II
112th CONGRESS
2d Session
S. 3346
IN THE SENATE OF THE UNITED STATES
June 27, 2012
Mr. Reid (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for certain land conveyances in the State of Nevada, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Las Vegas Valley Public Land
and Tule Springs Fossil Beds National Monument Act of
2012
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Tule Springs Fossil Beds National Monument.
Sec. 3. Transfer of land to Red Rock Canyon National Conservation Area.
Sec. 4. Conveyance of Bureau of Land Management land to North Las Vegas.
Sec. 5. Conveyance of Bureau of Land Management land to Las Vegas.
Sec. 6. Expansion of conveyance to Las Vegas Metropolitan Police Department.
Sec. 7. Spring Mountains National Recreation Area withdrawal.
Sec. 8. Southern Nevada Public Land Management Act of 1998 amendments.
Sec. 9. Conveyance of land to the Nevada System of Higher Education.
Sec. 10. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 11. Sunrise Mountain Instant Study Area release.
Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation Area.
Tule Springs Fossil Beds National Monument
Findings
Congress finds that—
since 1933, the Upper Las Vegas Wash has been valued by scientists because of the significant paleontological fossils demonstrative of the Pleistocene Ice Age that are located in the area;
in 2004, during the preparation of the Las Vegas Valley Disposal Boundary Final Environmental Impact Statement, the Bureau of Land Management identified sensitive biological, cultural, and paleontological resources determined to be worthy of more evaluation with respect to the protective status of the resources;
the Upper Las Vegas Wash contains thousands of Pleistocene mammal fossils of national importance, including Columbian mammoth, ground sloth, American lion, camels, and horse fossils;
in addition to Joshua trees and several species of cacti, the Las Vegas buckwheat, Merriam’s bearpoppy, Las Vegas bearpoppy, and the halfring milkvetch are 4 unique and imperiled plants that are supported in the harsh desert environment of Tule Springs;
the area provides important habitat for threatened desert tortoise, endemic poppy bees, kit foxes, burrowing owls, phainopepla, and a variety of reptiles;
in 2010, a National Park Service reconnaissance survey of the area determined that the area likely contains the longest continuous section of Pleistocene strata in the desert southwest, which span multiple important global climate cooling and warming episodes;
the Upper Las Vegas Wash is significant to the culture and history of the native and indigenous people of the area, including the Southern Paiute Tribe;
despite the findings of the studies and recommendations for further assessment of the resources for appropriate methods of protection—
the area remains inadequately protected; and
many irreplaceable fossil specimens in the area have been lost to vandalism or theft; and
designation of the Upper Las Vegas Wash site as a National Monument would protect the unique fossil resources of the area for present and future generations while allowing for public education and continued scientific research opportunities.
Definitions
In this section:
Council
The term Council means the Tule Springs Fossil Beds National Monument Advisory Council established by subsection (f)(1).
County
The term County means Clark County, Nevada.
Local government
The term local government means the City of Las Vegas, City of North Las Vegas, or the County.
Management plan
The term management plan means the management plan for the Monument developed under subsection (d)(3).
Map
The
term Map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
Monument
The term Monument means the Tule Springs Fossil Beds National Monument established by subsection (c)(1).
Public land
The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
Qualified electric utility
The term qualified electric utility means any public or private utility determined by the Secretary to be technically and financially capable of developing the transmission line.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Nevada.
Establishment
In general
In order to conserve, protect, interpret, and enhance for the benefit of present and future generations the unique and nationally important paleontological, scientific, educational, and recreational resources and values of the land described in this subsection, there is established in the State the Tule Springs Fossil Beds National Monument.
Boundaries
The Monument shall consist of approximately 22,650 acres of public land in the County within the boundaries generally depicted on the Map.
Map; legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare an official map and legal description of the boundaries of the Monument.
Legal effect
The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the legal description or the map.
Availability of map and legal description
The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service.
