[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