,,ii #aahth ,,congress #ast ,session ,s4 #cacd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #be1 #bjbc,ms4 ,cortez ,masto 7for herself and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,sloan ,canyon ,national ,conservation ,area ,act to adjust the boundary of the ,sloan ,canyon ,national ,conservation ,area1 to amend the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi to include the city of ,north ,las ,vegas1 ,nevada1 and the ,apex ,industrial ,park ,owners ,association1 to clarify the authority of the ,department of ,defense to conduct certain military activities at the ,nevada ,test and ,training ,range1 to designate the ,southern ,paiute ,wilderness in the ,state of ,nevada1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,national ,security and ,preserving ,access to ,public ,land in ,southern ,nevada ,act of #bjbc4 #b4 ,sloan ,canyon ,national ,conservation ,area boundary adjustment 7a7 ,definitions ,in this section3 7#a7 ,conservation area ,the term ,conservation ,area means the ,sloan ,canyon ,national ,conservation ,area4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior 7acting through the ,director of the ,bureau of ,land ,management74 7b7 ,boundary adjustment 7#a7 ,map ,section #fjc7d7 of the ,sloan ,canyon ,national ,conservation ,area ,act 7#af ,u4,s4,c4 #dfjqqq-#a7d77 is amended by striking map entitled ,southern ,nevada ,public ,land ,management ,act and dated ,october #a1 #bjjb and inserting map entitled ,proposed ,sloan ,canyon ,expansion and dated ,june #g1 #bjbc4 7#b7 ,acreage ,section #fjd7;b7 of the ,sloan ,canyon ,national ,conservation ,area ,act 7#af ,u4,s4,c4 #dfjqqq-#b7;b77 is amended by striking #dh1dch and inserting #eg1gbh4 7c7 ,right-of-,way ,section #fje of the ,sloan ,canyon ,national ,conservation ,area ,act 7#af ,u4,s4,c4 #dfjqqq-#c7 is amended by adding at the end the following3 7h7 ,horizon lateral pipeline right-of-,way 7#a7 ,in general ,notwithstanding sections #bjb and #ejc of the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab1 #agfc7 and subject to valid existing rights and paragraph 7#c71 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management 7referred to in this subsection as the ,secretary71 shall1 not later than #a year after the date of enactment of this subsection1 grant to the ,southern ,nevada ,water ,authority 7referred to in this subsection as the ,authority71 not subject to the payment of rents or other charges1 the temporary and permanent water pipeline infrastructure1 and outside the boundaries of the ,conservation ,area1 powerline1 facility1 and access road rights-of-way depicted on the map for the purposes of-- 7,a7 performing geotechnical investigations within the rights-of-way2 and 7,b7 constructing and operating water transmission and related facilities4 7#b7 ,excavation and disposal 7,a7 ,in general ,the ,authority may1 without consideration1 excavate and use or dispose of sand1 gravel1 minerals1 or other materials from the tunneling of the water pipeline necessary to fulfill the purpose of the rights-of-way granted under paragraph 7#a74 7,b7 ,memorandum of understanding ,not later than #cj days after the date on which the rights-of-way are granted under paragraph 7#a71 the ,secretary and the ,authority shall enter into a memorandum of understanding identifying ,federal land on which the ,authority may dispose of materials under subparagraph 7,a7 to further the interests of the ,bureau of ,land ,management4 7#c7 ,requirements ,a right-of-way issued under this subsection shall be subject to the following requirements3 7,a7 ,the ,secretary may include reasonable terms and conditions1 consistent with section #eje of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfe71 as are necessary to protect ,conservation ,area resources4 7,b7 ,construction of the water pipeline shall not permanently adversely affect conservation area surface resources4 7,c7 ,the right-of-way shall not be located through or under any area designated as wilderness4 4 7d7 ,preservation of transmission and utility corridors and rights-of-,way ,the expansion of the ,conservation ,area boundary under the amendment made by subsection 7b7-- 7#a7 shall be subject to valid existing rights1 including land within a designated utility transmission corridor or a transmission line right-of-way grant approved by the ,secretary in a record of decision issued before the date of enactment of this ,act2 7#b7 shall not preclude-- 7,a7 any activity authorized in accordance with a designated corridor or right-of-way referred to in paragraph 7#a71 including the operation1 maintenance1 repair1 or replacement of any