Minor boundary adjustments
The Secretary may make minor boundary adjustments to the Monument to include additional public land adjacent to the Monument, if, after the date of enactment of this Act—
additional paleontological resources are discovered on the adjacent public land; and
a Federal agency, State agency, and local government requests that the adjacent public land be included in the Monument to promote the consistent management of resources.
Acquisition of land
In general
Subject to subparagraph (B), the Secretary may acquire land or interests in land within or adjacent to the boundaries of the Monument by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency.
Limitation
Land or interests in land that are owned by the State or a political subdivision of the State may be acquired under subparagraph (A) only by donation or exchange.
Withdrawals
Subject to valid existing rights and subsection (e), any land within the Monument or any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
Effect on overflights
Nothing in this Act or the management plan developed for the Monument restricts or precludes—
overflights (including low-level military and law enforcement overflights) over land in the Monument, including military, law enforcement, commercial, and general aviation overflights that can be seen or heard in the Monument; or
the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Monument.
Administration
Transfer of administrative jurisdiction
Administrative jurisdiction over the approximately 22,650 acres of public land depicted on the Map as Tule Springs Fossil Bed National Monument is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service.
Management
The Secretary shall—
allow only such uses of the Monument that—
are consistent with this section; and
the Secretary determines would further the purposes of the Monument; and
manage the Monument—
in a manner that conserves, protects, interprets, and enhances the resources and values of the Monument; and
in accordance with—
this section;
the provisions of laws generally applicable to units of the National Park System (including the National Park Service Organic Act (16 U.S.C. 1 et seq.)); and
any other applicable laws.
Buffer zones
The establishment of the Monument shall not—
lead to the creation of express or implied protective perimeters or buffer zones around or over the Monument;
preclude disposal of public land adjacent to the boundaries of the Monument, if the disposal is consistent with other applicable law;
preclude an activity on, or use of, private land adjacent to the boundaries of the Monument, if the activity or use is consistent with other applicable law; or
directly or indirectly subject an activity on, or use of, private land, to additional regulation, if the activity or use is consistent with other applicable law.
Air and water quality
Nothing in this Act alters the standards governing air or water quality outside the boundary of the Monument.
Management plan
In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan that provides for the long-term protection and management of the Monument.
Components
The management plan—
shall, consistent with this section and the purposes of the Monument—
describe the resources at the Monument that are to be protected;
describe the appropriate uses and management of the Monument;
allow for continued scientific research at the Monument; and
include a travel management plan that may include existing public transit; and
may—
incorporate any appropriate decisions contained in an existing management or activity plan for the land designated as the Monument under subsection (c)(1); and
use information developed in any study of land within, or adjacent to, the boundary of the Monument that was conducted before the date of enactment of this Act.
Public process
In preparing the management plan, the Secretary shall—
consult with, and take into account the comments and recommendations of, the Council;
provide an opportunity for public involvement in the preparation and review of the management plan, including holding public meetings; and
consider public comments received as part of the public review and comment process of the management plan.
Interpretation, education, and scientific research
In general
The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources.
Cooperative agreements
The Secretary may enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and appropriate public and private entities to carry out subparagraph (A).
Renewable energy transmission facilities
In general
On receipt of a complete application from a qualified
electric utility, the Secretary, in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the qualified
electric utility a 400-foot right-of-way for the construction and maintenance
of high-voltage transmission facilities depicted on the Map as Renewable
Energy Transmission Corridor
.
Requirements
In general
The high-voltage transmission facilities shall—
be used—
primarily, to the maximum extent practicable, for renewable energy resources; and
to meet reliability standards set by the North American Reliability Electric Corporation, the Western Electricity Coordinating Council, or the public utilities regulator of the State; and
employ best management practices identified as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to limit impacts on the Monument, including impacts to the viewshed.
Capacity
The Secretary shall consult with the qualified electric utility that is issued the right-of-way under paragraph (1) and the public utilities regulator of the State to seek to maximize the capacity of the high-voltage transmission facilities.
