[Congressional Record Volume 159, Number 69 (Thursday, May 16, 2013)]
[Senate]
[Pages S3571-S3581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARDIN:
S. 969. A bill to amend the Neotropical Migratory Bird Conservation
Act to reauthorize the Act; to the Committee on Environment and Public
Works.
Mr. CARDIN. Mr. President, today, in honor of the 20th anniversary of
International Migratory Bird Day on May 11, I am introducing the
Neotropical Migratory Bird Conservation Act. More than half of the bird
species found in the U.S. migrate across our borders
[[Page S3572]]
and many of these spend our winter in Central and South America. This
bill promotes international cooperation for long-term conservation,
education, research, monitoring, and habitat protection for more than
350 species of neotropical migratory birds. Through its successful
competitive, matching grant program, the U.S. Fish and Wildlife Service
supports public-private partnerships in countries mostly in Latin
America and the Caribbean. Up to one quarter of the funds may be
awarded for domestic projects.
This legislation aims to sustain healthy populations of migratory
birds that are not only beautiful to look at but help our farmers by
consuming billions of harmful insect and rodent pests each year,
providing pollination services, and dispersing seeds. Migratory birds
face threats from pesticide pollution, deforestation, sprawl, and
invasive species that degrade their habitats in addition to the natural
risks of their extended flights. Birds are excellent indicators of the
health of an ecosystem. As such, it is troubling that, according to the
National Audubon Society, half of all coastally migrating shorebirds,
like the Common Tern and Piping Plover, are experiencing dramatic
population declines.
The Baltimore Oriole, the State bird of Maryland and one whose song
brightens all of the Northeastern U.S., has steadily declined in
population despite being protected by Federal law under the Migratory
Bird Treaty Act of 1918 and the state of Maryland's Nongame and
Endangered Species Conservation Act. Likewise, the iconic Red Knot
bird, whose legendary 9,000 mile migration centers on a stopover in the
Mid-Atlantic states, is decreasing in population quickly. Threats to
these beloved Maryland birds are mainly due to habitat destruction and
deforestation, particularly in the Central and South American countries
where the birds winter. In addition, international use of toxic
pesticides ingested by insects, which are then eaten by the birds, has
significantly contributed to this decline. Conservation efforts in our
country are essential, but investment in programs throughout the
migratory route of these and countless other migratory birds is
critical. This legislation accomplishes this goal.
The Neotropical Migratory Bird Conservation Act has a proven track
record of reversing habitat loss and advancing conservation strategies
for the broad range of neotropical birds that populate the United
States and the rest of the Western hemisphere. To date, the U.S. Fish
and Wildlife Service has administered these grants to support 422
projects in more than 35 countries. The $46.5 million that this program
has provided in grants has leveraged $178.5 million from partners,
almost four additional dollars for every one spent. More than 3.25
million acres of quality bird habitat have benefitted. In addition,
birding is among the wildlife watching activities that generate jobs
and income, approximately $2.7 billion annually, for the U.S. economy.
This legislation is cost-effective, budget-friendly, and has been a
highly successful federal program. This simple reauthorization bill
will make sure that this good work continues.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 969
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD
CONSERVATION ACT.
Section 10 of the Neotropical Migratory Bird Conservation
Act (16 U.S.C. 6109) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this Act such sums as are necessary for each of
fiscal years 2014 through 2019.
``(b) Use of Funds.--Of the amounts made available under
subsection (a) for each fiscal year, not less than 75 percent
shall be expended for projects carried out at a location
outside of the United States.''.
______
By Mr. CARDIN (for himself and Mr. Boozman):
S. 970. A bill to amend the Water Resources Research Act of 1984 to
reauthorize grants for and require applied water supply research
regarding the water resources research and technology institutes
established under the Act; to the Committee on Environment and Public
Works.
Mr. CARDIN. Mr. President, today I am introducing the Water Resources
Research Amendments Act. First authorized in 1964, the Water Resources
Research Act established 54 Water Resources Research Institutes at top
land grant universities in each of the 50 States and the U.S.
territories. These institutes created a grant program and provided
opportunities for applied water supply research. The bill I introduce
today would reauthorize the grant program for the next 5 years and
would add a program focused on research and development of green
infrastructure.
