltage transmission facilities shall—
(i) be
used—
(I) primarily, to the
maximum extent practicable, for renewable energy resources; and
(II) to meet
reliability standards set by the North American Electric Reliability
Corporation, the Western Electricity Coordinating Council, or the public
utilities regulator of the State; and
(ii) employ best
management practices identified as part of the compliance of the Secretary
with
the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to limit impacts on the Monument,
including impacts to the viewshed.
(B)
Capacity
The
Secretary shall consult with the qualified electric utility that is issued
the
right-of-way under paragraph (1) and the public utilities regulator of the
State to seek to maximize the capacity of the high-voltage transmission
facilities.
(3)
Terms and
conditions
The issuance of a notice to proceed on the
construction of the high-voltage transmission facilities within the
right-of-way under paragraph (1) shall be subject to terms and conditions
that
the Secretary (in consultation with the qualified electric utility), as
part of
the compliance of the Secretary with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), determines appropriate to protect and conserve the
resources for which the Monument is managed.
(4)
Expiration of
right-of-way
The right-of-way issued under paragraph (1) shall
expire on the date that is 15 years after the date of enactment of this
Act if
construction of the high-voltage transmission facilities described in
paragraph
(1) has not been initiated by that date, unless the Secretary determines
that
it is in the public interest to continue the right-of-way.
(f)
Water
conveyance facilities
(1)
Water
conveyance facilities corridor
(A)
In
general
On receipt of 1 or more complete applications from a
public water agency and except as provided in subparagraph (B), the
Secretary,
in accordance with applicable laws (including the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.) and title V of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761 et seq.)) , shall issue to the public water agency a
100-foot-wide right-of-way
for the construction, maintenance, repair, and replacement of a buried
water
conveyance pipeline and associated facilities within the Water
Conveyance Facilities Corridor and the Renewable Energy
Transmission Corridor depicted on the Map.
(B)
Limitation
A
public water agency right-of-way shall not be granted under subparagraph
(A)
within the portion of the Renewable Energy Transmission Corridor that is
located along the Moccasin Drive alignment, which is generally between T.
18 S.
and T. 19 S., Mount Diablo Baseline and Meridian.
(2)
Buried water
conveyance pipeline
On receipt of 1 or more complete applications
from a unit of local government or public water agency, the Secretary, in
accordance with applicable laws (including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321
et seq.) and title V of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761 et seq.)), shall issue to the unit of local government or
public water agency a
100-foot-wide right-of-way for the construction, operation, maintenance,
repair, and
replacement of a buried water conveyance pipeline to access the existing
buried
water pipeline turnout facility and surge tank located in the
NE1/4 sec. 16 of T. 19 S. and R. 61 E.
(3)
Requirements
(A)
Best management
practices
The water conveyance facilities shall employ best
management practices identified as part of the compliance of the Secretary
with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
limit
the impacts of the water conveyance facilities on the Monument.
(B)
Consultations
The
water conveyance facilities within the Renewable Energy Transmission
Corridor shall be sited in consultation with the qualified electric
utility to limit the impacts of the water conveyance facilities on the
high-voltage transmission facilities.
(4)
Terms and
conditions
The issuance of a notice to proceed on the
construction of the water conveyance facilities within the right-of-way
under
paragraph (1) shall be subject to any terms and conditions that the
Secretary,
in consultation with the public water agency, as part of the compliance of
the
Secretary with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et
seq.), determines appropriate to protect and conserve the resources for
which
the Monument is managed.
(g)
Tule Springs
Fossil Beds National Monument Advisory Council
(1)
Establishment
To
provide guidance for the management of the Monument, there is established
the
Tule Springs Fossil Beds National Monument Advisory Council.