Terms and conditions
The issuance of a notice to proceed on the construction of the high-voltage transmission facilities within the right-of-way under paragraph (1) shall be subject to terms and conditions that the Secretary (in consultation with the qualified electric utility), as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), determines appropriate to protect and conserve the resources for which the Monument is managed.
Expiration of right-of-way
The right-of-way issued under paragraph (1) shall expire on the date that is 15 years after the date of enactment of this Act if construction of the high-voltage transmission facilities described in paragraph (1) has not been initiated by that date, unless the Secretary determines that it is in the public interest to continue the right-of-way.
Tule Springs Fossil Beds National Monument Advisory Council
Establishment
To provide guidance for the management of the Monument, there is established the Tule Springs Fossil Beds National Monument Advisory Council.
Membership
Composition
The Council shall consist of 13 members, to be appointed by the Secretary, of whom—
1 member shall be a member of, or be nominated by, the County Commission;
1 member shall be a member of, or be nominated by, the city council of Las Vegas, Nevada;
1 member shall be a member of, or be nominated by, the city council of North Las Vegas, Nevada;
1 member shall be a member of, or be nominated by, the tribal council of the Las Vegas Paiute Tribe;
1 member shall be a representative of the conservation community in southern Nevada;
1 member shall be a representative of, or be nominated by, the Director of the Bureau of Land Management;
1 member shall be a representative of, or be nominated by, the Director of the United States Fish and Wildlife Service;
1 member shall be a representative of, or be nominated by, the Director of the National Park Service;
1 member shall be a representative of Nellis Air Force Base;
1 member shall be nominated by the State;
1 member shall reside in the County and have a background that reflects the purposes for which the Monument was established; and
2 members shall reside in the County, both of whom shall have experience in the field of paleontology, obtained through higher education, experience, or both.
Initial appointment
Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Council in accordance with subparagraph (A).
Duties of the council
The Council shall advise the Secretary with respect to—
the preparation and implementation of the management plan; and
other issues related to the management of the Monument (including budgetary matters).
Compensation
Members of the Council shall receive no compensation for serving on the Council.
Chairperson
In general
Subject to subparagraph (B), the Council shall elect a Chairperson from among the members of the Council.
Limitation
The Chairperson shall not be a member of a Federal or State agency.
Term
The term of the Chairperson shall be 3 years.
Term of members
In general
The term of a member of the Council shall be 3 years.
Successors
Notwithstanding the expiration of a 3-year term of a member of the Council, a member may continue to serve on the Council until—
the member is reappointed by the Secretary; or
a successor is appointed.
Vacancies
In general
A vacancy on the Council shall be filled in the same manner in which the original appointment was made.
Appointment for remainder of term
A member appointed to fill a vacancy on the Council—
shall serve for the remainder of the term for which the predecessor was appointed; and
may be nominated for a subsequent term.
Termination
Unless an extension is jointly recommended by the Director of the National Park Service and the Director of the Bureau of Land Management, the Council shall terminate on the date that is 6 years after the date of enactment of this Act.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Transfer of land to Red Rock Canyon National Conservation Area
Definitions
In this section:
Conservation Area
The term Conservation Area means the Red Rock Canyon National Conservation Area established by the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.).
Map
The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.
Transfer of land to conservation area
In general
As soon as practicable after the date of enactment of this Act, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall add to, and administer as part of, the Conservation Area, in accordance with the laws (including regulations) applicable to the Conservation Area, the land described in paragraph (2).
Description of Land
The land referred to in paragraph (1) consists of
approximately 1,530 acres of land managed by the Bureau of Land Management
described on the map as Additions to Red Rock NCA
.
Management plan
Not later than 2 years after the date on which the land is acquired, the Secretary shall update the management plan for the Conservation Area to reflect the management requirements of the acquired land.
