[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6216 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6216

To amend the Sloan Canyon National Conservation Area Act to adjust the 
 boundary of the Sloan Canyon National Conservation Area, to amend the 
  Apex Project, Nevada Land Transfer and Authorization Act of 1989 to 
 include the city of North Las Vegas, Nevada, and the Apex Industrial 
Park Owners Association, to clarify the authority of the Department of 
 Defense to conduct certain military activities at the Nevada Test and 
  Training Range, to designate the Southern Paiute Wilderness in the 
                State of Nevada, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2023

    Mr. Horsford (for himself and Ms. Lee of Nevada) introduced the 
    following bill; which was referred to the Committee on Natural 
 Resources, and in addition to the Committee on Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Sloan Canyon National Conservation Area Act to adjust the 
 boundary of the Sloan Canyon National Conservation Area, to amend the 
  Apex Project, Nevada Land Transfer and Authorization Act of 1989 to 
 include the city of North Las Vegas, Nevada, and the Apex Industrial 
Park Owners Association, to clarify the authority of the Department of 
 Defense to conduct certain military activities at the Nevada Test and 
  Training Range, to designate the Southern Paiute Wilderness 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.

    This Act may be cited as the ``Promoting National Security and 
Preserving Access to Public Land in Southern Nevada Act of 2023''.

SEC. 2. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.

    (a) Definitions.--In this section:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Sloan Canyon National Conservation Area.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (acting through the Director of the Bureau of 
        Land Management).
    (b) Boundary Adjustment.--
            (1) Map.--Section 603(4) of the Sloan Canyon National 
        Conservation Area Act (16 U.S.C. 460qqq-1(4)) is amended by 
        striking ``map entitled `Southern Nevada Public Land Management 
        Act' and dated October 1, 2002'' and inserting ``map entitled 
        `Proposed Sloan Canyon Expansion' and dated June 7, 2023''.
            (2) Acreage.--Section 604(b) of the Sloan Canyon National 
        Conservation Area Act (16 U.S.C. 460qqq-2(b)) is amended by 
        striking ``48,438'' and inserting ``57,728''.
    (c) Right-of-Way.--Section 605 of the Sloan Canyon National 
Conservation Area Act (16 U.S.C. 460qqq-3) is amended by adding at the 
end the following:
    ``(h) Horizon Lateral Pipeline Right-of-Way.--
            ``(1) In general.--Notwithstanding sections 202 and 503 of 
        the Federal Land Policy Management Act of 1976 (43 U.S.C. 1712, 
        1763) and subject to valid existing rights and paragraph (3), 
        the Secretary of the Interior, acting through the Director of 
        the Bureau of Land Management (referred to in this subsection 
        as the `Secretary'), shall, not later than 1 year after the 
        date of enactment of this subsection, grant to the Southern 
        Nevada Water Authority (referred to in this subsection as the 
        `Authority'), not subject to the payment of rents or other 
        charges, the temporary and permanent water pipeline 
        infrastructure, and outside the boundaries of the Conservation 
        Area, powerline, facility, and access road rights-of-way 
        depicted on the map for the purposes of--
                    ``(A) performing geotechnical investigations within 
                the rights-of-way; and
                    ``(B) constructing and operating water transmission 
                and related facilities.
            ``(2) Excavation and disposal.--
                    ``(A) In general.--The Authority may, without 
                consideration, excavate and use or dispose of sand, 
                gravel, minerals, or other materials from the tunneling 
                of the water pipeline necessary to fulfill the purpose 
                of the rights-of-way granted under paragraph (1).
                    ``(B) Memorandum of understanding.--Not later than 
                30 days after the date on which the rights-of-way are 
                granted under paragraph (1), the Secretary and the 
                Authority shall enter into a memorandum of 
                understanding identifying Federal land on which the 
                Authority may dispose of materials under subparagraph 
                (A) to further the interests of the Bureau of Land 
                Management.
            ``(3) Requirements.--A right-of-way issued under this 
        subsection shall be subject to the following requirements:
                    ``(A) The Secretary may include reasonable terms 
                and conditions, consistent with section 505 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1765), as are necessary to protect Conservation 
                Area resources.
                    ``(B) Construction of the water pipeline shall not 
                permanently adversely affect conservation area surface 
                resources.
                    ``(C) The right-of-way shall not be located through 
                or under any area designated as wilderness.''.
    (d) Preservation of Transmission and Utility Corridors and Rights-
of-Way.--The expansion of the Conservation Area boundary under the 
amendment made by subsection (b)--
            (1) shall be subject to valid existing rights, including 
        land within a designated utility transmission corridor or a 
        transmission line right-of-way grant approved by the Secretary 
        in a record of decision issued before the date of enactment of 
        this Act;
            (2) shall not preclude--
                    (A) any activity authorized in accordance with a 
                designated corridor or right-of-way referred to in 
                paragraph (1), including the operation, maintenance, 
                repair, or replacement of any authorized utility 
                facility within the corridor or right-of-way; or
                    (B) the Secretary from authorizing the 
                establishment of a new utility facility right-of-way 
                within an existing designated transportation and 
                utility corridor referred to in paragraph (1) in 
                accordance with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.) and other 
                        applicable laws; and
                            (ii) subject to such terms and conditions 
                        as the Secretary determines to be appropriate; 
                        and
            (3) except as provided in the amendment made by subsection 
        (c), modifies the management of the Conservation Area pursuant 
        to section 605 of the Sloan Canyon National Conservation Area 
        Act (16 U.S.C. 460qqq-3).