(2)
Membership
(A)
Composition
The
Council shall consist of 10 members, to be appointed by the Secretary, of
whom—
(i) 1
member shall be a member of, or be nominated by, the County Commission;
(ii) 1
member shall be a member of, or be nominated by, the city council of Las
Vegas,
Nevada;
(iii) 1
member shall be a member of, or be nominated by, the city council of North
Las
Vegas, Nevada;
(iv) 1
member shall be a member of, or be nominated by, the tribal council of the
Las
Vegas Paiute Tribe;
(v) 1
member shall be a representative of the conservation community in southern
Nevada;
(vi) 1
member shall be a representative of Nellis Air Force Base;
(vii) 1
member shall be nominated by the State;
(viii) 1
member shall reside in the County and have a background that reflects the
purposes for which the Monument was established; and
(ix) 2
members shall reside in the County or adjacent counties, both of whom
shall
have experience in the field of paleontology, obtained through higher
education, experience, or both.
(B)
Initial
appointment
Not later than 180 days after the date of enactment
of this Act, the Secretary shall appoint the initial members of the
Council in
accordance with subparagraph (A).
(3)
Duties of Council
The Council shall advise the Secretary with respect
to the preparation
and implementation of the management plan.
(4)
Compensation
Members
of the Council shall receive no compensation for serving on the Council.
(5)
Chairperson
(A)
In
general
Subject to subparagraph (B), the Council shall elect a
Chairperson from among the members of the Council.
(B)
Limitation
The
Chairperson shall not be a member of a Federal or State agency.
(C)
Term
The
term of the Chairperson shall be 3 years.
(6)
Term of
members
(A)
In
general
The term of a member of the Council shall be 3
years.
(B)
Successors
Notwithstanding
the expiration of a 3-year term of a member of the Council, a member may
continue to serve on the Council until—
(i) the
member is reappointed by the Secretary; or
(ii) a
successor is appointed.
(7)
Vacancies
(A)
In
general
A vacancy on the Council shall be filled in the same
manner in which the original appointment was made.
(B)
Appointment for
remainder of term
A member appointed to fill a vacancy on the
Council—
(i) shall serve for
the remainder of the term for which the predecessor was appointed; and
(ii) may be nominated
for a subsequent term.
(8)
Termination
Unless
an extension is jointly recommended by the Director of the National Park
Service and the Director of the Bureau of Land Management, the Council
shall
terminate on the date that is 6 years after the date of enactment of this
Act.
(h)
Withdrawal
Subject to valid existing rights, the land identified on the Map as BLM Withdrawn Lands is withdrawn from—
(1) entry under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, geothermal leasing, and mineral materials laws.
3.
Addition of land
to Red Rock Canyon National Conservation Area
(a)
Definitions
In
this section:
(1)
Conservation
Area
The term Conservation Area means the Red Rock
Canyon National Conservation Area established by the Red Rock Canyon
National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.).
(2)
Map
The
term Map means the map entitled North Las Vegas Valley
Overview and dated November 5, 2013.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
Addition of
land to conservation area
(1)
In
general
The Conservation Area is expanded to include the land
depicted on the Map as Additions to Red Rock NCA.
(2)
Management
plan
Not later than 2 years after the date on which the land is
acquired, the Secretary shall update the management plan for the
Conservation
Area to reflect the management requirements of the acquired land.
(3)
Map and legal
description
(A)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(B)
Minor
errors
The Secretary may correct any minor error in—
(i) the
Map; or
(ii) the legal
description.
(C)
Availability
The
Map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
4.
Conveyance of
Bureau of Land Management land to North Las Vegas
(a)
Definitions
In
this section:
(1)
Map
The
term Map means the map entitled North Las Vegas Valley
Overview and dated November 5, 2013.
(2)
North Las
Vegas
The term North Las Vegas means the city of
North Las Vegas, Nevada.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
Conveyance
As
soon as practicable after the date of enactment of this Act and subject to
valid existing rights, the Secretary shall convey to North Las Vegas,
without
consideration, all right, title, and interest of the United States in and
to
the land described in subsection (c).
(c)
Description of
land
The land referred to in subsection (b) consists of the land
managed by the Bureau of Land Management described on the Map as the
North Las Vegas Job Creation Zone (including the interests in
the land).
(d)
Map and legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the Map;
or
(B) the legal
description.
(3)
Availability
The
Map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
(e)
Use of land for
nonresidential development
(1)
In
general
North Las Vegas may sell any
portion of the land described in subsection (c) for nonresidential
development.
