[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4457 Reported in Senate (RS)]
<DOC>
Calendar No. 628
118th CONGRESS
2d Session
S. 4457
To provide for conservation and economic development in the State of
Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2024
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for conservation and economic development in the State of
Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Southern
Nevada Economic Development and Conservation Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--TRIBAL EMPOWERMENT AND ECONOMIC DEVELOPMENT
<DELETED>Sec. 101. Transfer of land to be held in trust for the Moapa
Band of Paiutes.
<DELETED>Sec. 102. Tribal fee land to be held in trust.
<DELETED>Sec. 103. Transfer of land to be held in trust for the Las
Vegas Paiute Tribe.
<DELETED>TITLE II--CLARK COUNTY, NEVADA
<DELETED>Sec. 201. Definition of public park under the Red Rock Canyon
National Conservation Area Protection and
Enhancement Act of 2002.
<DELETED>Sec. 202. Red Rock Canyon National Conservation Area boundary
adjustment.
<DELETED>Sec. 203. Land disposal and public purpose conveyances.
<DELETED>Sec. 204. Revocation of Ivanpah Area of Critical Environmental
Concern and establishment of special
management areas.
<DELETED>Sec. 205. Relationship to the Clark County Multiple Species
Habitat Conservation Plan.
<DELETED>Sec. 206. Designation of Maude Frazier Mountain.
<DELETED>Sec. 207. Availability of special account.
<DELETED>Sec. 208. Nevada Cancer Institute land conveyance.
<DELETED>Sec. 209. Sloan Canyon National Conservation Area boundary
adjustment.
<DELETED>Sec. 210. Sloan Job Creation Zone.
<DELETED>Sec. 211. Amendments to the Apex Project, Nevada Land Transfer
and Authorization Act of 1989.
<DELETED>TITLE III--WILDERNESS
<DELETED>Sec. 301. Additions to the National Wilderness Preservation
System.
<DELETED>TITLE IV--LOCAL GOVERNMENT CONVEYANCES IN THE STATE OF NEVADA
FOR PUBLIC PURPOSES
<DELETED>Sec. 401. City of Boulder City, Nevada, conveyance.
<DELETED>Sec. 402. City of Mesquite, Nevada, conveyance for the
protection of the Virgin River watershed.
<DELETED>Sec. 403. Clark County, Nevada, conveyance to support public
safety and wildfire response.
<DELETED>Sec. 404. Moapa Valley Water District, Nevada, conveyance to
support access to rural water supply.
<DELETED>Sec. 405. City of North Las Vegas, Nevada, conveyance for fire
training facility.
<DELETED>Sec. 406. Clark County, Nevada, conveyance to support public
recreation.
<DELETED>Sec. 407. Conveyance of Desert Breeze Water Resources Center
in Clark County, Nevada.
<DELETED>Sec. 408. Clark County Water Reclamation District conveyance
for wastewater treatment facility.
<DELETED>Sec. 409. Water infrastructure conveyances for public
purposes.
<DELETED>Sec. 410. Henderson, Nevada, conveyance to support public
recreation.
<DELETED>Sec. 411. Flood control infrastructure conveyances for public
purposes.
<DELETED>Sec. 412. Las Vegas, Nevada, conveyance to support public
recreation.
<DELETED>Sec. 413. North Las Vegas, Nevada, conveyance to support
public recreation.
<DELETED>Sec. 414. Mesquite, Nevada, conveyance to support public
infrastructure.
<DELETED>TITLE V--IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED PLAN
<DELETED>Sec. 501. Implementation of Lower Virgin River watershed plan.
<DELETED>TITLE VI--SOUTHERN NEVADA LIMITED TRANSITION AREA
<DELETED>Sec. 601. Southern Nevada Limited Transition Area.
<DELETED>TITLE VII--MISCELLANEOUS PROVISIONS
<DELETED>Sec. 701. Off-highway vehicle recreation areas.
<DELETED>Sec. 702. Lower Las Vegas Wash weirs.
<DELETED>Sec. 703. Critical flood control facilities.