SEC. 3. AMENDMENTS TO THE APEX PROJECT, NEVADA LAND TRANSFER AND 
              AUTHORIZATION ACT OF 1989.

    (a) Definitions.--Section 2(b) of the Apex Project, Nevada Land 
Transfer and Authorization Act of 1989 (Public Law 101-67; 103 Stat. 
169) is amended--
            (1) in the matter preceding paragraph (1), by striking ``As 
        used in this Act, the following terms shall have the following 
        meanings--'' and inserting ``In this Act:'';
            (2) in each of paragraphs (1), (2), (4), and (5), by 
        inserting a paragraph heading, the text of which comprises the 
        term defined in that paragraph;
            (3) in paragraph (3), by inserting ``County; clark 
        county.--'' before ``The term'';
            (4) in paragraph (6)--
                    (A) by inserting ``FLPMA terms.--'' before ``All''; 
                and
                    (B) by inserting ``(43 U.S.C. 1701 et seq.)'' 
                before the period at the end;
            (5) by redesignating paragraphs (1), (2), (3), (4), (5), 
        and (6) as paragraphs (7), (6), (4), (5), (2), and (8), 
        respectively;
            (6) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Apex industrial park owners association.--The term 
        `Apex Industrial Park Owners Association' means the Apex 
        Industrial Park Owners Association formed on April 9, 2001, and 
        chartered in the State of Nevada (including any successor in 
        interest).''; and
            (7) by inserting after paragraph (2) (as so redesignated) 
        the following:
            ``(3) City.--The term `City' means the city of North Las 
        Vegas, Nevada.''.
    (b) Kerr-McGee Site Transfer.--Section 3(b) of the Apex Project, 
Nevada Land Transfer and Authorization Act of 1989 (Public Law 101-67; 
103 Stat. 170) is amended--
            (1) in the first sentence--
                    (A) by striking ``Clark County'' and inserting 
                ``Clark County, the City, or the Apex Industrial Park 
                Owners Association, individually or jointly, as 
                appropriate,''; and
                    (B) by striking ``Site'' and inserting ``Site and 
                other land conveyed in accordance with this Act''; and
            (2) in the third sentence, by striking ``Clark County'' and 
        inserting ``Clark County, the City, or the Apex Industrial Park 
        Owners Association, individually or jointly, as appropriate,''.
    (c) Authorization for Additional Transfers.--Section 4 of the Apex 
Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 
101-67; 103 Stat. 171) is amended--
            (1) in subsection (c), by striking ``Clark County'' and 
        inserting ``Clark County, the City, or the Apex Industrial Park 
        Owners Association, individually or jointly, as appropriate,''; 
        and
            (2) in subsection (e), by adding at the end the following:
    ``(3) Mineral Materials Sale.--Notwithstanding the requirements of 
part 3600 of title 43, Code of Federal Regulations (as in effect on the 
date of enactment of this paragraph), the Secretary may sell, at not 
less than fair market value, without advertising or calling for bids 
and without regard to volume or time limitations, mineral materials 
resulting from grading, land balancing, or other activities on the 
surface of a parcel of land within the Apex Site for which the United 
States retains an interest in the minerals.''.
    (d) Environmental Considerations.--Section 6 of the Apex Project, 
Nevada Land Transfer and Authorization Act of 1989 (Public Law 101-67; 
103 Stat. 173) is amended by adding at the end the following:
    ``(d) Compliance With Environmental Assessments.--Each transfer by 
the United States of land or interest in lands within the Apex Site or 
rights-of-way issued pursuant to this Act shall be conditioned on the 
compliance with applicable Federal land laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.).''.