Water and the availability thereof is a defining characteristic of
U.S. landscape, culture, wealth, and security. Clean water is a
relatively rare and invaluable resource. Last year's funded projects
included research into the impacts of climate change on water supply
lakes, the development of better detection methods for pathogens in
drinking water, and the impacts of drought on farm supply chains. In my
own State, some of the tools we use for restoration of the Chesapeake
Bay were products of these same grants in previous years. WRRA
Researchers across the Mid-Atlantic States have developed ways to keep
the Chesapeake waters cleaner through urban stormwater treatment,
improved roadway design, and eco-friendly poultry farming practices.
WRRA-funded projects develop innovative and cost-effective solutions
for similar water resources issues across the country. Undoubtedly,
funding WRRA is an intelligent and necessary investment in the future
of our water resources.
WRRA authorizes two types of annual grants. First, it supplies grants
to each Water Resources Research Institute for research that fosters
improvements in water supply reliability, explores new ways to address
water problems, encourages dissemination of research to water managers
and the public, and encourages the entry of new scientists, engineers
and technicians into the water resources field. Second, WRRA authorizes
a national competitive grant program to address regional water issues.
All WRRA grants leverage non-federal dollars at a minimum ratio of 2 to
1, but often far beyond that level, as high as 5 to 1.
The Water Resources Research Act was most recently reauthorized in
2006, in PL 109-471. In that period, the program was authorized at
$12,000,000 per year, providing $6,000,000 each to state and
competitive project grants. Authorization for these grants expired in
fiscal year 2011. Today's bill would reauthorize both grant programs
for an additional 5 years by providing $7,500,000 for institutional
grants and $1,500,000 for national competitive grants. This lower
authorization level reflects our efforts to adjust for present fiscal
limitations. The proposed authorization maximizes the economic
efficiency of the program without compromising its efficacy. An
independent review panel has judged that the Water Resources Research
Institutes command significant funding leverage for the modest amount
of appropriations required to support it. Thus, we can be sure that we
are supporting top-notch science while maximizing cost-effectiveness.
Moreover, by funding this network of institutes we are investing in our
future. The Water Resources Research Institutes are the country's
single largest training program for water scientists, technicians, and
engineers.
Today, floods, droughts, and water degradation issues pervade the
nation. Simultaneously, water resources are increasingly critical for
production of resources, economic stability, and the health and well-
being of the citizenry. WRRA grants provide us with improved
understanding of water-related issues and better technology to address
them. Nearly half a century after the Water Resources Research grant
program was first put in place, this program is relevant, critical, and
deserving of our support.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 970
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S3573]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Resources Research
Amendments Act of 2013''.
SEC. 2. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Congressional Findings and Declarations.--Section 102
of the Water Resources Research Act of 1984 (42 U.S.C. 10301)
is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(2) in paragraph (8) (as so redesignated), by striking
``and'' at the end; and
(3) by inserting after paragraph (6) the following:
``(7) additional research is required into increasing the
effectiveness and efficiency of new and existing treatment
works through alternative approaches, including--
``(A) nonstructural alternatives;
``(B) decentralized approaches;
``(C) water use efficiency; and
``(D) actions to reduce energy consumption or extract
energy from wastewater;''.
(b) Clarification of Research Activities.--Section
104(b)(1) of the Water Resources Research Act of 1984 (42
U.S.C. 10303(b)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''.
(c) Compliance Report.--Section 104(c) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(c)) is
amended--
(1) by striking ``From the'' and inserting ``(1) In
general.--From the''; and
(2) by adding at the end the following:
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient
with this subsection for the immediately preceding fiscal
year.''.
(d) Evaluation of Water Resources Research Program.--
Section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303) is amended by striking subsection (e) and
inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every
3 years to determine--
``(A) the quality and relevance of the water resources
research of the institute;
``(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
``(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.''.
(e) Authorization of Appropriations.--Section 104(f)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(f)(1)) is amended by striking ``$12,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$7,500,000
for each of fiscal years 2013 through 2018''.
(f) Additional Appropriations Where Research Focused on
Water Problems of Interstate Nature.--Section 104(g)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(g)(1)) is amended by striking ``$6,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$1,500,000
for each of fiscal years 2013 through 2018''.
