I
113th CONGRESS
1st Session
H. R. 2015
IN THE HOUSE OF REPRESENTATIVES
May 16, 2013
Mr. Horsford (for himself, Mr. Amodei, Mr. Heck of Nevada, and Ms. Titus) introduced the following bill; which was referred to the Committee on 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 2013
.
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. Addition 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.
Sec. 13. Conveyance of land for Nellis Air Force Base.
Sec. 14. Military overflights.
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 resources demonstrative of the Pleistocene Epoch 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 paleontological resources from the Pleistocene Epoch that are preserved in a unique geological context that are 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, and the Las Vegas bearpoppy are 3 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, LeConte’s thrasher, phainopepla, and a variety of reptiles;
in studies of the area conducted during the last decade, the Bureau of Land Management and National Park Service 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 and the geological context of those resources 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 (g)(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)(5).
Map
The
term Map
means the map entitled North Las Vegas Valley
Overview
and dated April 30, 2013.
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
).
Public water agency
The term public water agency
means a
regional wholesale water provider that is engaged in the acquisition of water
on behalf of, or the delivery of water to, water purveyors who are member
agencies of the public water agency.
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, subject to valid existing rights, 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.
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 subsections (e) and (f), 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.
Relationship to clark county multi-species habitat conservation plan
Amendment to plan
The Secretary shall credit, on an acre-for-acre basis, approximately 22,650 acres of the land conserved for the Monument under this Act toward the development of additional non-Federal land within the County through an amendment to the Clark County Multi-Species Habitat Conservation Plan.
Effect on plan
Nothing in this Act otherwise limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan.
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 Bureau of
Land Management to the National Park Service.
Management
The Secretary shall—
allow only such uses of the Monument that—
are consistent with this section;
the Secretary determines would further the purposes of the Monument; and
are consistent with existing rights of previously authorized water facility and high voltage transmission facility rights-of-way and any rights-of-way issued under this Act, including the operation, maintenance, replacement, and repair and repair of the facility; 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 or development of public land adjacent to the boundaries of the Monument, if the disposal or development 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;
consider public comments received as part of the public review and comment process of the management plan; and
consult with governmental and nongovernmental stakeholders involved in establishing and improving the regional trail system to incorporate, where appropriate, trails in the Monument that link to the regional trail system.
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
if the high-voltage transmission
facilities do not conflict with other previously authorized rights-of-way
within the 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 Electric Reliability 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.
Water conveyance facilities
Water conveyance facilities corridor
In general
On receipt of 1 or more complete applications from a
public water agency and except as provided in subparagraph (B), the Secretary,
in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), shall issue to the public water agency a 100-foot right-of-way
for the construction, maintenance, repair, and replacement of a buried water
conveyance pipeline and associated facilities within the Water
Conveyance Facilities Corridor
and the Renewable Energy
Transmission Corridor
depicted on the Map.
Limitation
A public water agency right-of-way shall not be granted under subparagraph (A) within the portion of the Renewable Energy Transmission Corridor that is located along the Moccasin Drive alignment, which is generally between T. 18 S. and T. 19 S., Mount Diablo Baseline and Meridian.
Buried water conveyance pipeline
On receipt of 1 or more complete applications from a unit of local government or public water agency, the Secretary, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the unit of local government or public water agency a 100-foot right-of-way for the construction, operation, maintenance, repair, and replacement of a buried water conveyance pipeline to access the existing buried water pipeline turnout facility and surge tank located in the NE1/4 sec. 16 of T. 19 S. and R. 61 E.
Requirements
Best management practices
The water conveyance facilities shall 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 the impacts of the water conveyance facilities on the Monument.
Consultations
The
water conveyance facilities within the Renewable Energy Transmission
Corridor
shall be sited in consultation with the qualified electric
utility to limit the impacts of the water conveyance facilities on the
high-voltage transmission facilities.
Terms and conditions
The issuance of a notice to proceed on the construction of the water conveyance facilities within the right-of-way under paragraph (1) shall be subject to any terms and conditions that the Secretary, in consultation with the public water agency, 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.
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 or adjacent counties, 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 .
Addition 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 April 30, 2013.
Secretary
The
term Secretary
means the Secretary of the Interior, acting
through the Bureau of Land Management.
Addition of land to conservation area
In general
The Conservation Area is expanded to include the land
depicted 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 April 30, 2013.