Map and Legal Description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section.
Minor errors
The Secretary may correct any minor error in—
the map; or
the legal description.
Availability
The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Conveyance of Bureau of Land Management land to North Las Vegas
Definitions
In this section:
Map
The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
North Las Vegas
The term North Las Vegas means the city of North Las Vegas, Nevada.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.
Conveyance
As soon as practicable after the date of enactment of this Act, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to North Las Vegas, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c).
Description of Land
The land referred to in subsection (b) consists of land
managed by the Bureau of Land Management described on the map as the
North Las Vegas Job Creation Zone
.
Map and Legal Description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section.
Minor errors
The Secretary may correct any minor error in—
the map; or
the legal description.
Availability
The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Use of land for nonresidential development
In general
North Las Vegas may sell, lease, or otherwise convey any portion of the land described in subsection (c) for nonresidential development.
Method of sale
The sale, lease, or conveyance of land under paragraph (1) shall be carried out—
through a competitive bidding process; and
for not less than fair market value.
Disposition of proceeds
The gross proceeds from the sale, lease, or conveyance of land under paragraph (1) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045).
Use of land for recreation or other public purposes
In general
North Las Vegas may retain a portion of the land
described in subsection (c) for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act
) (43 U.S.C. 869 et seq.) by
providing written notice of the election to the Secretary.
Revocation
If North Las Vegas retains land for public recreation or other public purposes under paragraph (1), North Las Vegas may—
revoke that election; and
sell, lease, or convey the land in accordance with subsection (e).
Administrative costs
The Secretary shall require North Las Vegas to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (c).
Reversion
In general
If any parcel of land described in subsection (c) is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under subparagraph (f) by the date that is 30 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States.
Inconsistent use
If North Las Vegas uses any parcel of land described in subsection (c) in a manner that is inconsistent with this section—
at the discretion of the Secretary, the parcel shall revert to the United States; or
if the Secretary does not make an election under subparagraph (A), North Las Vegas shall sell the parcel of land in accordance with this section.
Conveyance of Bureau of Land Management land to Las Vegas
Definitions
In this section:
Las Vegas
The term Las Vegas means the city of Las Vegas, Nevada.
Map
The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.
In general
As soon as practicable after the date of enactment of this Act, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to Las Vegas, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c).
Description of Land
The land referred to in subsection (b) consists of land
managed by the Bureau of Land Management described on the map as Las
Vegas Job Creation Zone
.
Map and Legal Description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section.
Minor errors
The Secretary may correct any minor error in—
the map; or
the legal description.
Availability
The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Use of land
In general
Las Vegas may sell, lease, or otherwise convey any portion of the land described in subsection (c) for nonresidential development.
Method of sale
The sale, lease, or conveyance of land under paragraph (1) shall be carried out, after consultation with the Las Vegas Paiute Tribe—
through a competitive bidding process; and
for not less than fair market value.
Disposition of proceeds
The gross proceeds from the sale, lease, or conveyance of land under paragraph (1) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2345; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045).
Use of land for recreation or other public purposes
In general
Las Vegas may retain a portion of the land described in
subsection (c) for public recreation or other public purposes consistent with
the Act of June 14, 1926 (commonly known as the Recreation and Public
Purposes Act
) (43 U.S.C. 869 et seq.) by providing written notice of
the election to the Secretary.
Revocation
If Las Vegas retains land for public recreation or other public purposes under paragraph (1), Las Vegas may—
revoke that election; and
sell, lease, or convey the land in accordance with subsection (e).
Administrative costs
The Secretary shall require Las Vegas to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (c).
Reversion
In general
If any parcel of land described in subsection (c) is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under subsection (f) by the date that is 30 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States.
Inconsistent use
If Las Vegas uses any parcel of land described in subsection (c) in a manner that is inconsistent with this section—
at the discretion of the Secretary, the parcel shall revert to the United States; or
if the Secretary does not make an election under subparagraph (A), Las Vegas shall sell the parcel of land in accordance with this section.