______
By Mr. WYDEN (for himself, Mr. Crapo, Mr. Baucus, and Mr. Risch):
S. 971. A bill to amend the Federal Water Pollution Control Act to
exempt the conduct of silvicultural activities from national pollutant
discharge elimination system permitting requirements; to the Committee
on Environment and Public Works.
Mr. WYDEN. Mr. President, today I rise to reintroduce the
Silviculture Regulatory Consistency Act with my colleague Senator
Crapo. This legislation would end the legal uncertainty facing the
timber industry by enacting legislation to preserve the Environmental
Protection Agency's 37-year old policy treating forest roads as non-
point sources under the Clean Water Act.
For 37 years, the EPA has maintained that forest roads are non-point
sources. Furthermore, in March of this year, the U.S. Supreme Court
overturned the Ninth Circuit Court of Appeals' ruling on forest roads,
upholding EPA's authority to regulate forest roads as nonpoint sources
under the Clean Water Act. Various studies show that if the EPA were to
change their decades-long position and require Federal, State, county,
tribal and private forest road owners to obtain a point source permit,
the cost could reach billions of dollars and cost thousands of jobs.
The Pacific Northwest needs more jobs in the woods. The way to do that
is to get the timber cut up and to stop litigating questions that have
already been answered.
In the 112th Congress, Senator Crapo and I introduced similar
legislation on forest roads. The legislation we introduce today is
different in only two respects. First, the bill includes new language
to prevent forest roads from being otherwise regulated by the EPA. This
language is needed because in its March 2013 decision, the U.S. Supreme
Court upheld the EPA's authority to regulate forest roads as non-point
sources, and therefore not require mandatory point source permits;
however, it did not address the Ninth Circuit's previous ruling that
forest roads are point sources. As a result, the EPA must respond to
the Court's ruling that the EPA use its discretionary authority to
determine whether or not to regulate forest roads as point sources.
This will inevitably result in further litigation over permits for
forest roads.
Second, the bill we introduce today includes the language adopted
last year by the House Transportation and Infrastructure Committee to
clarify the list of forest activities the EPA will not regulate as
point sources. The Committee favorable reported the bill with this
addition.
Let me be clear. This legislation upholds an existing EPA regulation.
Furthermore, this legislation does not weaken the Clean Water Act. The
Clean Water Act remains in the same force as it has since it was
enacted in 1972.
The introduction of this bill begins the legislative process. There
will be an opportunity for hearings, testimony provided by witnesses
and Federal agencies, and public dialogue on this bill. It is my hope
that this legislation will provide the certainty that the timber
industry needs to increase jobs in the woods, get the timber cut up,
and put an end to litigating the question of whether or not EPA has the
authority to regulate forest roads as non-point sources.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 971
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 ``Silviculture Regulatory
Consistency Act''.
SEC. 2. SILVICULTURAL ACTIVITIES.
Section 402(l) of the Federal Water Pollution Control Act
(33 U.S.C. 1342(l)) is amended by adding at the end the
following:
``(3) Silvicultural activities.--
``(A) NPDES permit requirements for silvicultural
activities.--The Administrator shall not require a permit or
otherwise promulgate regulations under this section or
directly or indirectly require any State to require a permit
under this section for a discharge of stormwater runoff
resulting from the conduct of the following silvicultural
activities: nursery operations, site preparation,
reforestation and subsequent cultural treatment, thinning,
prescribed burning, pest and fire control, harvesting
operations, surface drainage, and road use, construction, and
maintenance.
``(B) Permits for dredged or fill material.--Nothing in
this paragraph exempts a silvicultural activity resulting in
the discharge of dredged or fill material from any permitting
requirement under section 404.''.
______
By Mr. REID (for himself and Mr. Heller):
S. 974. A bill to provide for certain land conveyances in the State
of Nevada, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 974
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.
[[Page S3574]]
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. l 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
[[Page S3575]]
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.
[[Page S3576]]
(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
[[Page S3577]]
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
[[Page S3578]]
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).
[[Page S3579]]
(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.
______
By Mr. MENENDEZ (for himself, Mr. Reid, Mr. Cardin, Mr. Kaine,
Mrs. Boxer, Mr. Murphy, and Mrs. Feinstein):
S. 980. A bill to provide for enhanced embassy security, and for
other purposes; to the Committee on Foreign Relations.