(2)
Method of
sale
The sale of land under paragraph (1)
shall be carried out—
(A) through a
competitive bidding process; and
(B) for not less than
fair market value.
(3)
Fair market
value
The Secretary shall determine the fair market value of the
land under paragraph (2)(B) based on an appraisal that is performed in
accordance with—
(A) the Uniform
Appraisal Standards for Federal Land Acquisitions;
(B) the Uniform
Standards of Professional Appraisal Practices; and
(C) any other
applicable law (including regulations).
(4)
Disposition of
proceeds
The gross proceeds from the sale
of land under paragraph (1) shall be distributed in accordance with
section
4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law
105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414;
120
Stat. 3045).
(f)
Use of land for
recreation or other public purposes
(1)
In
general
North Las Vegas may retain a portion of the land
described in subsection (c) for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.) by
providing written notice of the election to the Secretary.
(2)
Revocation
If
North Las Vegas retains land for public recreation or other public
purposes
under paragraph (1), North Las Vegas may—
(A) revoke that
election; and
(B) sell the land in accordance with subsection (e).
(g)
Administrative
costs
North Las Vegas shall pay all appraisal costs, survey
costs, and other administrative costs necessary for the preparation and
completion of any patents for, and transfers of title to, the land
described in
subsection (c).
(h)
Reversion
(1)
In
general
If any parcel of land described in subsection (c) is not
conveyed for nonresidential development under this section or reserved for
recreation or other public purposes under subparagraph (f) by the date
that is
30 years after the date of enactment of this Act, the parcel of land
shall, at
the discretion of the Secretary, revert to the United States.
(2)
Inconsistent
use
If North Las Vegas uses any parcel of land described in
subsection (c) in a manner that is inconsistent with this section—
(A) at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B) if the Secretary
does not make an election under subparagraph (A), North Las Vegas shall
sell
the parcel of land in accordance with this section.
5.
Conveyance of
Bureau of Land Management land to Las Vegas
(a)
Definitions
In
this section:
(1)
Las
Vegas
The term Las Vegas means the city of Las
Vegas, Nevada.
(2)
Map
The
term Map means the map entitled North Las Vegas Valley
Overview and dated November 5, 2013.
(3)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)
Conveyance
As soon as practicable after the date of enactment of
this Act, subject to valid existing rights, and notwithstanding the land
use
planning requirements of sections 202 and 203 of the Federal Land Policy
and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey
to
Las Vegas, without consideration, all right, title, and interest of the
United
States in and to the land described in subsection (c).
(c)
Description of
land
The land referred to in subsection (b) consists of land
managed by the Bureau of Land Management described on the Map as Las
Vegas Job Creation Zone (including interests in the land).
(d)
Map and legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall finalize the legal description of the parcel
to
be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the Map;
or
(B) the legal
description.
(3)
Availability
The
Map and legal description shall be on file and available for public
inspection
in the appropriate offices of the Bureau of Land Management.
(e)
Use of
land
(1)
In
general
Las Vegas may sell any
portion of the land described in subsection (c) for nonresidential
development.
(2)
Method of
sale
The sale of land under paragraph (1)
shall be carried out, after consultation with the Las Vegas Paiute
Tribe—
(A) through a
competitive bidding process; and
(B) for not less than
fair market value.
(3)
Fair market
value
The Secretary shall determine the fair market value of the
land under paragraph (2)(B) based on an appraisal that is performed in
accordance with—
(A) the Uniform
Appraisal Standards for Federal Land Acquisitions;
(B) the Uniform
Standards of Professional Appraisal Practices; and
(C) any other
applicable law (including regulations).
(4)
Disposition of
proceeds
The gross proceeds from the sale
of land under paragraph (1) shall be distributed in accordance with
section
4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law
105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414;
120
Stat. 3045).
(f)
Use of land for
recreation or other public purposes
(1)
In
general
Las Vegas may retain a portion of the land described in
subsection (c) for public recreation or other public purposes consistent
with
the Act of June 14, 1926 (commonly known as the Recreation and Public
Purposes Act) (43 U.S.C. 869 et seq.) by providing written notice of
the election to the Secretary.