Expansion of conveyance to Las Vegas Metropolitan Police Department
Section 703 of the Clark County Conservation
of Public Land and Natural Resources Act of 2002 (Public Law 107–282; 116 Stat.
2013) is amended by inserting before the period at the end the following:
and the parcel of land identified as
.Conveyance to Las Vegas for
Police Shooting Range Access
on the map entitled North Las Vegas
Valley Overview
, and dated June 26, 2012, for the development of an
access road and parking facilities
Spring Mountains National Recreation Area withdrawal
Section 8 of the Spring Mountains National Recreation Area Act (16 U.S.C. 460hhh–6) is amended—
in subsection (a), by striking for
lands described
and inserting as provided
; and
by striking subsection (b) and inserting the following:
Exceptions
In general
Notwithstanding subsection (a), W1/2E1/2 and W1/2, sec. 27, T23S, R58E, Mt. Diablo Meridian is not subject to withdrawal under that subsection.
Effect of entry under public land laws
Notwithstanding paragraph (1) of subsection (a), the following are not subject to withdrawal under that paragraph:
Any Federal land in the Recreation Area that qualifies for conveyance under Public Law 97–465 (commonly known as the “Small Tracts Act”) (16 U.S.C. 521c et seq.), which, notwithstanding section 7 of that Act (16 U.S.C. 521i), may be conveyed under that Act.
Any Federal land in the Recreation Area that the Secretary determines to be appropriate for conveyance by exchange for non-Federal land within the Recreation Area under authorities generally providing for the exchange of National Forest System land.
.
Southern Nevada Public Land Management Act of 1998 amendments
Section 4 of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2344; 116 Stat. 2007) is amended—
in the first sentence of subsection (a), by
striking dated October 1, 2002
and inserting dated June
26, 2012
; and
in subsection (g), by adding at the end the following:
Notwithstanding
paragraph (4), subject to paragraphs (1) through (3), Clark County may convey
to a unit of local government or regional governmental entity, without
consideration, land located within the Airport Environs Overlay District (as of
the date of enactment of this paragraph) if the land is used for a public
purpose consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act
) (43 U.S.C. 869
et seq.), provided that if the conveyed land is used for a purpose other than a
public purpose, paragraph (4) would apply to the
conveyance.
.
Conveyance of land to the Nevada System of Higher Education
Definitions
In this section:
Board of regents
The term Board of Regents means the Board of Regents of the Nevada System of Higher Education.
Campuses
The term Campuses means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses.
Federal land
The term Federal land means each of the 3
parcels of Bureau of Land Management land identified on the maps as
Parcel to be Conveyed
, of which—
approximately 40 acres is to be conveyed for the College of Southern Nevada;
approximately 2,085 acres is to be conveyed for the University of Nevada, Las Vegas; and
approximately 285 acres is to be conveyed for the Great Basin College.
Secretary
The term Secretary means the Secretary of the Interior.
State
The
term State
means the State of Nevada.
System
The term System means the Nevada System of Higher Education.
Conveyances of Federal land to the System
Conveyances
In general
Notwithstanding
section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) and section 1(c) of the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act
) (43 U.S.C. 869(c)) and
subject to all valid existing rights, the Secretary shall—
not later than 180 days after the date of enactment of this Act, convey to the System, without consideration, all right, title, and interest of the United States in and to—
the Federal land
identified on the map entitled Great Basin College Land
Conveyance
and dated June 26, 2012, for the Great Basin College;
and
the Federal land
identified on the map entitled College of Southern Nevada Land
Conveyance
and dated June 26, 2012, for the College of Southern Nevada,
subject to the requirement that, as a precondition of the conveyance, the Board
of Regents shall, by mutual assent, enter into a binding development agreement
with the City of Las Vegas that—
provides for the orderly development of the Federal land to be conveyed under this subclause; and
complies with State law; and
not later than
180 days after the receipt of certification of acceptable remediation of
environmental conditions existing on the parcel to be conveyed for the
University of Nevada, Las Vegas, convey to the System, without consideration,
all right, title, and interest of the United States in and to the Federal land
identified on the map entitled North Las Vegas Valley Overview
and dated June 26, 2012 for the University of Nevada, Las Vegas, if the area
identified as Potential Utility Schedule
on the map is reserved
for use for a potential future 400-foot utility corridor of certain
rights-of-way for transportation and public utilities.