Mr. MENENDEZ. Mr. President, I rise at this moment, as chairman of
the Senate Foreign Relations Committee, outraged at the implication
that we in the Senate have not done enough to investigate what has
happened in Benghazi; that we have not investigated it thoroughly; that
we have not looked at the details, have not analyzed the information--
classified and unclassified--that has come before us.
The committee has held four hearings--four--on the attack on Special
Mission Benghazi. The very first hearing I chaired in January was on
this topic with Secretary Clinton. In fact, we postponed the nomination
hearing of Senator Kerry so that Secretary Clinton could come before us
and explain what happened and why, despite her medical condition at the
time.
Let's make that very clear. One of the very first things we did,
despite a pending nomination of a new Secretary, and the sitting
Secretary's medical concerns, was to hold a hearing on this topic and
air the facts. Prior to that, Chairman Kerry held a hearing of the
committee on December 20 on the events that transpired in Benghazi with
Deputy Secretaries Burns and Nides. There were also two classified
briefings in December specifically on the circumstances surrounding the
attack. The December 13 briefing included a video of the attack with
high level officials from State, the Joint Staff, Defense Department,
the FBI, and the intelligence community. They included Patrick Kennedy,
Under Secretary of State for Management at State; Matthew Olsen,
Director of the National Counterterrorism Center; Maj. Gen. Darryl
Roberson, Vice Director of Operations at the Joint Staff; Gary Reid,
Principal Deputy Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict; Jenny Ley, Deputy Assistant Director at the
FBI.
On December 19, there was a high-level classified briefing with the
Accountability Review Board with Ambassador Pickering and Admiral
Mullen.
At his nomination hearing in January, Secretary Kerry also fully
addressed this issue and then again at the committee's annual budget
hearing this past April. Last week, the nominee to be our new
Ambassador to Libya, Deborah Kay Jones, testified before the full
committee--another opportunity for my friends on the other side to ask
questions, to get the truth, not create their own truth for political
purposes. That hearing was yet another opportunity to ask questions
about the security situation on the ground. Yet Republican
participation was limited to just a handful of Members.
We have fully vetted this issue. We have held hearing after hearing.
We have, on both sides, had the opportunity to have our questions
answered. In fact, in total, between the House and the Senate, there
have been 11 hearings on Benghazi, 25,000 pages of documents released,
and now a full e-mail history of the interagency process.
[[Page S3580]]
Our focus now should not be on the work product of the CIA or State
on draft talking points we have seen in hundreds of e-mails released by
the White House yesterday; it should not be to score political points
at the expense of the families of the four victims. It should be on
doing all we can to protect our personnel serving overseas and
providing the necessary oversight and legislative authority to carry
out the Administrative Review Board's recommendations.
I would remind my friends and the American people that nothing has
changed. The facts remain the facts. They are the same today as they
were in September, in October, in November, in December, and in
January. It is the rhetoric and the political calculus that has
changed. In fact, the e-mails released by the White House further
demonstrate that point.
The original CIA-produced talking points, notably produced as the
result of a request by the House Intelligence Committee for media
interviews, clearly show that in the days immediately after the attack,
the intelligence community was not sure what exactly happened or who
was responsible. The points produced by the CIA said the agency's
belief the events in Benghazi were spontaneously inspired by the
protests at the U.S. Embassy in Cairo and evolved into a direct assault
against the U.S. diplomatic post in Benghazi and subsequently its
annex. That point stays in the talking points from beginning to end of
the interagency process, with no debate, and is conveyed to the House
Intelligence Committee.
Throughout the e-mail discussions, the agency makes clear their
information is limited and that there is a lot they simply don't know.
In fact, the National Counterterrorism Center says in one e-mail:
At this point we are not aware of any actionable
intelligence that this attack was planned or imminent. The
intelligence community is combing through reporting from
before and after the attack to determine the full extent of
who was involved.
It became clear over time that this was, in fact, a calculated
terrorist attack, but there was no political calculation involved in
the initial assessment.
So let's be honest about what is happening here. It is not about
doing all we can to find the truth and making sure it never happens
again; it is about political gamesmanship and finding someone to blame.