(2)
Revocation
If
Las Vegas retains land for public recreation or other public purposes
under
paragraph (1), Las Vegas may—
(A) revoke that
election; and
(B) sell the land in accordance with subsection (e).
(g)
Administrative
costs
Las Vegas shall pay all appraisal costs, survey costs, and
other administrative costs necessary for the preparation and completion of
any
patents for, and transfers of title to, the land described in subsection
(c).
(h)
Reversion
(1)
In
general
If any parcel of land described in subsection (c) is not
conveyed for nonresidential development under this section or reserved for
recreation or other public purposes under subsection (f) by the date that
is 30
years after the date of enactment of this Act, the parcel of land shall,
at the
discretion of the Secretary, revert to the United States.
(2)
Inconsistent
use
If Las Vegas uses any parcel of land described in subsection
(c) in a manner that is inconsistent with this section—
(A) at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B) if the Secretary
does not make an election under subparagraph (A), Las Vegas shall sell the
parcel of land in accordance with this section.
6.
Expansion of
conveyance to Las Vegas Metropolitan Police Department
Section 703 of the Clark County Conservation
of Public Land and Natural Resources Act of 2002 (Public Law 107–282; 116
Stat.
2013) is amended by inserting before the period at the end the following:
and, subject to valid existing rights, the parcel of land identified as Las Vegas Police Shooting Range on the map entitled North Las Vegas
Valley Overview and dated November 5, 2013.
7.
Spring Mountains
National Recreation Area withdrawal
Section 8 of the Spring Mountains National
Recreation Area Act (16 U.S.C. 460hhh–6) is amended—
(1) in subsection (a), by striking for
lands described and inserting as provided; and
(2) by striking subsection (b) and inserting
the following:
(b)
Exceptions
(1)
In
general
Notwithstanding subsection (a),
W1/2E1/2 and
W1/2 sec. 27, T. 23 S., R. 58 E., Mt. Diablo Meridian is
not subject to withdrawal under that subsection.
(2)
Effect of entry
under public land laws
Notwithstanding paragraph (1) of
subsection (a), the following are not subject to withdrawal under
that
paragraph:
(A) Any Federal land
in the Recreation Area that qualifies for conveyance under Public
Law 97–465
(commonly known as the Small Tracts Act) (16 U.S.C. 521c et
seq.), which, notwithstanding section 7 of that Act (16 U.S.C.
521i), may be
conveyed under that Act.
(B) Any Federal land
in the Recreation Area that the Secretary determines to be
appropriate for
conveyance by exchange for non-Federal land within the Recreation
Area under
authorities generally providing for the exchange of National Forest
System
land.
.
8.
Southern Nevada
Public Land Management Act of 1998 amendments
Section 4 of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105–263; 112 Stat. 2344; 116 Stat.
2007) is
amended—
(1) in the first sentence of subsection (a), by
striking dated October 1, 2002 and inserting dated September 17, 2012; and
(2) in subsection
(g), by adding at the end the following:
(5) Notwithstanding
paragraph (4), subject to paragraphs (1) through (3), Clark County
may convey
to a unit of local government or regional governmental entity,
without
consideration, land located within the Airport Environs Overlay
District, as identified in the Cooperative Management Agreement described
in section 3(3) of the Southern Nevada Public Land Management Act of 1998
(Public Law 105–263; 112 Stat. 2343), if the land is used for a water or
wastewater treatment facility or any other public purpose
consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the Recreation
and Public Purposes Act) (43 U.S.C. 869 et seq.).
.
9.
Conveyance of
land to the Nevada System of Higher Education
(a)
Definitions
In this section:
(1)
Board of
regents
The term Board of Regents means the Board of
Regents of the Nevada System of Higher Education.
(2)
Campuses
The
term Campuses means the Great Basin College, College of Southern
Nevada, and University of Las Vegas, Nevada, campuses.