<DELETED>Sec. 704. Jurisdiction over fish and wildlife.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) County.--The term ``County'' means Clark
County, Nevada.</DELETED>
<DELETED> (2) Federal incidental take permit.--The term
``Federal incidental take permit'' means an incidental take
permit issued under section 10(a)(1)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) to--</DELETED>
<DELETED> (A) the Nevada Department of
Transportation;</DELETED>
<DELETED> (B) the County; or</DELETED>
<DELETED> (C) any of the following cities in the
State:</DELETED>
<DELETED> (i) Las Vegas.</DELETED>
<DELETED> (ii) North Las Vegas.</DELETED>
<DELETED> (iii) Henderson.</DELETED>
<DELETED> (iv) Boulder City.</DELETED>
<DELETED> (v) Mesquite.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Nevada.</DELETED>
<DELETED> (5) Unit of local government.--The term ``unit of
local government'' has the meaning given the term in section 3
of the Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2343).</DELETED>
<DELETED>TITLE I--TRIBAL EMPOWERMENT AND ECONOMIC DEVELOPMENT</DELETED>
<DELETED>SEC. 101. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA
BAND OF PAIUTES.</DELETED>
<DELETED> (a) Definition of Tribe.--In this section and section 102,
the term ``Tribe'' means the Moapa Band of Paiutes of the Moapa River
Indian Reservation, Nevada.</DELETED>
<DELETED> (b) Transfer of Land.--</DELETED>
<DELETED> (1) In general.--Subject to valid existing rights,
including existing rights-of-way and pending right-of-way
applications for water and wastewater facilities and for
electric generation, storage, transmission, distribution, and
supporting facilities, all right, title, and interest of the
United States in and to the land described in subsection (c)
shall be--</DELETED>
<DELETED> (A) held in trust by the United States for
the benefit of the Tribe; and</DELETED>
<DELETED> (B) part of the reservation of the
Tribe.</DELETED>
<DELETED> (2) Certain transmission facilities.--</DELETED>
<DELETED> (A) In general.--The transfer of land
under paragraph (1) shall be subject to the reservation
to the United States of electric transmission corridor
rights-of-way, which shall be administered by the
Secretary under the laws applicable to such rights-of-
way.</DELETED>
<DELETED> (B) Requirements.--The Secretary shall
ensure that any payments after the date of enactment of
this Act for the right-of-way under subparagraph (A)
shall be--</DELETED>
<DELETED> (i) made for the benefit of the
Tribe; and</DELETED>
<DELETED> (ii) transferred from the
Secretary to the Tribe in a timely
manner.</DELETED>
<DELETED> (c) Description of Land.--The land referred to in
subsection (b)(1) is the approximately 44,950 acres of land
administered by the Bureau of Land Management and the Bureau of
Reclamation, as generally depicted on the map entitled ``Moapa Band of
Paiutes'' and dated February 2, 2023.</DELETED>
<DELETED> (d) Survey.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (b)(1).</DELETED>
<DELETED> (e) Gaming.--Land taken into trust under this section
shall not be eligible, or considered to have been taken into trust, for
class II gaming or class III gaming (as those terms are defined in
section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).</DELETED>
<DELETED> (f) Water Rights.--</DELETED>
<DELETED> (1) In general.--There shall not be Federal
reserved rights to surface water or groundwater for any land
taken into trust by the United States for the benefit of the
Tribe under subsection (b)(1).</DELETED>
<DELETED> (2) State water rights.--The Tribe shall retain
any right or claim to water under State law for any land taken
into trust by the United States for the benefit of the Tribe
under subsection (b)(1).</DELETED>
<DELETED>SEC. 102. TRIBAL FEE LAND TO BE HELD IN TRUST.</DELETED>
<DELETED> (a) In General.--All right, title, and interest of the
Tribe in and to the land described in subsection (b) shall be--
</DELETED>
<DELETED> (1) held in trust by the United States for the
benefit of the Tribe; and</DELETED>
<DELETED> (2) part of the reservation of the
Tribe.</DELETED>
<DELETED> (b) Description of Land.--The land referred to in
subsection (a) is the approximately 196 acres of land held in fee by
the Tribe, as generally depicted on the map entitled ``Moapa Band of
Paiutes'' and dated February 2, 2023.</DELETED>
<DELETED> (c) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey to
establish the boundaries of the land taken into trust under subsection
(a).</DELETED>
<DELETED>SEC. 103. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE LAS
VEGAS PAIUTE TRIBE.</DELETED>
<DELETED> (a) Definition of Tribe.--In this section, the term
``Tribe'' means the Las Vegas Paiute Tribe.</DELETED>
<DELETED> (b) Transfer of Land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to the land
described in subsection (c) shall be--</DELETED>
<DELETED> (1) held in trust by the United States for the
benefit of the Tribe; and</DELETED>
<DELETED> (2) part of the reservation of the
Tribe.</DELETED>
<DELETED> (c) Description of Land.--The land referred to in
subsection (b) is the approximately 3,156 acres of land administered by
the Bureau of Land Management, as generally depicted on the map
entitled ``Las Vegas Paiute Tribe'' and dated February 2,
2023.</DELETED>
