1.Short title; table of
contents
(a)This Act may be cited
as the Las Vegas Valley Public Land
and Tule Springs Fossil Beds National Monument Act of
2012
.
(b)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.
2.Tule Springs
Fossil Beds National Monument
(a)Congress
finds that—
(1)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;
(2)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;
(3)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;
(4)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;
(5)the area provides
important habitat for threatened desert tortoise, endemic poppy bees, kit
foxes, burrowing owls, phainopepla, and a variety of reptiles;
(6)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;
(7)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;
(8)despite the
findings of the studies and recommendations for further assessment of the
resources for appropriate methods of protection—
(A)the area remains
inadequately protected; and
(B)many irreplaceable
fossil specimens in the area have been lost to vandalism or theft; and
(9)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.
(b)In this section:
(1)The
term Council means the Tule Springs Fossil Beds National Monument
Advisory Council established by subsection (f)(1).
(2)The
term County means Clark County, Nevada.
(3)The term local government means the City
of Las Vegas, City of North Las Vegas, or the County.
(4)The term management plan means the management
plan for the Monument developed under subsection (d)(3).
(5)The
term Map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
(6)The
term Monument means the Tule Springs Fossil Beds National Monument
established by subsection (c)(1).
(7)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).
(8)Qualified
electric utilityThe 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.
(9)The
term Secretary means the Secretary of the Interior.
(10)The
term State means the State of Nevada.
(c)
(1)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.
(2)The
Monument shall consist of approximately 22,650 acres of public land in the
County within the boundaries generally depicted on the Map.
(3)
(A)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.
(B)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.
(C)Availability of
map and legal descriptionThe 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.
(4)Minor boundary
adjustmentsThe 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—
(A)additional
paleontological resources are discovered on the adjacent public land;
and
(B)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.
(5)
(A)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.
(B)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.
(6)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—
(A)entry,
appropriation, or disposal under the public land laws;
(B)location, entry,
and patent under the mining laws; and
(C)operation of the
mineral leasing laws, geothermal leasing laws, and minerals materials
laws.
(7)Nothing in this Act or the management plan developed
for the Monument restricts or precludes—
(A)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
(B)the designation or
creation of new units of special use airspace or the establishment of military
flight training routes over the Monument.
(d)
(1)Transfer of
administrative jurisdictionAdministrative 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.
(2)The
Secretary shall—
(A)allow only such
uses of the Monument that—
(i)are
consistent with this section; and
(ii)the
Secretary determines would further the purposes of the Monument; and
(B)manage the
Monument—
(i)in a
manner that conserves, protects, interprets, and enhances the resources and
values of the Monument; and
(ii)in
accordance with—
(I)this
section;
(II)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
(III)any other
applicable laws.
(3)The establishment of the Monument shall not—
(A)lead to the
creation of express or implied protective perimeters or buffer zones around or
over the Monument;
(B)preclude disposal
of public land adjacent to the boundaries of the Monument, if the disposal is
consistent with other applicable law;
(C)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
(D)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.
(4)Nothing in this Act alters the standards governing air or
water quality outside the boundary of the Monument.
(5)
(A)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.
(B)The
management plan—
(i)shall, consistent
with this section and the purposes of the Monument—
(I)describe the
resources at the Monument that are to be protected;
(II)describe the
appropriate uses and management of the Monument;
(III)allow for
continued scientific research at the Monument; and
(IV)include a travel
management plan that may include existing public transit; and
(ii)may—
(I)incorporate any
appropriate decisions contained in an existing management or activity plan for
the land designated as the Monument under subsection (c)(1); and
(II)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.
(C)In preparing the management plan, the Secretary
shall—
(i)consult with, and
take into account the comments and recommendations of, the Council;
(ii)provide an
opportunity for public involvement in the preparation and review of the
management plan, including holding public meetings; and
(iii)consider public
comments received as part of the public review and comment process of the
management plan.
(6)Interpretation,
education, and scientific research
(A)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.
(B)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).
(e)Renewable energy
transmission facilities
(1)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
.
(2)
(A)The high-voltage transmission facilities shall—
(i)be
used—
(I)primarily, to the
maximum extent practicable, for renewable energy resources; and
(II)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
(ii)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.
(B)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.
(3)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.
(4)Expiration of
right-of-wayThe 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.
(f)Tule Springs
Fossil Beds National Monument Advisory Council
(1)To
provide guidance for the management of the Monument, there is established the
Tule Springs Fossil Beds National Monument Advisory Council.