(3)
Federal
land
The term Federal land means—
(A) the approximately 40
acres to be conveyed for the College of Southern Nevada, identified as Parcel to be Conveyed, as generally depicted on the map entitled College of Southern Nevada Land Conveyance and dated June 26, 2012;
(B) the approximately
2,085 acres to be conveyed for the University of Nevada, Las Vegas,
identified as UNLV North Campus, as generally depicted on the map entitled North Las Vegas Valley Overview and dated November 5, 2013;
and
(C) the approximately 285
acres to be conveyed for the Great Basin College, identified as Parcel to be Conveyed, as generally depicted on the map entitled College of Southern Nevada Land Conveyance and dated June 26, 2012.
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
State
The
term State means the State of Nevada.
(6)
System
The
term System means the Nevada System of Higher Education.
(b)
Conveyances of
Federal land to System
(1)
Conveyances
Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c)
of the
Act of June 14, 1926 (commonly known as the Recreation and Public
Purposes Act) (43 U.S.C. 869(c)), and subject to all valid existing
rights and such terms and conditions as the Secretary determines to be
necessary, the Secretary shall—
(A) not later than
180 days after the date of enactment of this Act, convey to the System,
without
consideration, all right, title, and interest of the United States in and
to—
(i) the
Federal land identified on the map entitled Great Basin College Land
Conveyance and dated June 26, 2012, for the Great Basin College;
and
(ii) the Federal land
identified on the map entitled College of Southern Nevada Land
Conveyance and dated June 26, 2012, for the College of Southern Nevada,
subject to the requirement that, as a precondition of the conveyance, the
Board
of Regents shall, by mutual assent, enter into a binding development
agreement
with the City of Las Vegas that—
(I) provides for the
orderly development of the Federal land to be conveyed under this
subclause;
and
(II) complies with
State law; and
(B) convey to the
System, without consideration, all right, title, and interest of the
United
States in and to the Federal land identified on the map entitled North
Las Vegas Valley Overview and dated November 5, 2013, for the University
of Nevada, Las Vegas, if the area identified as Potential Utility
Schedule on the map is reserved for use for a potential 400-foot-wide
utility corridor of certain rights-of-way for transportation and public
utilities.
(2)
Conditions
(A)
In
general
As a condition of the conveyance under paragraph (1), the
Board of Regents shall agree in writing—
(i) to
pay any administrative costs associated with the conveyance, including the
costs of any environmental, wildlife, cultural, or historical resources
studies;
(ii) to
use the Federal land conveyed for educational and recreational purposes;
(iii) to release and
indemnify the United States from any claims or liabilities that may arise
from
uses carried out on the Federal land on or before the date of enactment of
this
Act by the United States or any person; and
(iv) to
assist the Bureau of Land Management in providing information to the
students
of the System and the citizens of the State on—
(I) public land
(including the management of public land) in the Nation; and
(II) the role of the
Bureau of Land Management in managing, preserving, and protecting the
public
land in the State.
(B)
Agreement with
Nellis Air Force Base
(i)
In
general
The Federal land conveyed to the System under paragraph
(1)(B) shall be used in accordance with the agreement entitled the
Cooperative Interlocal Agreement between the Board of Regents of the
Nevada System of Higher Education, on Behalf of the University of Nevada,
Las
Vegas, and the 99th Air Base Wing, Nellis Air Force Base, Nevada and
dated June 19, 2009.
(ii)
Modifications
Any
modifications to the agreement described in clause (i) or any related
master
plan shall require the mutual assent of the parties to the agreement.
(iii)
Limitation
In
no case shall the use of the Federal land conveyed under paragraph (1)(B)
compromise the national security mission or navigation rights of Nellis
Air
Force Base.
(3)
Use of Federal
land
The System may use the Federal land conveyed under paragraph
(1) for any public purposes consistent with uses allowed under the Act of
June
14, 1926 (commonly known as the Recreation and Public Purposes
Act) (43 U.S.C. 869 et seq.).
(4)
Reversion
(A)
In
general
If the Federal land or any portion of the Federal land
conveyed under paragraph (1) ceases to be used for the System, the Federal
land, or any portion of the Federal land shall, at the discretion of the
Secretary, revert to the United States.
