[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4457 Introduced in Senate (IS)]
<DOC>
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
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Southern Nevada
Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--TRIBAL EMPOWERMENT AND ECONOMIC DEVELOPMENT
Sec. 101. Transfer of land to be held in trust for the Moapa Band of
Paiutes.
Sec. 102. Tribal fee land to be held in trust.
Sec. 103. Transfer of land to be held in trust for the Las Vegas Paiute
Tribe.
TITLE II--CLARK COUNTY, NEVADA
Sec. 201. Definition of public park under the Red Rock Canyon National
Conservation Area Protection and
Enhancement Act of 2002.
Sec. 202. Red Rock Canyon National Conservation Area boundary
adjustment.
Sec. 203. Land disposal and public purpose conveyances.
Sec. 204. Revocation of Ivanpah Area of Critical Environmental Concern
and establishment of special management
areas.
Sec. 205. Relationship to the Clark County Multiple Species Habitat
Conservation Plan.
Sec. 206. Designation of Maude Frazier Mountain.
Sec. 207. Availability of special account.
Sec. 208. Nevada Cancer Institute land conveyance.
Sec. 209. Sloan Canyon National Conservation Area boundary adjustment.
Sec. 210. Sloan Job Creation Zone.
Sec. 211. Amendments to the Apex Project, Nevada Land Transfer and
Authorization Act of 1989.
TITLE III--WILDERNESS
Sec. 301. Additions to the National Wilderness Preservation System.
TITLE IV--LOCAL GOVERNMENT CONVEYANCES IN THE STATE OF NEVADA FOR
PUBLIC PURPOSES
Sec. 401. City of Boulder City, Nevada, conveyance.
Sec. 402. City of Mesquite, Nevada, conveyance for the protection of
the Virgin River watershed.
Sec. 403. Clark County, Nevada, conveyance to support public safety and
wildfire response.
Sec. 404. Moapa Valley Water District, Nevada, conveyance to support
access to rural water supply.
Sec. 405. City of North Las Vegas, Nevada, conveyance for fire training
facility.
Sec. 406. Clark County, Nevada, conveyance to support public
recreation.
Sec. 407. Conveyance of Desert Breeze Water Resources Center in Clark
County, Nevada.
Sec. 408. Clark County Water Reclamation District conveyance for
wastewater treatment facility.
Sec. 409. Water infrastructure conveyances for public purposes.
Sec. 410. Henderson, Nevada, conveyance to support public recreation.
Sec. 411. Flood control infrastructure conveyances for public purposes.
Sec. 412. Las Vegas, Nevada, conveyance to support public recreation.
Sec. 413. North Las Vegas, Nevada, conveyance to support public
recreation.
Sec. 414. Mesquite, Nevada, conveyance to support public
infrastructure.
TITLE V--IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED PLAN
Sec. 501. Implementation of Lower Virgin River watershed plan.
TITLE VI--SOUTHERN NEVADA LIMITED TRANSITION AREA
Sec. 601. Southern Nevada Limited Transition Area.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Off-highway vehicle recreation areas.
Sec. 702. Lower Las Vegas Wash weirs.
Sec. 703. Critical flood control facilities.
Sec. 704. Jurisdiction over fish and wildlife.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Clark County,
Nevada.
(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--
(A) the Nevada Department of Transportation;
(B) the County; or
(C) any of the following cities in the State:
(i) Las Vegas.
(ii) North Las Vegas.
(iii) Henderson.
(iv) Boulder City.
(v) Mesquite.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(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).
TITLE I--TRIBAL EMPOWERMENT AND ECONOMIC DEVELOPMENT
SEC. 101. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA BAND OF
PAIUTES.
(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.
(b) Transfer of Land.--
(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--
(A) held in trust by the United States for the
benefit of the Tribe; and
(B) part of the reservation of the Tribe.
(2) Certain transmission facilities.--
(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.
(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--
(i) made for the benefit of the Tribe; and
(ii) transferred from the Secretary to the
Tribe in a timely manner.
(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.
(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).
(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)).
(f) Water Rights.--
(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).
(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).
SEC. 102. TRIBAL FEE LAND TO BE HELD IN TRUST.
(a) In General.--All right, title, and interest of the Tribe in and
to the land described in subsection (b) shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(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.
(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).
SEC. 103. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE LAS VEGAS PAIUTE
TRIBE.
(a) Definition of Tribe.--In this section, the term ``Tribe'' means
the Las Vegas Paiute Tribe.
(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--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(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.
(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).
(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.
(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)).
(g) Water Rights.--
(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).
(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).
(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.
(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).
TITLE II--CLARK COUNTY, NEVADA
SEC. 201. DEFINITION OF PUBLIC PARK UNDER THE RED ROCK CANYON NATIONAL
CONSERVATION AREA PROTECTION AND ENHANCEMENT ACT OF 2002.
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--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Associated supportive use.--The term `associated
supportive use' means a use that supports the overall function
and enjoyment of a public park.''; and
(3) by inserting after paragraph (2) (as so redesignated)
the following:
``(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.''.
SEC. 202. RED ROCK CANYON NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.
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:
``(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.''.
SEC. 203. LAND DISPOSAL AND PUBLIC PURPOSE CONVEYANCES.
(a) Land Disposal.--
(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.''.
(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.
(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:
(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.
(B) The disposal of sand or gravel described in
subparagraph (A) at an off-site landfill.
(b) Affordable Housing Prioritization.--Section 7(b) of the
Southern Nevada Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2349) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(2) by adding the following:
``(2) Review prioritization.--If a local governmental
entity submits an application to use land for affordable
housing purposes under this subsection, the Secretary shall
prioritize review of the application over other pending land
disposal applications under this Act.
``(3) Deadline.--The Secretary (and the Secretary of
Housing and Urban Development, if applicable) shall complete
all necessary reviews of an application submitted under this
subsection not later than 180 days after the date of submission
of the application, consistent with any applicable laws.''.
(c) Use of Public-Private Partnerships by Units of Local Government
for Affordable Housing.--
(1) Definitions.--In this subsection:
(A) Affordable housing.--The term ``affordable
housing'' means housing that serves individuals and
families with a household income that does not exceed
120 percent of the area median income, including--
(i) in the case of homes for sale, homes
that retain affordability for future buyers
through the use of perpetual resale or deed
restrictions; and
(ii) a manufactured home community if the
manufactured home community is managed by--
(I) a nonprofit organization; or
(II) a resident-owned cooperative.
(B) Covered land.--The term ``covered land'' means
any parcel of Federal land in the County that is
acquired or conveyed by a unit of local government
before, on, or after the date of enactment of this Act
for public purposes.
(2) Use of covered land.--
(A) In general.--Any covered land may be developed,
financed, used, and maintained for public purposes,
including affordable housing, by any entity operating
in the County that has entered into a contract with the
applicable unit of local government providing for the
use of the covered land by the entity.
(B) Exemption from notice of realty action
requirement.--If an entity seeks to use covered land
for affordable housing purposes under subparagraph (A),
the entity--
(i) shall not be required to comply with
notice of realty action requirements with
respect to the covered land; but
(ii) before using the covered land for
affordable housing purposes, shall provide, for
a period of not less than 14 days, adequate
public notice of the use of the covered land.
(3) Acquisition of covered land for affordable housing
purposes.--On submission of an application to the Secre