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 and subject to valid existing rights, 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 the land
managed by the Bureau of Land Management described on the map as the
North Las Vegas Job Creation Zone
(including the interests in
the 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.
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.
Fair market value
The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practices; and
any other applicable law (including regulations).
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
North Las Vegas shall pay all appraisal costs, 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 April 30, 2013.
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
(including interests in the 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.
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.
Fair market value
The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practices; and
any other applicable law (including regulations).
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
Las Vegas shall pay all appraisal costs, 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 April 30, 2013
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, T. 23 S., R. 58 E., 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 April 30, 2013
; 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 water or
wastewater treatment facility or any other 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
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
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 April 30, 2013, 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 400-foot
utility corridor of certain rights-of-way for transportation and public
utilities.
Conditions
In general
As a condition of the conveyance under paragraph (1), 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)(B) 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)(B) compromise the national security mission or avigation rights of Nellis Air Force Base.
Use of Federal land
The System may use the Federal land conveyed under paragraph
(1) for any public purposes 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.
).
Reversion
In general
If the Federal land or any portion of the Federal land conveyed under paragraph (1) 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.
College of southern nevada
If the System fails to complete the first building or show progression toward development of the College of Southern Nevada campus on the applicable parcels of Federal land by the date that is 12 years after the date of conveyance of the applicable parcels of Federal land to the College of Southern Nevada, the parcels of the Federal land described in subsection (a)(3)(A) 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 paragraph (3), 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.).
Reservation of mineral rights
In conveying the public land under paragraph (1), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events).
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.
Reversion and reentry
In general
If the land conveyed to the County under the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 ; 114 Stat. 1404) reverts to the United States, the land conveyed to the County under this section shall revert, at the option of the Secretary, to the United States.
Use of land
If the Secretary determines that the County is not using the land conveyed under this section for a purpose described in paragraph (4), all right, title, and interest of the County in and to the land shall revert, at the option of the Secretary, to the United States.
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 April 30, 2013.
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 (or a designee of 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 and paragraph (2), without consideration, all right, title, and interest of the United States in and to the parcels of Federal land.
Reservation of mineral estate
In conveying the parcels of Federal land under paragraph (1), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events).
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 (D)—
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
In general
Subject to clauses (ii) and (iii), the parcels of 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 that Act, and the County.
Limitation
Any project authorized under clause (i) shall not interfere with the national security mission of Nellis Air Force Base or any other military operation.
Required consultation
Before the construction of any proposed project under clause (i), the project proponent shall consult with the Secretary of Defense or a designee of the Secretary of Defense.
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 (4)(B); and
the aviation easement requirements under paragraph (7).
Management plan
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 (7) and subsection (c)(3).
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 (3)(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 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 conveyed under subsection (b)(1) 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.
Aviation rights
The aviation rights described in subsection (b)(7) 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)(3)(A)(i).
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.
Conveyance of land for Nellis Air Force Base
In general
Administrative jurisdiction over the parcel of Federal land described in subsection (b) is transferred from the Bureau of Land Management to the Air Force for inclusion in Nellis Air Force Base.
Description of land
The parcel of Federal land referred to in subsection (a) is
the approximately 410 acres of land administered by the Bureau of Land
Management and identified as Addition to Nellis Air Force Base
on the map entitled North Las Vegas Valley Overview
and dated
April 30, 2013.
Military overflights
Findings
Congress finds that—
military aircraft testing and training activities in the State of Nevada—
are an important part of the national defense system of the United States; and
are essential in order to secure an enduring and viable national defense system for the current and future generations of people of the United States;
the units of the National Park System and the additions to the Conservation Area established under this Act are located within a region critical to providing training, research, and development for the Armed Forces of the United States and allies of the Armed Forces;
there is a lack of alternative sites available for the military training, testing, and research activities being conducted in the State of Nevada;
continued use of the airspace in the State of Nevada is essential for military purposes; and
continuation of the military activities in the State of Nevada, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources and values of Federal land in the State of Nevada.
Overflights
Nothing in this Act or any other land management law applicable to a new unit of the National Park System or an addition to the Conservation Area designated by this Act shall restrict or preclude overflights, including—
low-level overflights of military aircraft over the Federal land; and
military overflights that can be seen or heard within the unit or Conservation Area.
Special airspace
Nothing in this Act or any other land management law applicable to a new unit of the National Park or an addition to the Conservation Area designated by this Act shall restrict or preclude the designation of new units of special airspace or the use or establishment of military flight training routes over the unit or Conservation Area.