(B)
University of
Nevada, Las Vegas
If the System fails to complete the first
building or show progression toward development of the University of
Nevada,
Las Vegas campus on the applicable parcels of Federal land by the date
that is
50 years after the date of receipt of certification of acceptable
remediation
of environmental conditions, the parcels of the Federal land described in
subsection (a)(3)(B) shall, at the discretion of the Secretary, revert to
the
United States.
(C)
College of
Southern Nevada
If the System fails to complete the first
building or show progression toward development of the College of Southern
Nevada campus on the applicable parcels of Federal land by the date that
is 12
years after the date of conveyance of the applicable parcels of Federal
land to
the College of Southern Nevada, the parcels of the Federal land described
in
subsection (a)(3)(A) shall, at the discretion of the Secretary, revert to
the
United States.
10.
Land Conveyance
for Southern Nevada Supplemental Airport
(a)
Findings
Congress finds that—
(1) flood mitigation infrastructure is critical to the safe and uninterrupted operation of the proposed
Southern Nevada Supplemental Airport authorized by the Ivanpah Valley
Airport Public Lands Transfer Act (Public Law 106–362; 114 Stat. 1404);
and
(2) through proper engineering, the land described in this section for flood mitigation infrastructure
for the Southern Nevada Supplemental Airport may be consistent with the
role of the Bureau of Land Management—
(A) to protect and prevent irreparable damage to—
(i) important historic, cultural, or scenic values;
(ii) fish and wildlife resources; or
(iii) other natural systems or processes; or
(B) to protect life and safety from natural hazards in the County and nearby areas.
(b)
Definitions
In
this section:
(1)
County
The
term County means Clark County, Nevada.
(2)
Map
The
term Map means the map entitled Land Conveyance for
Southern Nevada Supplemental Airport and dated June 26, 2012.
(3)
Secretary
The
term Secretary means the Secretary of the Interior.
(c)
Land
conveyance
(1)
Authorization of conveyance
(A)
In general
As soon as practicable after the date described in
paragraph (2), subject to valid existing rights and paragraph (3), and
notwithstanding the land use planning requirements of sections 202 and 203
of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the
Secretary shall convey to the County, without consideration, all right,
title,
and interest of the United States in and to the land described in
subsection
(d), subject to such terms and conditions as the Secretary determines to
be necessary.
(B)
Costs
The County shall be responsible for all costs associated with the conveyance under subparagraph
(A).
(2)
Date on which
conveyance may be made
The Secretary shall not make the
conveyance described in paragraph (1) until the later of the date on which
the
Administrator of the Federal Aviation Administration has—
(A) approved an
airport layout plan for an airport to be located in the Ivanpah Valley;
and
(B) with respect to
the construction and operation of an airport on the site conveyed to the
County
pursuant to section 2(a) of the Ivanpah Valley Airport Public Lands
Transfer
Act (Public Law 106–362; 114 Stat. 1404), issued a record of decision
after the
preparation of an environmental impact statement or similar analysis
required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3)
Reservation of
mineral rights
In conveying the public land under paragraph (1),
the Secretary shall reserve the mineral estate, except for purposes
related to
flood mitigation (including removal from aggregate flood events).
(4)
Withdrawal
Subject
to valid existing rights, the public land to be conveyed under paragraph
(1) is
withdrawn from—
(A) location, entry,
and patent under the mining laws; and
(B) operation of the
mineral leasing and geothermal leasing laws.
(5)
Use
The
public land conveyed under paragraph (1) shall be used for the development
of
flood mitigation infrastructure for the Southern Nevada Supplemental
Airport.
(6)
Reversion and
reentry
(A)
In
general
If the land conveyed to the County under the Ivanpah
Valley Airport Public Lands Transfer Act (Public Law 106–362; 114 Stat.
1404)
reverts to the United States, the land conveyed to the County under this
section shall revert, at the option of the Secretary, to the United
States.