authorized utility facility within the corridor or right-of-way2 or 7,b7 the ,secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor referred to in paragraph 7#a7 in accordance with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable laws2 and 7ii7 subject to such terms and conditions as the ,secretary determines to be appropriate2 and 7#c7 except as provided in the amendment made by subsection 7c71 modifies the management of the ,conservation ,area pursuant to section #fje of the ,sloan ,canyon ,national ,conservation ,area ,act 7#af ,u4,s4,c4 #dfjqqq-#c74 #c4 ,amendments to the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi 7a7 ,definitions ,section #b7;b7 of the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi 7,public ,law #aja-fg2 #ajc ,stat4 #afi7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,as used in this ,act1 the following terms shall have the following meanings-- and inserting ,in this ,act32 7#b7 in each of paragraphs 7#a71 7#b71 7#d71 and 7#e71 by inserting a paragraph heading1 the text of which comprises the term defined in that paragraph2 7#c7 in paragraph 7#c71 by inserting ,county2 ,clark ,county4-- before ,the term2 7#d7 in paragraph 7#f7-- 7,a7 by inserting ,,flpma terms4-- before ,all2 and 7,b7 by inserting 7#dc ,u4,s4,c4 #agja et seq47 before the period at the end2 7#e7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f7 as paragraphs 7#g71 7#f71 7#d71 7#e71 7#b71 and 7#h71 respectively2 7#f7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,apex ,industrial ,park ,owners ,association ,the term ,apex ,industrial ,park ,owners ,association means the ,apex ,industrial ,park ,owners ,association formed on ,april #i1 #bjja1 and chartered in the ,state of ,nevada 7including any successor in interest74 2 and 7#g7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,city ,the term ,city means the city of ,north ,las ,vegas1 ,nevada4 4 7b7 ,kerr-,mc,gee site transfer ,section #c7;b7 of the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi 7,public ,law #aja-fg2 #ajc ,stat4 #agj7 is amended-- 7#a7 in the first sentence-- 7,a7 by striking ,clark ,county and inserting ,clark ,county1 the ,city1 or the ,apex ,industrial ,park ,owners ,association1 individually or jointly1 as appropriate12 and 7,b7 by striking ,site and inserting ,site and other land conveyed in accordance with this ,act2 and 7#b7 in the third sentence1 by striking ,clark ,county and inserting ,clark ,county1 the ,city1 or the ,apex ,industrial ,park ,owners ,association1 individually or jointly1 as appropriate14 7c7 ,authorization for additional transfers ,section #d of the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi 7,public ,law #aja-fg2 #ajc ,stat4 #aga7 is amended-- 7#a7 in subsection 7c71 by striking 8,clark ,county0 and inserting 8,clark ,county1 the ,city1 or the ,apex ,industrial ,park ,owners ,association1 individually or jointly1 as appropriate102 and 7#b7 in subsection 7e71 by adding at the end the following3 7#c7 ,mineral materials sale ,notwithstanding the requirements of part #cfjj of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph71 the ,secretary may sell1 at not less than fair market value1 without advertising or calling for bids and without regard to volume or time limitations1 mineral materials resulting from grading1 land balancing1 or other activities on the surface of a parcel of land within the ,apex ,site for which the ,united ,states retains an interest in the minerals4 4 7d7 ,environmental considerations ,section #f of the ,apex ,project1 ,nevada ,land ,transfer and ,authorization ,act of #aihi 7,public ,law #aja-fg2 #ajc ,stat4 #agc7 is amended by adding at the end the following3 7d7 ,compliance with environmental assessments ,each transfer by the ,united ,states of land or interest in lands within the ,apex ,site or rights-of-way issued pursuant to this ,act shall be conditioned on the compliance with applicable ,federal land laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 4 #d4 ,clarification of authority of ,department ,of ,defense to conduct certain military activities at ,nevada ,test and ,training ,range 7a7 ,authorized military activities ,section #cjaa7;b7 of the ,military ,lands ,withdrawal ,act of #aiii 7,public ,law #ajf-fe2 #aac ,stat4 #hhf7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 in the second sentence1 by inserting 1 subject to the conditions described in section #cjad7;a7 after ,secretary of the ,air ,force2 7,b7 in subparagraph 7,c71 by striking and at the end2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,g72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 for