SEC. 4. CLARIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO CONDUCT 
              CERTAIN MILITARY ACTIVITIES AT NEVADA TEST AND TRAINING 
              RANGE.

    (a) Specification of Authorized Military Activities.--Paragraph (1) 
of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title 
XXX of the National Defense Authorization Act for Fiscal Year 2000; 
Public Law 106-65; 113 Stat. 886) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, subject to the conditions set forth in subsection (a) of 
        section 3014'' after ``Secretary of the Air Force'';
            (2) by striking ``and'' at the end of subparagraph (C);
            (3) by redesignating subparagraph (D) as subparagraph (G); 
        and
            (4) by inserting after subparagraph (C) the following new 
        subparagraphs:
                    ``(D) for emergency response;
                    ``(E) for the establishment and use of existing or 
                new electronic tracking and communications sites, 
                including the construction of up to 15 equipment pads, 
                no larger than 150-by-150 feet in size, along existing 
                roads to allow placement and operation of threat 
                emitters;
                    ``(F) for the use and maintenance of roads in 
                existence as of January 1, 2024, to allow access to 
                threat emitters and repeaters for installation, 
                maintenance, and periodic relocation; and''.
    (b) Interagency Committee.--Section 3011(b)(5)(G), as added by 
paragraph (1) of section 2844(b) of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (Public Law 
116-283; 134 Stat. 4351), is further amended--
            (1) by amending clause (i) to read as follows:
                            ``(i) In general.--The Secretary of the 
                        Interior and the Secretary of the Air Force 
                        shall jointly establish an interagency 
                        committee (referred to in this subparagraph as 
                        the `interagency committee') to--
                                    ``(I) facilitate coordination, 
                                manage public access needs and 
                                requirements, and minimize potential 
                                conflict between the Department of the 
                                Interior and the Department of the Air 
                                Force with respect to joint operating 
                                areas within the Desert National 
                                Wildlife Refuge; and
                                    ``(II) discuss the activities 
                                authorized in paragraph (1) and provide 
                                input to the United States Fish and 
                                Wildlife Service and the Department of 
                                the Air Force when assessing whether 
                                these activities may be conducted on 
                                the joint operating areas within the 
                                Desert National Wildlife Refuge that 
                                are under the primary jurisdiction of 
                                the Secretary of the Interior in a 
                                manner that is consistent with the 
                                National Wildlife Refuge System 
                                Administration Act (16 U.S.C. 668dd et 
                                seq.) and other applicable law.''; and
            (2) in clause (ii)--
                    (A) by inserting ``, including a designee of the 
                Director of the United States Fish and Wildlife 
                Service'' before the period at the end of subclause 
                (I); and
                    (B) by inserting ``, including a designee of the 
                Assistant Secretary of the Air Force for Energy, 
                Installations, and Environment'' before the period at 
                the end of subclause (II).
    (c) Additional Purpose of Intergovernmental Executive Committee.--
Section 3011(b)(H)(5)(ii), as added by paragraph (2) of such section 
2844(b), is amended in clause (ii)--
            (1) by striking ``and'' at the end of subclause (I);
            (2) by striking the period at the end of subclause (II) and 
        inserting ``; and''; and
            (3) by adding at the end the following new subclause:
                                    ``(III) discussing and making 
                                recommendations to the interagency 
                                committee established under 
                                subparagraph (G) with respect to any 
                                proposal by the Secretary of the Air 
                                Force to undertake any of the 
                                activities authorized in paragraph (1) 
                                on the joint operating areas within the 
                                Desert National Wildlife Refuge.''.