<DELETED> (d) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey to
establish the boundaries of the land taken into trust under subsection
(b).</DELETED>
<DELETED> (e) Renewable Energy Transmission Corridor.--As a
condition of the transfer of land under subsection (b), not later than
30 days after the date on which the land is taken into trust by the
United States for the benefit of the Tribe under subsection (b), a 300-
foot-wide right-of-way (as generally depicted on the map described in
subsection (c)) shall be granted by the Tribe to a qualified electric
utility for the construction and maintenance of high-voltage
transmission facilities consistent with existing renewable energy
transmission agreements between the Tribe and the qualified electric
utility on the Snow Mountain Reservation.</DELETED>
<DELETED> (f) Gaming.--Land taken into trust under this section
shall not be eligible, or considered to have been taken into trust, for
class II gaming or class III gaming (as those terms are defined in
section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).</DELETED>
<DELETED> (g) Water Rights.--</DELETED>
<DELETED> (1) In general.--Nothing in this section affirms
or denies Federal reserved rights to surface water or
groundwater for any land taken into trust by the United States
for the benefit of the Tribe under subsection (b).</DELETED>
<DELETED> (2) State water rights.--The Tribe shall retain
any right or claim to water under State law for any land taken
into trust by the United States for the benefit of the Tribe
under subsection (b).</DELETED>
<DELETED> (h) Intergovernmental Agreement.--Nothing in this section
affects the implementation of the March 2021 Intergovernmental
Agreement between the Las Vegas Paiute Tribe and the City of Las
Vegas.</DELETED>
<DELETED> (i) Conforming Amendment.--Section 3092 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3870) is amended by
striking subsection (d).</DELETED>
<DELETED>TITLE II--CLARK COUNTY, NEVADA</DELETED>
<DELETED>SEC. 201. DEFINITION OF PUBLIC PARK UNDER THE RED ROCK CANYON
NATIONAL CONSERVATION AREA PROTECTION AND ENHANCEMENT ACT
OF 2002.</DELETED>
<DELETED> Section 102 of the Red Rock Canyon National Conservation
Area Protection and Enhancement Act of 2002 (16 U.S.C. 460ccc-4 note;
Public Law 107-282) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (4), and (5), respectively;</DELETED>
<DELETED> (2) by inserting before paragraph (2) (as so
redesignated) the following:</DELETED>
<DELETED> ``(1) Associated supportive use.--The term
`associated supportive use' means a use that supports the
overall function and enjoyment of a public park.'';
and</DELETED>
<DELETED> (3) by inserting after paragraph (2) (as so
redesignated) the following:</DELETED>
<DELETED> ``(3) Public park.--The term `public park'
includes land developed or managed by a partnership between
Clark County, Nevada, and a private entity for recreational
uses and associated supportive uses, including uses that
require a fee for admittance or use of property within the
public park.''.</DELETED>
<DELETED>SEC. 202. RED ROCK CANYON NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.</DELETED>
<DELETED> Section 3(a) of the Red Rock Canyon National Conservation
Area Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)) is amended by
striking paragraph (2) and inserting the following:</DELETED>
<DELETED> ``(2) The conservation area shall consist of
approximately 253,950 acres of land, as generally depicted on
the map entitled `Red Rock Canyon National Conservation Area'
and dated February 2, 2023.''.</DELETED>
<DELETED>SEC. 203. LAND DISPOSAL AND PUBLIC PURPOSE
CONVEYANCES.</DELETED>
<DELETED> (a) Land Disposal.--</DELETED>
<DELETED> (1) In general.--Section 4(a) of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2344; 116 Stat. 2007; 127 Stat. 3872) is amended, in
the first sentence, by striking ``September 17, 2012.'' and
inserting ``February 2, 2023. The Secretary and Clark County
shall jointly nominate not more than an additional 25,000 acres
from land depicted on the map as `Proposed Expanded Las Vegas
Disposal Boundary' for addition to the disposal
boundary.''.</DELETED>
<DELETED> (2) Revocation of disposal.--The designation by
the Bureau of Land Management of the Valley West disposal area
and the Nelson disposal area in the document entitled ``Record
of Decision for the Approved Las Vegas Resource Management Plan
and Final Environmental Impact Statement'' and dated October
1998 is revoked.</DELETED>
<DELETED> (3) Sand and gravel.--For purposes of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2343) or the Clark County Conservation of Public Land
and Natural Resources Act of 2002 (Public Law 107-282; 116
Stat. 1994), the Secretary shall authorize the
following:</DELETED>
<DELETED> (A) The movement of common varieties of
sand and gravel on a surface estate acquired under the
Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2343) or the Clark
County Conservation of Public Land and Natural
Resources Act of 2002 (Public Law 107-282; 116 Stat.
1994) by the owner of the surface estate for purposes
including recontouring or balancing the surface estate
or filling utility trenches on the surface
estate.</DELETED>
<DELETED> (B) The disposal of sand or gravel
described in subparagraph (A) at an off-site
landfi