[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