Phases
The Secretary may phase the conveyance of the Federal land under subparagraph (A)(ii) as remediation is completed.
Conditions
In general
As a condition of the conveyance under paragraph (1)(A), the Board of Regents shall agree in writing—
to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies;
to use the Federal land conveyed for educational and recreational purposes;
to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; and
to assist the Bureau of Land Management in providing information to the students of the System and the citizens of the State on—
public land (including the management of public land) in the Nation; and
the role of the Bureau of Land Management in managing, preserving, and protecting the public land in the State.
Agreement with Nellis Air Force Base
In general
The Federal land conveyed to the System under paragraph
(1)(A)(ii) shall be used in accordance with the agreement entitled the
Cooperative Interlocal Agreement between the Board of Regents of the
Nevada System of Higher Education, on Behalf of the University of Nevada, Las
Vegas, and the 99th Air Base Wing, Nellis Air Force Base, Nevada
and
dated June 19, 2009.
Modifications
Any modifications to the agreement described in clause (i) or any related master plan shall require the mutual assent of the parties to the agreement.
Limitation
In no case shall the use of the Federal land conveyed under paragraph (1)(A)(ii) compromise the national security mission or aviation rights of Nellis Air Force Base.
Use of Federal land
In general
The System may use the Federal land conveyed under paragraph (1)(A) for—
any purpose relating to the establishment, operation, growth, and maintenance of the System; and
any uses relating to the purposes, including residential and commercial development that would generally be associated with an institution of higher education.
Other entities
The System may—
consistent with Federal and State law, lease, or otherwise provide property or space at, the Campuses, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the System or to any community located in southern Nevada;
allow any other communities in southern Nevada to use facilities of the Campuses for educational and recreational programs of the community; and
in conjunction with the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County plan, finance (including through the provision of cost-share assistance), construct, and operate facilities for the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County on the Federal land conveyed for educational or recreational purposes consistent with this subsection.
Reversion
In general
If the Federal land or any portion of the Federal land conveyed under paragraph (1)(A) ceases to be used for the System, the Federal land, or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States.
University of Nevada, Las Vegas
If the System fails to complete the first building or show progression toward development of the University of Nevada, Las Vegas campus on the applicable parcels of Federal land by the date that is 50 years after the date of receipt of certification of acceptable remediation of environmental conditions, the parcels of the Federal land described in subsection (a)(3)(B) shall, at the discretion of the Secretary, revert to the United States.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Land conveyance for Southern Nevada Supplemental Airport
Definitions
In this section:
County
The term County means Clark County, Nevada.
Map
The
term Map means the map entitled Land Conveyance for
Southern Nevada Supplemental Airport
and dated June 26, 2012.
Secretary
The term Secretary means the Secretary of the Interior.
Land conveyance
In general
As soon as practicable after the date described in paragraph (2), subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (c).
Date on which conveyance may be made
The Secretary shall not make the conveyance described in paragraph (1) until the later of the date on which the Administrator of the Federal Aviation Administration has—
approved an airport layout plan for an airport to be located in the Ivanpah Valley; and
with respect to the construction and operation of an airport on the site conveyed to the County pursuant to section 2(a) of the Ivanpah Valley Airport Public Lands Transfer Act (Public Law 106–362; 114 Stat. 1404), issued a record of decision after the preparation of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Withdrawal
Subject to valid existing rights, the public land to be conveyed under paragraph (1) is withdrawn from—
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Use
The public land conveyed under paragraph (1) shall be used for the development of flood mitigation infrastructure for the Southern Nevada Supplemental Airport.