(2)
(A)The
Council shall consist of 13 members, to be appointed by the Secretary, of
whom—
(i)1
member shall be a member of, or be nominated by, the County Commission;
(ii)1
member shall be a member of, or be nominated by, the city council of Las Vegas,
Nevada;
(iii)1
member shall be a member of, or be nominated by, the city council of North Las
Vegas, Nevada;
(iv)1
member shall be a member of, or be nominated by, the tribal council of the Las
Vegas Paiute Tribe;
(v)1
member shall be a representative of the conservation community in southern
Nevada;
(vi)1
member shall be a representative of, or be nominated by, the Director of the
Bureau of Land Management;
(vii)1
member shall be a representative of, or be nominated by, the Director of the
United States Fish and Wildlife Service;
(viii)1
member shall be a representative of, or be nominated by, the Director of the
National Park Service;
(ix)1
member shall be a representative of Nellis Air Force Base;
(x)1
member shall be nominated by the State;
(xi)1
member shall reside in the County and have a background that reflects the
purposes for which the Monument was established; and
(xii)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.
(B)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).
(3)The Council shall advise the Secretary with respect
to—
(A)the preparation
and implementation of the management plan; and
(B)other issues
related to the management of the Monument (including budgetary matters).
(4)Members
of the Council shall receive no compensation for serving on the Council.
(5)
(A)Subject to subparagraph (B), the Council shall elect a
Chairperson from among the members of the Council.
(B)The
Chairperson shall not be a member of a Federal or State agency.
(C)The
term of the Chairperson shall be 3 years.
(6)
(A)The term of a member of the Council shall be 3
years.
(B)Notwithstanding
the expiration of a 3-year term of a member of the Council, a member may
continue to serve on the Council until—
(i)the
member is reappointed by the Secretary; or
(ii)a
successor is appointed.
(7)
(A)A vacancy on the Council shall be filled in the same
manner in which the original appointment was made.
(B)Appointment for
remainder of termA member appointed to fill a vacancy on the
Council—
(i)shall serve for
the remainder of the term for which the predecessor was appointed; and
(ii)may
be nominated for a subsequent term.
(8)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.
(g)Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
section.
3.Transfer of land
to Red Rock Canyon National Conservation Area
(a)In
this section:
(1)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.).
(2)The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
(3)The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)Transfer of land
to conservation area
(1)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).
(2)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
.
(3)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.
(4)Map and Legal
Description
(A)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.
(B)The Secretary may correct any minor error in—
(i)the
map; or
(ii)the
legal description.
(C)The
map and legal description shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
4.Conveyance of
Bureau of Land Management land to North Las Vegas
(a)In
this section:
(1)The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
(2)The term North Las Vegas means the city of
North Las Vegas, Nevada.
(3)The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)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).
(c)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
.
(d)Map and Legal
Description
(1)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.
(2)The Secretary may correct any minor error in—
(A)the map; or
(B)the legal
description.
(3)The
map and legal description shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
(e)Use of land for
nonresidential development
(1)North Las Vegas may sell, lease, or otherwise convey any
portion of the land described in subsection (c) for nonresidential
development.
(2)The sale, lease, or conveyance of land under paragraph (1)
shall be carried out—
(A)through a
competitive bidding process; and
(B)for not less than
fair market value.
(3)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).
(f)Use of land for
recreation or other public purposes
(1)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.
(2)If
North Las Vegas retains land for public recreation or other public purposes
under paragraph (1), North Las Vegas may—
(A)revoke that
election; and
(B)sell, lease, or
convey the land in accordance with subsection (e).
(g)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).
(h)
(1)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.
(2)If North Las Vegas uses any parcel of land described in
subsection (c) in a manner that is inconsistent with this section—
(A)at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B)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.
5.Conveyance of
Bureau of Land Management land to Las Vegas
(a)In
this section:
(1)The term Las Vegas means the city of Las
Vegas, Nevada.
(2)The
term map means the map entitled North Las Vegas Valley
Overview
and dated June 26, 2012.
(3)The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(b)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).
(c)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.
(d)Map and Legal
Description
(1)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.
(2)The Secretary may correct any minor error in—
(A)the map; or
(B)the legal
description.
(3)The
map and legal description shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
(e)
(1)Las Vegas may sell, lease, or otherwise convey any
portion of the land described in subsection (c) for nonresidential
development.
(2)The sale, lease, or conveyance of land under paragraph (1)
shall be carried out, after consultation with the Las Vegas Paiute
Tribe—
(A)through a
competitive bidding process; and
(B)for not less than
fair market value.
(3)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).
(f)Use of land for
recreation or other public purposes
(1)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.
(2)If
Las Vegas retains land for public recreation or other public purposes under
paragraph (1), Las Vegas may—
(A)revoke that
election; and
(B)sell, lease, or
convey the land in accordance with subsection (e).
(g)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).
(h)
(1)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.