SEC. 5. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of Nevada.
            (3) Wilderness area.--The term ``wilderness area'' means 
        the wilderness area designated by subsection (b)(1).
    (b) Addition to the National Wilderness Preservation System.--
            (1) Designation.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), there is designated as wilderness and as 
        a component of the National Wilderness Preservation System the 
        approximately 736,188 acres of Federal land managed by the 
        Director of the United States Fish and Wildlife Service in 
        Clark and Lincoln Counties, Nevada, to be known as the 
        ``Southern Paiute Wilderness''.
            (2) Boundary.--The boundary of any portion of the 
        wilderness area that is bordered by a road shall be not less 
        than 50 feet from the centerline of the road.
            (3) Map and legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                prepare a map and legal description of the wilderness 
                area.
                    (B) 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 clerical and typographical errors 
                in the map or legal description.
                    (C) Availability.--The map and legal description 
                prepared under subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                offices of the United States Fish and Wildlife Service.
            (4) Withdrawal.--Subject to valid existing rights, the 
        wilderness area is withdrawn from--
                    (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
    (c) Management.--Subject to valid existing rights, the wilderness 
area shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in that Act to the effective date of that 
        Act shall be considered to be a reference to the date of 
        enactment of this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary.
    (d) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land within the boundary of the wilderness area that is 
acquired by the United States after the date of enactment of this Act 
shall be added to, and administered as part of, the wilderness area.
    (e) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the land designated as the wilderness area--
                            (i) is within the Mojave Desert;
                            (ii) is arid in nature; and
                            (iii) includes ephemeral streams;
                    (B) the hydrology of the land designated as the 
                wilderness area is predominantly characterized by 
                complex flow patterns and alluvial fans with 
                impermanent channels;
                    (C) the subsurface hydrogeology of the region in 
                which the land designated as the wilderness area is 
                located is characterized by--
                            (i) groundwater subject to local and 
                        regional flow gradients; and
                            (ii) unconfined and artesian conditions;
                    (D) the land designated as the wilderness area is 
                generally not suitable for use or development of new 
                water resource facilities; and
                    (E) because of the unique nature and hydrology of 
                the desert land in the wilderness area, it is possible 
                to provide for proper management and protection of the 
                wilderness area and other values of land in ways 
                different from ways used in other laws.
            (2) Effect.--Nothing in this section--
                    (A) constitutes an express or implied reservation 
                by the United States of any water or water rights with 
                respect to the wilderness area;
                    (B) affects any water rights in the State 
                (including any water rights held by the United States) 
                in existence on the date of enactment of this Act;
                    (C) establishes a precedent with regard to any 
                future wilderness designations;
                    (D) affects the interpretation of, or any 
                designation made under, any other Act; or
                    (E) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (3) State water law.--The Secretary shall follow the 
        procedural and substantive requirements of State law in order 
        to obtain and hold any water rights not in existence on the 
        date of enactment of this Act with respect to the wilderness 
        area.
            (4) New projects.--
                    (A) Definition of water resource facility.--
                            (i) In general.--In this paragraph, the 
                        term ``water resource facility'' means an 
                        irrigation or pumping facility, reservoir, 
                        water conservation work, aqueduct, canal, 
                        ditch, pipeline, well, hydropower project, 
                        transmission or other ancillary facility, and 
                        other water diversion, storage, or carriage 
                        structure.
                            (ii) Exclusion.--In this paragraph, the 
                        term ``water resource facility'' does not 
                        include a wildlife guzzler.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this section, on and 
                after the date of enactment of this Act, neither the 