Description of land
The land referred to in subsection (b) consists of the
approximately 2,320 acres of land managed by the Bureau of Land Management and
described on the map as the Conveyance Area
.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare an official legal description and map of the parcel to be conveyed under this section.
Minor errors
The Secretary may correct any minor error in—
the map; or
the legal description.
Availability
The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Sunrise Mountain Instant Study Area release
Finding
Congress finds that for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in Clark County, Nevada, administered by the Bureau of Land Management in the Sunrise Mountain Instant Study Area has been adequately studied for wilderness designation.
Release
Any public land described in subsection (a) that is not designated as wilderness—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).
Post release land use approvals
Recognizing that the area released under subsection (b) presents unique opportunities for the granting of additional rights-of-way, including for high voltage transmission facilities, the Secretary of the Interior may accommodate multiple applicants within a particular right-of-way.
Nellis Dunes Off-Highway Vehicle Recreation Area
Definitions
In this section:
City
The term City means the city of North Las Vegas, Nevada.
County
The term County means Clark County, Nevada.
Economic support area
The term Economic Support Area means
the land identified on the map as the Economic Support
Area
.
Federal land
The term Federal land means the approximately 1,211 acres of Federal land in the County, as depicted on the map.
Map
The
term map means the map entitled Nellis Dunes Off-Highway
Vehicle Recreation Area
and dated June 26, 2012.
Nellis Dunes Recreation Area
The term Nellis Dunes Recreation
Area means the Nellis Dunes Off-Highway Vehicle Recreation Area
identified on the map as Nellis Dunes OHV Recreation
Area
.
Net proceeds
The term net proceeds means the amount that is equal to the difference between—
the amount of gross revenues received by the County from any activities at the Economic Support Area; and
the total amount expended by the County for capital improvements to each of the Economic Support Area and the Nellis Dunes Recreation Area, provided that the capital improvements shall not exceed 80 percent of the total gross proceeds.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Nevada.
Conveyance of Federal Land to Clark County, Nevada
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights, without consideration, all right, title, and interest of the United States in and to the parcels of Federal land.
Use of Federal land
In general
The parcels of Federal land conveyed under paragraph (1)—
shall be used by the County—
to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County;
to provide the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and County park; and
to provide a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, State government, or County government as containing environmentally sensitive land; and
shall not be disposed of by the County.
Reversion
If the County ceases to use any parcel of the Federal land for the purposes described in subparagraph (A)(i) or subparagraph (C)—
title to the parcel shall revert to the United States, at the option of the United States; and
the County shall be responsible for any reclamation necessary to revert the parcel to the United States.
Renewable and solar energy
The Federal land conveyed to the County under paragraph (1) and the land conveyed to the County under section 1(c) of Public Law 107–350 (116 Stat. 2975) may be used for the incidental purpose of generating renewable energy and solar energy for use by the Clark County Off Highway Vehicle Recreation Park, the shooting park authorized under Public Law 107–350 (116 Stat. 2975), and the County.
Consultation with the secretary of the air force
Restriction
Any project authorized under subparagraph (C) shall not interfere with the national security mission of Nellis Air Force Base (or any military operation).
Condition
Before the construction of any proposed project under subparagraph (C), the project proponent shall consult with the Secretary of Defense (or a designee).
Future conveyances
Any future conveyance of Federal land for addition to the Clark County Off Highway Vehicle Park or the Nellis Dunes Recreation Area shall be subject to—
the binding interlocal agreement under paragraph (3)(B); and
the aviation easement requirements under paragraph (6).
