[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 974 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 974
To provide for certain land conveyances in the State of Nevada, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2013
Mr. Reid (for himself and Mr. Heller) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for certain land conveyances in the State of Nevada, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Las Vegas Valley
Public Land and Tule Springs Fossil Beds National Monument Act of
2013''.
(b) 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.
SEC. 2. TULE SPRINGS FOSSIL BEDS NATIONAL MONUMENT.
(a) Findings.--Congress finds that--
(1) 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;
(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
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;
(4) 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;
(5) 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;
(6) 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;
(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 and the geological context of those resources for
present and future generations while allowing for public
education and continued scientific research opportunities.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Tule Springs
Fossil Beds National Monument Advisory Council established by
subsection (g)(1).
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Local government.--The term ``local government'' means
the City of Las Vegas, City of North Las Vegas, or the County.
(4) Management plan.--The term ``management plan'' means
the management plan for the Monument developed under subsection
(d)(5).
(5) Map.--The term ``Map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated April 30, 2013.
(6) Monument.--The term ``Monument'' means the Tule Springs
Fossil Beds National Monument established by subsection (c)(1).
(7) 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).
(8) 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.
(9) 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.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--The term ``State'' means the State of Nevada.
(c) Establishment.--
(1) 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.
(2) Boundaries.--The Monument shall consist of
approximately 22,650 acres of public land in the County within
the boundaries generally depicted on the Map.
(3) Map; legal description.--
(A) 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.
(B) 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.
(C) 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.
(4) Acquisition of land.--
(A) 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.
(B) 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.
(5) 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--
(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.
(6) Relationship to clark county multi-species habitat
conservation plan.--
(A) 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.
(B) Effect on plan.--Nothing in this Act otherwise
limits, alters, modifies, or amends the Clark County
Multi-Species Habitat Conservation Plan.
(d) Administration.--
(1) 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.
(2) Management.--The Secretary shall--
(A) allow only such uses of the Monument that--
(i) are consistent with this section;
(ii) the Secretary determines would further
the purposes of the Monument; and
(iii) 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
(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) Buffer zones.--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 or development of public land
adjacent to the boundaries of the Monument, if the
disposal or development 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) Air and water quality.--Nothing in this Act alters the
standards governing air or water quality outside the boundary
of the Monument.
(5) Management plan.--
(A) 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.
(B) Components.--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) Public process.--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;
(iii) consider public comments received as
part of the public review and comment process
of the management plan; and
(iv) 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.
(6) Interpretation, education, and scientific research.--
(A) 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.
(B) 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).
(e) Renewable Energy Transmission Facilities.--
(1) 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.
(2) Requirements.--
(A) In general.--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 Electric
Reliability 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) 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.
(3) 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.
(4) 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.
(f) Water Conveyance Facilities.--
(1) Water conveyance facilities corridor.--
(A) 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.
(B) 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.
(2) 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 NE\1/4\
sec. 16 of T. 19 S. and R. 61 E.
(3) Requirements.--
(A) 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.
(B) 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.
(4) 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.
(g) Tule Springs Fossil Beds National Monument Advisory Council.--
(1) Establishment.--To provide guidance for the management
of the Monument, there is established the Tule Springs Fossil
Beds National Monument Advisory Council.
(2) Membership.--
(A) Composition.--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
or adjacent counties, both of whom shall have
experience in the field of paleontology,
obtained through higher education, experience,
or both.
(B) 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).
(3) Duties of the council.--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) Compensation.--Members of the Council shall receive no
compensation for serving on the Council.
(5) Chairperson.--
(A) In general.--Subject to subparagraph (B), the
Council shall elect a Chairperson from among the
members of the Council.
(B) Limitation.--The Chairperson shall not be a
member of a Federal or State agency.
(C) Term.--The term of the Chairperson shall be 3
years.
(6) Term of members.--
(A) In general.--The term of a member of the
Council shall be 3 years.
(B) 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--
(i) the member is reappointed by the
Secretary; or
(ii) a successor is appointed.
(7) Vacancies.--
(A) In general.--A vacancy on the Council shall be
filled in the same manner in which the original
appointment was made.
(B) Appointment for remainder of term.--A 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) 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.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 3. ADDITION OF LAND TO RED ROCK CANYON NATIONAL CONSERVATION AREA.
(a) Definitions.--In this section:
(1) 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.).
(2) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated April 30, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) Addition of Land to Conservation Area.--
(1) In general.--The Conservation Area is expanded to
include the land depicted on the map as ``Additions to Red Rock
NCA''.
(2) 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.
(3) Map and legal description.--
(A) 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.
(B) Minor errors.--The Secretary may correct any
minor error in--
(i) the map; or
(ii) the legal description.
(C) 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.
SEC. 4. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO NORTH LAS
VEGAS.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated April 30, 2013.
(2) North las vegas.--The term ``North Las Vegas'' means
the city of North Las Vegas, Nevada.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) 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).
(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).
(d) Map and Legal Description.--
(1) 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.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) 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.
(e) Use of Land for Nonresidential Development.--
(1) In general.--North Las Vegas may sell, lease, or
otherwise convey any portion of the land described in
subsection (c) for nonresidential development.
(2) Method of sale.--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) 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--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practices; and
(C) any other applicable law (including
regulations).
(4) 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).
(f) Use of Land for Recreation or Other Public Purposes.--
(1) 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.
(2) Revocation.--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) 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).
(h) Reversion.--
(1) 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.
(2) Inconsistent use.--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.
SEC. 5. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LAS VEGAS.
(a) Definitions.--In this section:
(1) Las vegas.--The term ``Las Vegas'' means the city of
Las Vegas, Nevada.