(2)If Las Vegas uses any parcel of land described in subsection
(c) in a manner that is inconsistent with this section—
(A)at the discretion
of the Secretary, the parcel shall revert to the United States; or
(B)if the Secretary
does not make an election under subparagraph (A), Las Vegas shall sell the
parcel of land in accordance with this section.
6.Expansion of
conveyance to Las Vegas Metropolitan Police DepartmentSection 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
.
7.Spring Mountains
National Recreation Area withdrawalSection 8 of the Spring Mountains National
Recreation Area Act (16 U.S.C. 460hhh–6) is amended—
(1)in subsection (a), by striking for
lands described
and inserting as provided
; and
(2)by striking subsection (b) and inserting
the following:
(b)
(1)Notwithstanding subsection (a),
W1/2E1/2 and
W1/2, sec. 27, T23S, R58E, Mt. Diablo Meridian is not
subject to withdrawal under that subsection.
(2)Effect of entry
under public land lawsNotwithstanding paragraph (1) of
subsection (a), the following are not subject to withdrawal under that
paragraph:
(A)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.
(B)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.
.
8.Southern Nevada
Public Land Management Act of 1998 amendmentsSection 4 of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105–263; 112 Stat. 2344; 116 Stat. 2007) is
amended—
(1)in the first sentence of subsection (a), by
striking dated October 1, 2002
and inserting dated June
26, 2012
; and
(2)in subsection (g),
by adding at the end the following:
(5)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.
.
9.Conveyance of
land to the Nevada System of Higher Education
(a)In this section:
(1)The term Board of Regents means the Board of
Regents of the Nevada System of Higher Education.
(2)The
term Campuses means the Great Basin College, College of Southern
Nevada, and University of Las Vegas, Nevada, campuses.
(3)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—
(A)approximately 40
acres is to be conveyed for the College of Southern Nevada;
(B)approximately
2,085 acres is to be conveyed for the University of Nevada, Las Vegas;
and
(C)approximately 285
acres is to be conveyed for the Great Basin College.
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term State
means the State of Nevada.
(6)The
term System means the Nevada System of Higher Education.
(b)Conveyances of
Federal land to the System
(1)
(A)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—
(i)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—
(I)the Federal land
identified on the map entitled Great Basin College Land
Conveyance
and dated June 26, 2012, for the Great Basin College;
and
(II)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—
- (aa)provides for the
orderly development of the Federal land to be conveyed under this subclause;
and
- (bb)complies with
State law; and
(ii)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.
(B)The
Secretary may phase the conveyance of the Federal land under subparagraph
(A)(ii) as remediation is completed.
(2)
(A)As a condition of the conveyance under paragraph (1)(A),
the Board of Regents shall agree in writing—
(i)to
pay any administrative costs associated with the conveyance, including the
costs of any environmental, wildlife, cultural, or historical resources
studies;
(ii)to
use the Federal land conveyed for educational and recreational purposes;
(iii)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
(iv)to
assist the Bureau of Land Management in providing information to the students
of the System and the citizens of the State on—
(I)public land
(including the management of public land) in the Nation; and
(II)the role of the
Bureau of Land Management in managing, preserving, and protecting the public
land in the State.
(B)Agreement with
Nellis Air Force Base
(i)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.
(ii)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.
(iii)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.
(3)
(A)The System may use the Federal land conveyed under
paragraph (1)(A) for—
(i)any
purpose relating to the establishment, operation, growth, and maintenance of
the System; and
(ii)any
uses relating to the purposes, including residential and commercial development
that would generally be associated with an institution of higher
education.
(B)The System may—
(i)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;
(ii)allow any other
communities in southern Nevada to use facilities of the Campuses for
educational and recreational programs of the community; and
(iii)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.
(4)
(A)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.
(B)University of
Nevada, Las VegasIf 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.
(c)Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
section.
10.Land conveyance
for Southern Nevada Supplemental Airport
(a)In
this section:
(1)The
term County means Clark County, Nevada.
(2)The
term Map means the map entitled Land Conveyance for
Southern Nevada Supplemental Airport
and dated June 26, 2012.
(3)The
term Secretary means the Secretary of the Interior.
(b)
(1)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).
(2)Date on which
conveyance may be madeThe 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—
(A)approved an
airport layout plan for an airport to be located in the Ivanpah Valley;
and
(B)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.).
(3)Subject
to valid existing rights, the public land to be conveyed under paragraph (1) is
withdrawn from—
(A)location, entry,
and patent under the mining laws; and
(B)operation of the
mineral leasing and geothermal leasing laws.
(4)The
public land conveyed under paragraph (1) shall be used for the development of
flood mitigation infrastructure for the Southern Nevada Supplemental
Airport.
(c)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
.
(d)Map and legal
description
(1)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.
(2)The Secretary may correct any minor error in—
(A)the map; or
(B)the legal
description.