I remind my friends, and the American people, again, nothing has
changed. Some wish to make this a political issue to drive a purely
political agenda. I believe our real focus, our honest focus, and what
the American people truly care about is the security of our missions
and the safety of our personnel. That has been, and will remain, the
clear focus of the Foreign Relations Committee going forward, and I
hope we will have the support of our Republican colleagues.
In my view the Monday morning quarterbacking on this issue is
politically driven--a perspective shared by former Republican Defense
Secretary Gates, who said on Sunday: ``Frankly, I think my decisions
would have been just as theirs were'' with regard to sending in Special
Forces teams or overflights by fighter aircraft based in Italy.
Former Secretary Gates said:
Without knowing what the environment is, without knowing
what the threat is, without having any intelligence in terms
of what is actually going on, on the ground, would have been
very dangerous.
So I think we have common interests. I have been working hard to
ensure full implementation of all 29 recommendations made by the
Administrative Review Board--recommendations to ensure that going
forward we are providing adequate personnel and resources to meet local
conditions at more than 280 facilities in over 180 countries around the
world, specifically where host nations are unable to provide adequate
protection to our diplomats. I call on our Republican colleagues to
join us in that effort.
Today, I am introducing legislation. I hope we will be able to count
on the support of all of our colleagues to enact this crucial, time-
sensitive legislation without delay, without obstruction, and without
political grandstanding.
The bill will provide authority to fund the Capital Security Cost
Sharing Program to permit us to move forward with construction at high-
risk, high-threat posts. This account was created following the U.S.
Embassy bombings in Kenya and in Tanzania, and at that time it would
have allowed us to construct 8 to 10 facilities per year. However, the
way the Congress is funding it, it presently is funding for
construction of just two to three facilities per year, despite the fact
that there are at least two dozen posts that fall into that high-risk,
high-threat category. At that rate it will take us over 8 years to get
around to construction at just the posts with the highest risk of
attack.
The bill authorizes funding for Arabic language training and for a
Foreign Affairs Security Training Center to train diplomatic security
personnel. It provides contract authority to the State Department to
allow it to award contracts on a best value basis rather than to the
lowest bidder where conditions require enhanced levels of security. At
the administration's request, the bill will authorize disciplinary
action in cases of unsatisfactory leadership by senior officials
related to a security incident, which does not presently exist. This
will allow appropriate disciplinary action to be taken against any
future officials in a circumstance such as Benghazi.
The bill requires planning to incorporate additional marine security
guards at overseas facilities, and it requires extensive reporting on
State's implementation of the Accountability Review Board's
recommendations on the designation of high-risk, high-threat posts.
I hope we can work together to do what has to be done to protect
those who serve this Nation abroad. If we want to address the problem,
we have an opportunity to do it. If we want to score political points,
fine, but do not do it at the risk of American lives. Let's work
together to fix the problem, not use it for political advantage.
______
By Mr. CORNYN:
S. 983. A bill to prohibit the Secretary of the Treasury from
enforcing the Patient Protection and Affordable Care Act and the Health
Care and Education Reconciliation Act of 2010; to the Committee on
Finance.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 983
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 ``Keep the IRS Off Your Health
Care Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On May 10, 2013, the Internal Revenue Service admitted
that it singled out advocacy groups, based on ideology,
seeking tax-exempt status.
(2) This action raises pertinent questions about the
agency's ability to implement and oversee the Patient
Protection and Affordable Care Act (Public Law 111-148) and
the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152).
(3) This action could be an indication of future Internal
Revenue Service abuses in relation to the Patient Protection
and Affordable Care Act and the Health Care and Education
Reconciliation Act of 2010, given that it is their
responsibility to enforce a key provision, the individual
mandate.
(4) Americans accept the principle that patients, families,
and doctors should be making medical decisions, not the
Federal Government.
SEC. 3. PROHIBITING ENFORCEMENT OF PPACA AND HCERA.
The Secretary of the Treasury, or any delegate of the
Secretary, shall not implement or enforce any provisions of
or amendments made by the Patient Protection and Affordable
Care Act (Public Law 111-148) or the Health Care and
Education Reconciliation Act of 2010 (Public Law 111-152).
[[Page S3581]]
____________________