emergency response2 7,e7 for the establishment and use of existing or new electronic tracking and communications sites1 including the construction of not more than #ae equipment pads1 not larger than #aej-;by-#aej feet in size1 along existing roads to allow placement and operation of threat emitters2 7,f7 for the use and maintenance of roads in existence as of ,january #a1 #bjbc1 depicted on the map entitled ,desert ,national ,wildlife ,range ,proposed ,southern ,paiute ,wilderness ,area and dated ,september #g1 #bjbc1 to allow access to threat emitters and repeaters for installation1 maintenance1 and periodic relocation2 and 2 7#b7 in paragraph 7#e77;,d7-- 7,a7 in the matter preceding clause 7i71 by striking shall be construed to effect and inserting affects2 and 7,b7 by adding at the end the following3 7iv7 ,the authority of the ,secretary of the ,interior to access the portions of the joint use area under the primary jurisdiction of the ,secretary of the ,interior to carry out the management responsibilities of the ,secretary of the ,interior for not less than #aj percent of annual calendar days1 as enumerated in an annual access schedule jointly prepared by the ,secretary of the ,interior and the ,secretary of the ,air ,force4 2 and 7#c7 by adding at the end the following3 7#g7 ,limitation on use of certain land before operational memorandum of understanding ,notwithstanding subparagraph 7,e7 of paragraph 7#a71 the ,secretary of the ,air ,force shall not install or make operational use of an electronic tracking and communications site authorized under that subparagraph that was not subject to withdrawal before the date of enactment of this paragraph until the date on which the ,secretary of the ,air ,force and the ,secretary of the ,interior have entered into a new operational memorandum of understanding for management in the joint use area in the ,desert ,national ,wildlife ,refuge4 4 7b7 ,interagency committee2 intergovernmental executive committee ,section #cjaa7;b77#e7 of the ,military ,lands ,withdrawal ,act of #aiii 7,public ,law #ajf-fe2 #aac ,stat4 #hhg2 #acd ,stat4 #dcea7 is amended-- 7#a7 in subparagraph 7,g7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 ,in general ,the ,secretary of the ,interior and the ,secretary of the ,air ,force shall jointly establish an interagency committee 7referred to in this subparagraph as the interagency committee7-- 7,i7 to facilitate coordination1 manage public access needs and requirements1 and minimize potential conflict between the ,department of the ,interior and the ,department of the ,air ,force with respect to joint operating areas in the ,desert ,national ,wildlife ,refuge2 7,,ii7 to discuss1 as needed-- 7aa7 activities under consideration in the joint operating areas in the ,desert ,national ,wildlife ,refuge and the land under the primary jurisdiction of the ,secretary of the ,air ,force in the ,desert ,national ,wildlife ,refuge2 and 7bb7 the activities authorized under paragraph 7#a72 and 7,,iii7 to provide input to the ,united ,states ,fish and ,wildlife ,service and the ,department of the ,air ,force in assessing whether the activities described in subclause 7,,ii7 may be conducted in the joint operating areas in the ,desert ,national ,wildlife ,refuge that are under the primary jurisdiction of the ,secretary of the ,interior or land under the primary jurisdiction of the ,secretary of the ,air ,force in the ,desert ,national ,wildlife ,refuge1 in a manner that is consistent with-- 7aa7 the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq472 and 7bb7 any other applicable law4 2 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,i71 by inserting 1 including a designee of the ,director of the ,united ,states ,fish and ,wildlife ,service before the period at the end2 and 7ii7 in subclause 7,,ii71 by inserting 1 including a designee of the ,assistant ,secretary of the ,air ,force for ,energy1 ,installations1 and ,environment before the period at the end2 and 7#b7 in subparagraph 7,h77ii77,,ii71 by striking with respect to public access needs and requirements and inserting the following3 8with respect to-- 7aa7 public access needs and requirements2 and 7bb7 any proposal by the ,secretary of the ,air ,force to undertake any of the activities authorized under paragraph 7#a7 in the joint operating areas in the ,desert ,national ,wildlife ,refuge or the land under primary jurisdiction of the ,secretary of the ,air ,force in the ,desert ,national ,wildlife ,refuge 4 #e4 ,designation of ,southern ,paiute ,wilderness1 ,nevada 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,state ,the term ,state