(2) Map.--The term ``map'' means the map entitled ``North
Las Vegas Valley Overview'' and dated April 30, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) 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).
(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).
(d) Map and Legal Description.--
(1) 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.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) 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.
(e) Use of Land.--
(1) In general.--Las Vegas may sell, lease, or otherwise
convey any portion of the land described in subsection (c) for
nonresidential development.
(2) 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--
(A) through a competitive bidding process; and
(B) for not less than fair market value.
(3) 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--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practices; and
(C) any other applicable law (including
regulations).
(4) 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).
(f) Use of Land for Recreation or Other Public Purposes.--
(1) 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.
(2) Revocation.--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) 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).
(h) Reversion.--
(1) 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.
(2) Inconsistent use.--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.
SEC. 6. 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''.
SEC. 7. SPRING MOUNTAINS NATIONAL RECREATION AREA WITHDRAWAL.
Section 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) Exceptions.--
``(1) In general.--Notwithstanding subsection (a), W\1/
2\E\1/2\ and W\1/2\ sec. 27, T. 23 S., R. 58 E., Mt. Diablo
Meridian is not subject to withdrawal under that subsection.
``(2) Effect of entry under public land laws.--
Notwithstanding 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.''.
SEC. 8. 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--
(1) in the first sentence of subsection (a), by striking
``dated October 1, 2002'' and inserting ``dated April 30,
2013''; 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 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.''.
SEC. 9. CONVEYANCE OF LAND TO THE NEVADA SYSTEM OF HIGHER EDUCATION.
(a) Definitions.--In this section:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Nevada System of Higher Education.
(2) Campuses.--The term ``Campuses'' means the Great Basin
College, College of Southern Nevada, and University of Las
Vegas, Nevada, campuses.
(3) 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--
(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) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) System.--The term ``System'' means the Nevada System of
Higher Education.
(b) Conveyances of Federal Land to the System.--
(1) 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--
(A) 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--
(I) provides for the orderly
development of the Federal land to be
conveyed under this subclause; and
(II) complies with State law; and
(B) 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.
(2) Conditions.--
(A) In general.--As a condition of the conveyance
under paragraph (1), 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) 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.
(ii) 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.
(iii) 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.
(3) 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.).
(4) Reversion.--
(A) 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.
(B) 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.
(C) 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.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 10. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL AIRPORT.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Clark County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Land
Conveyance for Southern Nevada Supplemental Airport'' and dated
June 26, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Land Conveyance.--
(1) 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).
(2) 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--
(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) 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).
(4) Withdrawal.--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.
(5) Use.--The public land conveyed under paragraph (1)
shall be used for the development of flood mitigation
infrastructure for the Southern Nevada Supplemental Airport.
(6) Reversion and reentry.--
(A) 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.
(B) 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.
(c) 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''.
(d) Map and Legal Description.--
(1) 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.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) 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.
SEC. 11. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE.
(a) 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.
(b) Release.--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 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.
SEC. 12. NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of North Las
Vegas, Nevada.
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Economic support area.--The term ``Economic Support
Area'' means the land identified on the map as the ``Economic
Support Area''.
(4) Federal land.--The term ``Federal land'' means the
approximately 1,211 acres of Federal land in the County, as
depicted on the map.
(5) Map.--The term ``map'' means the map entitled ``Nellis
Dunes Off-Highway Vehicle Recreation Area'' and dated April 30,
2013.
(6) 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''.
(7) Net proceeds.--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 (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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Nevada.
(b) Conveyance of Federal Land to Clark County, Nevada.--
(1) 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.
(2) 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).
(3) Use of federal land.--
(A) In general.--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) Reversion.--If the County ceases to use any
parcel of the Federal land for the purposes described
in subparagraph (A)(i) or subparagraph (D)--
(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 energy.--
(i) 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.
(ii) 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.
(iii) 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.
(D) 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--
(i) the binding interlocal agreement under
paragraph (4)(B); and
(ii) the aviation easement requirements
under paragraph (7).
(E) Management plan.--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.
(4) Economic support area.--
(A) Designation.--There is designated the Economic
Support Area.
(B) Interlocal agreement.--
(i) 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.
(ii) 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).
(C) Use of proceeds.--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
(3)(A)(i)(I).
(5) Agreement with nellis air force base.--
(A) 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--
(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) 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.
(6) 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.
(7) Aviation easement.--
(A) 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.
(B) 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).
(c) Designation of the Nellis Dunes National Off-Highway Vehicle
Recreation Area.--
(1) 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''.
(2) 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.
(3) Aviation rights.--The aviation rights described in
subsection (b)(7) shall apply to the Nellis Dunes Recreation
Area.
(d) Withdrawal and Reservation of Land for Nellis Air Force Base.--
(1) Withdrawal.--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) Reservation.--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) 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).
(4) Easement.--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.
SEC. 13. CONVEYANCE OF LAND FOR NELLIS AIR FORCE BASE.
(a) 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.
(b) 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.
SEC. 14. MILITARY OVERFLIGHTS.
(a) Findings.--Congress finds that--
(1) military aircraft testing and training activities in
the State of Nevada--
(A) are an important part of the national defense
system of the United States; and
(B) 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;
(2) 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;
(3) there is a lack of alternative sites available for the
military training, testing, and research activities being
conducted in the State of Nevada;
(4) continued use of the airspace in the State of Nevada is
essential for military purposes; and
(5) 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.
(b) 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--
(1) low-level overflights of military aircraft over the
Federal land; and
(2) military overflights that can be seen or heard within
the unit or Conservation Area.
(c) 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.
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