                President nor any other officer, employee, or agent of 
                the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new water resource facility within the wilderness area.
    (f) Wildfire, Insects, and Disease.--In accordance with section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may 
take such measures in the wilderness area as are necessary for the 
control of fire, insects, and diseases (including, as the Secretary 
determines to be appropriate, the coordination of the activities with a 
State or local agency).
    (g) Data Collection.--Subject to such terms and conditions as the 
Secretary may prescribe, nothing in this section precludes the 
installation and maintenance of hydrologic, meteorological, or 
climatological collection devices in the wilderness area, if the 
Secretary determines that the devices and access to the devices are 
essential to flood warning, flood control, or water reservoir operation 
activities.
    (h) Military Overflights.--Nothing in this section restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness area, including military overflights that can be 
        seen or heard within the wilderness area;
            (2) flight testing or evaluation; or
            (3) the designation or creation of new units of special use 
        airspace or the establishment of military flight training 
        routes, over the wilderness area.
    (i) Wildlife Management.--
            (1) In general.--In accordance with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 
        affects or diminishes the jurisdiction of the State with 
        respect to fish and wildlife management, including the 
        regulation of hunting, fishing, and trapping, in the wilderness 
        area.
            (2) Management activities.--In furtherance of the purposes 
        and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
        the Secretary may conduct any management activities in the 
        wilderness area that are necessary to maintain or restore fish 
        and wildlife populations and the habitats to support the 
        populations, if the activities are carried out--
                    (A) consistent with relevant wilderness management 
                plans or comprehensive conservation plans; and
                    (B) in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) appropriate policies, including 
                        policies authorizing the occasional and 
                        temporary use of motorized vehicles, if the 
                        use, as determined by the Secretary, would 
                        promote healthy, viable, and more naturally 
                        distributed wildlife populations that would 
                        enhance wilderness values with the minimal 
                        impact necessary to reasonably accomplish those 
                        tasks.
            (3) Existing activities.--In accordance with section 
        4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the State 
        may continue to use aircraft (including helicopters) to survey, 
        capture, transplant, monitor, and provide water for wildlife 
        populations.
            (4) Wildlife water development projects.--Subject to 
        subsection (e), the Secretary shall authorize structures and 
        facilities, including existing structures and facilities, for 
        wildlife water development projects, including guzzlers, in the 
        wilderness area if--
                    (A) the structures and facilities would, as 
                determined by the Secretary, enhance wilderness values 
                by promoting healthy, viable, and more naturally 
                distributed wildlife populations; and
                    (B) the visual impacts of the structures and 
                facilities on the wilderness area can reasonably be 
                minimized.
            (5) Hunting, fishing, and trapping.--
                    (A) In general.--The Secretary may designate areas 
                in which, and establish periods during which, for 
                reasons of public safety, administration, or compliance 
                with applicable laws, no hunting, fishing, or trapping 
                will be permitted in the wilderness area.
                    (B) Consultation.--Except in an emergency, the 
                Secretary shall consult with the appropriate State 
                agency and notify the public before taking any action 
                under subparagraph (A).
    (j) Preservation of Public Access.--The area depicted as ``Corn 
Creek / Alamo Road'' on the map entitled ``Desert National Wildlife 
Range Proposed Southern Paiute Wilderness Area'' and dated September 7, 
2023, shall be preserved for public access.
    (k) Effect of Act.--Nothing in this Act rescinds or precludes the 
continued management of any other area of the Desert National Wildlife 
Refuge as proposed wilderness until the date on which the area is 
designated as a component of the National Wilderness Preservation 
System by a subsequent Act of Congress.

SEC. 6. BUREAU OF LAND MANAGEMENT AND STATE OF NEVADA COOPERATIVE 
              AGREEMENT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the Interior shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that describes the 
status of the cooperative agreement authorized under section 2905(j)(6) 
of the James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (Public Law 117-263; 136 Stat. 3043).
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