means the ,state of ,nevada4 7#c7 ,wilderness area ,the term wilderness area means the wilderness area designated by subsection 7b77#a74 7b7 ,addition to the ,national ,wilderness ,preservation ,system 7#a7 ,designation ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 there is designated as wilderness and as a component of the ,national ,wilderness ,preservation ,system the approximately #gcf1ahh acres of ,federal land managed by the ,director of the ,united ,states ,fish and ,wildlife ,service in ,clark and ,lincoln ,counties1 ,nevada1 to be known as the ,southern ,paiute ,wilderness4 7#b7 ,boundary ,the boundary of any portion of the wilderness area that is bordered by a road shall be not less than #ej feet from the centerline of the road4 7#c7 ,map and legal description 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of the wilderness area4 7,b7 ,effect ,the map and legal description prepared under subparagraph 7,a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct clerical and typographical errors in the map or legal description4 7,c7 ,availability ,the map and legal description prepared under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,withdrawal ,subject to valid existing rights1 the wilderness area is withdrawn from-- 7,a7 all forms of entry1 appropriation1 and disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing and geothermal leasing laws4 7c7 ,management ,subject to valid existing rights1 the wilderness area shall be administered by the ,secretary in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 except that-- 7#a7 any reference in that ,act to the effective date of that ,act shall be considered to be a reference to the date of enactment of this ,act2 and 7#b7 any reference in that ,act to the ,secretary of ,agriculture shall be considered to be a reference to the ,secretary4 7d7 ,incorporation of acquired land and interests in land ,any land or interest in land within the boundary of the wilderness area that is acquired by the ,united ,states after the date of enactment of this ,act shall be added to1 and administered as part of1 the wilderness area4 7e7 ,water rights 7#a7 ,findings ,congress finds that-- 7,a7 the land designated as the wilderness area-- 7i7 is within the ,mojave ,desert2 7ii7 is arid in nature2 and 7iii7 includes ephemeral streams2 7,b7 the hydrology of the land designated as the wilderness area is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels2 7,c7 the subsurface hydrogeology of the region in which the land designated as the wilderness area is located is characterized by-- 7i7 groundwater subject to local and regional flow gradients2 and 7ii7 unconfined and artesian conditions2 7,d7 the land designated as the wilderness area is generally not suitable for use or development of new water resource facilities2 and 7,e7 because of the unique nature and hydrology of the desert land in the wilderness area1 it is possible to provide for proper management and protection of the wilderness area and other values of land in ways different from ways used in other laws4 7#b7 ,effect ,nothing in this section-- 7,a7 constitutes an express or implied reservation by the ,united ,states of any water or water rights with respect to the wilderness area2 7,b7 affects any water rights in the ,state 7including any water rights held by the ,united ,states7 in existence on the date of enactment of this ,act2 7,c7 establishes a precedent with regard to any future wilderness designations2 7,d7 affects the interpretation of1 or any designation made under1 any other ,act2 or 7,e7 limits1 alters1 modifies1 or amends any interstate compact or equitable apportionment decree that apportions water among and between the ,state and other ,states4 7#c7 ,state water law ,the ,secretary shall follow the procedural and substantive requirements of ,state law in order to obtain and hold any water rights not in existence on the date of enactment of this ,act with respect to the wilderness area4 7#d7 ,new projects 7,a7 ,definition of water resource facility 7i7 ,in general ,in this paragraph1 the term water resource facility means an irrigation or pumping facility1 reservoir1 water conservation work1 aqueduct1 canal1 ditch1 pipeline1 well1 hydropower project1 transmission or other ancillary facility1 and other water diversion1 storage1 or carriage structure4 7ii7 ,exclusion ,in this paragraph1 the term water resource facility does not include a wildlife guzzler4 7,b7 ,restriction on new water resource facilities ,except as otherwise provided in this section1 on and after the date of enactment of this ,act1 neither the ,president nor any