(B)
Use of
land
If the Secretary determines that the County is not using the
land conveyed under this section for a purpose described in paragraph (4),
all
right, title, and interest of the County in and to the land shall revert,
at
the option of the Secretary, to the United States.
(d)
Description of
land
The land referred to in subsection (c) consists of the
approximately 2,320 acres of land managed by the Bureau of Land Management
and
described on the Map as the Conveyance Area.
(e)
Map and legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall prepare an official legal description and
map of
the parcel to be conveyed under this section.
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the map prepared under paragraph (1);
or
(B) the legal
description.
(3)
Availability
The
map prepared under paragraph (1) and legal description shall be on file
and available for public inspection
in the appropriate offices of the Bureau of Land Management.
11.
Sunrise
Mountain Instant Study Area release
(a)
Finding
Congress
finds that for the purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), the public land in Clark County,
Nevada, administered by the Bureau of Land Management in the Sunrise
Mountain
Instant Study Area has been adequately studied for wilderness
designation.
(b)
Release
Any
public land described in subsection (a) that is not designated as
wilderness—
(1) is no longer
subject to section 603(c) of the Federal Land Policy and Management Act of
1976
(43 U.S.C. 1782(c)); and
(2) shall be managed
in accordance with land management plans adopted under section 202 of that
Act
(43 U.S.C. 1712).
(c)
Post release
land use approvals
Recognizing that the area released under
subsection (b) presents unique opportunities for the granting of
additional
rights-of-way, including for high voltage transmission facilities, the
Secretary of the Interior may accommodate multiple applicants within a
particular right-of-way.
12.
Nellis Dunes
Off-Highway Vehicle Recreation Area
(a)
Definitions
In this section:
(1)
City
The
term City means the city of North Las Vegas, Nevada.
(2)
Clark County Off-Highway Vehicle Recreation Park
The term Clark County Off-Highway Vehicle Recreation Park means the approximately 960 acres of land identified on the Map as Clark County Off-Highway Vehicle Recreation Park.
(3)
County
The
term County means Clark County, Nevada.
(4)
Map
The
term Map means the map entitled Nellis Dunes OHV Recreation Area and dated December 17, 2013.
(5)
Nellis Dunes
Off-Highway Recreation Area
The term Nellis Dunes Off-Highway Recreation
Area means the approximately 10,035 acres of land identified on the Map as Nellis Dunes OHV Recreation
Area.
(6)
Secretary
The
term Secretary means the Secretary of the Interior.
(7)
State
The
term State means the State of Nevada.
(b)
Conveyance of
Federal land to County
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall convey to the County, subject to valid
existing
rights and paragraph (2), without consideration, all right, title, and
interest
of the United States in and to the Clark County Off-Highway Vehicle
Recreation Park.
(2)
Reservation of
mineral estate
In conveying the parcels of Federal land under
paragraph (1), the Secretary shall reserve the mineral estate, except for
purposes related to flood mitigation (including removal from aggregate
flood
events).
(3)
Use of conveyed
land
(A)
In
general
The parcels of land conveyed under paragraph
(1) may be used by the County for any public purposes described in
subparagraph (B), consistent with the Act of June 14, 1926 (commonly known
as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
(B)
Authorized uses
The land conveyed under paragraph (1)—
(i) shall be used by
the County—
(I) to provide a
suitable location for the establishment of a centralized off-road vehicle
recreation park in the County;
(II) to provide the
public with opportunities for off-road vehicle recreation, including a
location
for races, competitive events, training and other commercial services that
directly support a centralized off-road vehicle recreation area and County
park;
(III) to provide a
designated area and facilities that would discourage unauthorized use of
off-highway vehicles in areas that have been identified by the Federal
Government, State government, or County government as containing
environmentally sensitive land; and
(ii) shall not be
disposed of by the County.
(C)
Reversion
If the County ceases to use any parcel of land conveyed under paragraph (1) for the purposes
described in subparagraph (B)—
(i) title to the parcel shall revert to the Secretary, at the option of the Secretary; and
(ii) the County shall be responsible for any reclamation necessary to revert the parcel to the United
States.