(3)The
map and legal description shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
11.Sunrise Mountain
Instant Study Area release
(a)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.
(b)Any
public land described in subsection (a) that is not designated as
wilderness—
(1)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
(2)shall be managed
in accordance with land management plans adopted under section 202 of that Act
(43 U.S.C. 1712).
(c)Post release
land use approvalsRecognizing 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.
12.Nellis Dunes
Off-Highway Vehicle Recreation Area
(a)In this section:
(1)The
term City means the city of North Las Vegas, Nevada.
(2)The
term County means Clark County, Nevada.
(3)The term Economic Support Area means the land
identified on the map as the Economic Support Area
.
(4)The term Federal land means the approximately
1,211 acres of Federal land in the County, as depicted on the map.
(5)The
term map means the map entitled Nellis Dunes Off-Highway
Vehicle Recreation Area
and dated June 26, 2012.
(6)Nellis dunes
recreation areaThe term Nellis Dunes Recreation
Area means the Nellis Dunes Off-Highway Vehicle Recreation Area
identified on the map as Nellis Dunes OHV Recreation
Area
.
(7)The term net proceeds means the amount that
is equal to the difference between—
(A)the amount of
gross revenues received by the County from any activities at the Economic
Support Area; and
(B)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.
(8)The
term Secretary means the Secretary of the Interior.
(9)The
term State means the State of Nevada.
(b)Conveyance of
Federal Land to Clark County, Nevada
(1)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.
(2)
(A)The parcels of Federal land conveyed under paragraph
(1)—
(i)shall be used by
the County—
(I)to provide a
suitable location for the establishment of a centralized off-road vehicle
recreation park in the County;
(II)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
(III)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
(ii)shall not be
disposed of by the County.
(B)If
the County ceases to use any parcel of the Federal land for the purposes
described in subparagraph (A)(i) or subparagraph (C)—
(i)title to the
parcel shall revert to the United States, at the option of the United States;
and
(ii)the County shall
be responsible for any reclamation necessary to revert the parcel to the United
States.
(C)Renewable and
solar energyThe 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.
(D)Consultation
with the secretary of the air force
(i)Any
project authorized under subparagraph (C) shall not interfere with the national
security mission of Nellis Air Force Base (or any military operation).
(ii)Before
the construction of any proposed project under subparagraph (C), the project
proponent shall consult with the Secretary of Defense (or a designee).
(E)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—
(i)the binding
interlocal agreement under paragraph (3)(B); and
(ii)the aviation
easement requirements under paragraph (6).
(F)The Secretary, in consultation with the Secretary of the Air
Force and the County, may develop a special management plan for the Federal
land—
(i)to enhance public
safety and safe off-highway vehicle recreation use in the Nellis Dunes
Recreation Area;
(ii)to ensure
compatible development with the mission requirements of the Nellis Air Force
Base; and
(iii)to avoid and
mitigate known public health risks associated with off-highway vehicle use in
the Nellis Dunes Recreation Area.
(3)
(A)There
is designated the Economic Support Area.
(B)
(i)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.
(ii)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).
(C)Of the net proceeds from the development of the Economic
Support Area, the County shall—
(i)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
(ii)retain 50
percent, to be used by the County—
(I)to pay for capital
improvements that are not covered by subsection (a)(7)(B); and
(II)to maintain and
operate the park established under paragraph (2)(A)(i)(I).
(4)Agreement with
Nellis Air Force Base
(A)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—
(i)to enhance safe
off-highway recreation use; and
(ii)to ensure that
development of the Federal land is consistent with the long-term mission
requirements of Nellis Air Force Base.
(B)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.
(5)Additional terms
and conditionsWith 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.
(6)
(A)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.
(B)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).
(c)Designation of
the Nellis Dunes National Off-Highway Vehicle Recreation Area
(1)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
.
(2)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.
(3)Exclusion from
National Landscape Conservation SystemThe Nellis Dunes
Recreation Area shall not be considered a unit of the National Landscape
Conservation System.
(4)The aviation rights described in subsection (b)(6) shall
apply to the Nellis Dunes Recreation Area.
(d)Withdrawal and
Reservation of land for Nellis Air Force Base
(1)Subject
to valid existing rights and except as otherwise provided in this
subsection—
(A)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
(B)jurisdiction over
the land and interest in land withdrawn and reserved by this subsection is
transferred to the Secretary of the Air Force.
(2)The
land withdrawn under paragraph (1) is reserved for use by the Secretary of the
Air Force for—
(A)the enlargement
and protection of Nellis Air Force Base; or
(B)other
defense-related purposes consistent with the purposes of this
subsection.
(3)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).
(4)The
United States reserves—
(A)a right of flight
for the passage of aircraft in the airspace above the surface of the Federal
land conveyed to the County; and
(B)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.