other officer1 employee1 or agent of the ,united ,states shall fund1 assist1 authorize1 or issue a license or permit for the development of any new water resource facility within the wilderness area4 7f7 ,wildfire1 insects1 and disease ,in accordance with section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 the ,secretary may take such measures in the wilderness area as are necessary for the control of fire1 insects1 and diseases 7including1 as the ,secretary determines to be appropriate1 the coordination of the activities with a ,state or local agency74 7g7 ,data collection ,subject to such terms and conditions as the ,secretary may prescribe1 nothing in this section precludes the installation and maintenance of hydrologic1 meteorological1 or climatological collection devices in the wilderness area1 if the ,secretary determines that the devices and access to the devices are essential to flood warning1 flood control1 or water reservoir operation activities4 7h7 ,military overflights ,nothing in this section restricts or precludes-- 7#a7 low-level overflights of military aircraft over the wilderness area1 including military overflights that can be seen or heard within the wilderness area2 7#b7 flight testing or evaluation2 or 7#c7 the designation or creation of new units of special use airspace or the establishment of military flight training routes1 over the wilderness area4 7i7 ,wildlife management 7#a7 ,in general ,in accordance with section #d7;d77#g7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#g771 nothing in this section affects or diminishes the jurisdiction of the ,state with respect to fish and wildlife management1 including the regulation of hunting1 fishing1 and trapping1 in the wilderness area4 7#b7 ,management activities ,in furtherance of the purposes and principles of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,secretary may conduct any management activities in the wilderness area that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations1 if the activities are carried out-- 7,a7 consistent with relevant wilderness management plans or comprehensive conservation plans2 and 7,b7 in accordance with-- 7i7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 and 7ii7 appropriate policies1 including policies authorizing the occasional and temporary use of motorized vehicles1 if the use1 as determined by the ,secretary1 would promote healthy1 viable1 and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks4 7#c7 ,existing activities ,in accordance with section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 the ,state may continue to use aircraft 7including helicopters7 to survey1 capture1 transplant1 monitor1 and provide water for wildlife populations4 7#d7 ,wildlife water development projects ,subject to subsection 7e71 the ,secretary shall authorize structures and facilities1 including existing structures and facilities1 for wildlife water development projects1 including guzzlers1 in the wilderness area if-- 7,a7 the structures and facilities would1 as determined by the ,secretary1 enhance wilderness values by promoting healthy1 viable1 and more naturally distributed wildlife populations2 and 7,b7 the visual impacts of the structures and facilities on the wilderness area can reasonably be minimized4 7#e7 ,hunting1 fishing1 and trapping 7,a7 ,in general ,the ,secretary may designate areas in which1 and establish periods during which1 for reasons of public safety1 administration1 or compliance with applicable laws1 no hunting1 fishing1 or trapping will be permitted in the wilderness area4 7,b7 ,consultation ,except in an emergency1 the ,secretary shall consult with the appropriate ,state agency and notify the public before taking any action under subparagraph 7,a74 7j7 ,preservation of public access ,the area depicted as ,corn ,creek _/ ,alamo ,road on the map entitled ,desert ,national ,wildlife ,range ,proposed ,southern ,paiute ,wilderness ,area and dated ,september #g1 #bjbc1 shall be preserved for public access4 7k7 ,effect of ,act ,nothing in this ,act rescinds or precludes the continued management of any other area of the ,desert ,national ,wildlife ,refuge as proposed wilderness until the date on which the area is designated as a component of the ,national ,wilderness ,preservation ,system by a subsequent ,act of ,congress4 #f4 ,bureau of ,land management and ,state of ,nevada cooperative agreement ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that describes the status of the cooperative agreement authorized under section #bije7;j77#f7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc2 #acf ,stat4 #cjdc74