Management plan
The Secretary, in consultation with the Secretary of the Air Force and the County, may develop a special management plan for the Federal land—
to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation Area;
to ensure compatible development with the mission requirements of the Nellis Air Force Base; and
to avoid and mitigate known public health risks associated with off-highway vehicle use in the Nellis Dunes Recreation Area.
Economic Support Area
Designation
There is designated the Economic Support Area.
Interlocal agreement
In general
Before the Economic Support Area may be developed, the City and County shall enter into an interlocal agreement regarding the development of the Economic Support Area.
Limitation of agreement
In no case shall the interlocal agreement under this subparagraph compromise or interfere with the aviation rights provided under paragraph (6) and subsection (c)(4).
Use of proceeds
Of the net proceeds from the development of the Economic Support Area, the County shall—
annually deposit 50 percent in a special account in the Treasury, to be used by the Secretary for the development, maintenance, operations, and environmental restoration and mitigation of the Nellis Dunes Recreation Area; and
retain 50 percent, to be used by the County—
to pay for capital improvements that are not covered by subsection (a)(7)(B); and
to maintain and operate the park established under paragraph (2)(A)(i)(I).
Agreement with Nellis Air Force Base
In general
Before the Federal land may be conveyed to the County under paragraph (1), the Clark County Board of Commissioners, the Bureau of Land Management, and Nellis Air Force Base shall enter into an interlocal agreement for the Federal land and the Nellis Dunes Recreation Area—
to enhance safe off-highway recreation use; and
to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base.
Limitation
The use of the Federal land conveyed under paragraph (1) shall not compromise the national security mission or aviation rights of Nellis Air Force Base.
Additional terms and conditions
With respect to the conveyance of Federal land under paragraph (1), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
Aviation easement
In general
Each deed entered into for the conveyance of the Federal land shall contain a perpetual aviation easement reserving to the United States all rights necessary to preserve free and unobstructed overflight in and through the airspace above, over, and across the surface of the Federal land for the passage of aircraft owned or operated by any Federal agency or other Federal entity.
Requirements
Each easement described in subparagraph (A) shall include such terms and conditions as the Secretary of the Air Force determines to be necessary to comply with subparagraph (A).
Designation of the Nellis Dunes National Off-Highway Vehicle Recreation Area
In general
The approximately 10,000 acres of land identified as
Nellis Dunes
in the Bureau of Land Management Resource
Management Plan shall be known and designated as the Nellis Dunes
Off-Highway Vehicle Recreation Area
.
Management plan
The Director of the Bureau of Land Management may develop a special management plan for the Nellis Dunes Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes.
Exclusion from National Landscape Conservation System
The Nellis Dunes Recreation Area shall not be considered a unit of the National Landscape Conservation System.
Aviation rights
The aviation rights described in subsection (b)(6) shall apply to the Nellis Dunes Recreation Area.
Withdrawal and Reservation of land for Nellis Air Force Base
Withdrawal
Subject to valid existing rights and except as otherwise provided in this subsection—
the Federal land
and interests in the Federal land identified on the map as Land to be
withdrawn for Nellis Air Force Base
are withdrawn from all forms of
appropriation under the general land laws, including the mining, mineral
leasing, and geothermal leasing laws; and
jurisdiction over the land and interest in land withdrawn and reserved by this subsection is transferred to the Secretary of the Air Force.
Reservation
The land withdrawn under paragraph (1) is reserved for use by the Secretary of the Air Force for—
the enlargement and protection of Nellis Air Force Base; or
other defense-related purposes consistent with the purposes of this subsection.
Changes in use
The Secretary of the Air Force shall consult with the Secretary before using the land withdrawn and reserved by this subsection for any purpose other than the purposes described in subsection (b)(2).
Easement
The United States reserves—
a right of flight for the passage of aircraft in the airspace above the surface of the Federal land conveyed to the County; and
the right to cause in the airspace any noise, vibration, smoke, or other effects that may be inherent in the operation of aircraft landing at, or taking off from, Nellis Air Force Base.