(D)
Management plan
The Secretary of the Air Force and the County, may develop a special management plan for the land
conveyed under paragraph (1)—
(i) to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation
Area;
(ii) to ensure compatible development with the mission requirements of the Nellis Air Force Base; and
(iii) to avoid and mitigate known public health risks associated with off-highway vehicle use in the
Nellis Dunes Recreation Area.
(4)
Funding
Section 4(e)(3) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112
Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat.
3045) is amended—
(A) in clause (x) by striking ; and and inserting ;;
(B) by redesignating clause (xi) as (xii); and
(C) by inserting after clause (x) the following:
(xi) the Clark County Off-Highway Vehicle Recreation Park; and
.
(5)
Agreement with
Nellis Air Force Base
(A)
In
general
Before the Federal land may be conveyed to the County
under paragraph (1), the Clark County Board of Commissioners and Nellis
Air
Force Base shall enter into an interlocal agreement for the Federal land
and
the Nellis Dunes Recreation Area—
(i) to enhance safe
off-highway recreation use; and
(ii) to ensure that
development of the Federal land is consistent with the long-term mission
requirements of Nellis Air Force Base.
(B)
Limitation
The
use of the Federal land conveyed under paragraph (1) shall not compromise
the
national security mission of Nellis Air Force Base.
(6)
Additional
terms and conditions
With respect to the conveyance of Federal
land under paragraph (1), the Secretary may require such additional terms
and
conditions as the Secretary considers to be appropriate to protect the
interests of the United States.
(c)
Designation of Nellis Dunes Off-Highway Vehicle Recreation Area
(1)
In general
The approximately 10,035 acres of land identified on the Map as the Nellis Dunes OHV Recreation Area shall be known and designated as the Nellis Dunes Off-Highway Vehicle Recreation Area.
(2)
Management plan
The Secretary may develop a special management plan for the Nellis Dunes Off-Highway Recreation
Area to enhance the safe use of off-highway vehicles for recreational
purposes.
13.
Withdrawal and reservation of land for Nellis Air Force Base expansion
(a)
Withdrawals
Section 3011(b) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 886) is
amended—
(1) in paragraph (4)—
(A) by striking comprise approximately and inserting the following:
comprise—
(A) approximately
;
(B) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(B) approximately 710 acres of land in Clark County, Nevada, identified as Addition to Nellis Air Force Base on the map entitled Nellis Dunes Off-Highway Vehicle Recreation Area and dated June 26, 2012; and
(C) approximately 410 acres of land in Clark County, Nevada, identified as Addition to Nellis Air Force Base on the map entitled North Las Vegas Valley Overview and dated November 5, 2013.
; and
(2) by adding at the end the following:
(6)
Existing mineral materials contracts
(A)
Applicability
Section 3022 shall not apply to any mineral material resource authorized for sale by the Secretary
of the Interior under a valid contract for the duration of the contract.
(B)
Access
Notwithstanding any other provision of this subtitle, the Secretary of the Air Force shall allow
adequate and reasonable access to mineral material resources authorized
for sale by the Secretary of the Interior under a valid contract for the
duration of the contract.
.
(b)
Conforming amendment
Section 3022 of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 897) is
amended by striking section 3011(b)(5)(B) and inserting paragraphs (5)(B) and (6) of section 3011(b).
14.
Military overflights
(a)
Findings
Congress finds that military aircraft testing and training activities in the State of Nevada—
(1) are an important part of the national defense system of the United States; and
(2) are essential in order to secure an enduring and viable national defense system for the current and
future generations of people of the United States.
(b)
Overflights
Nothing in this Act restricts or precludes any military overflight, including—
(1) low-level overflights of military aircraft over the Federal land;
(2) flight testing and evaluation; and
(3) the designation or creation of new units of special airspace, or the use or establishment of
military flight training routes, over—
(A) the Tule Springs Fossil Beds National Monument
established by section 2(c)(1); or
(B) the Red Rock
Canyon National Conservation Area established by the Red Rock Canyon
National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.) (as
modified by section 3).
15.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
June 2, 2014Reported with an amendment