[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2903-S2904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 781. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 2226, to authorize appropriations for
fiscal year 2024 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 10__. 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, 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 pipeline, 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 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.''.
(d) Preservation of Transportation, Utility Corridors, and
Management of Conservation Area.--Nothing in this section
(including an amendment made by this section)--
(1) includes in the expanded boundary of the Conservation
Area under the amendments made by subsection (b) 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) affects the existence, use, operation, maintenance,
repair, construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition, relocation
improvement funding, removal, or replacement of any utility
facility or appurtenant right-of-way within an existing
designated transportation and utility corridor within the
expanded boundary of the Conservation Area under the
amendments made by subsection (b);
(3) precludes the Secretary from authorizing the
establishment of a new utility facility right-of-way within
an existing designated transportation and utility corridor
within the expanded boundary of the Conservation Area under
the amendments made by subsection (b)--
(A) in accordance with--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) any other applicable law; and
(B) subject to such terms and conditions as the Secretary
determines to be appropriate;
(4) prohibits access to, or the repair or replacement of, a
transmission line within a right-of-way within the expanded
boundary of the Conservation Area under the amendments made
by subsection (b) that was issued before the date of
enactment of this Act; or
(5) 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. 10__. 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)--
(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
[[Page S2904]]
(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' has the meaning
given the term in the charter document for the entity
entitled `Apex Industrial Park Owners Association', which was
formed on April 9, 2001, and any successor documents to the
charter document, as on file with the Nevada Secretary of
State.''; 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 for the connection'' and
inserting ``Clark County, the City, and the Apex Industrial
Park Owners Association, individually or jointly, as
appropriate, for the connection'';
(B) by striking ``Kerr-McGee Site'' and inserting ``Kerr-
McGee Site and other land conveyed in accordance with this
Act''; and
(C) by inserting ``(or any successor map prepared by the
Secretary)'' after ``May 1989''; and
(2) in the third sentence, by inserting ``, the City, or
the Apex Industrial Park Owners Association, individually or
jointly, as appropriate,'' after ``Clark County''.
(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)--
(1) in subsection (c), by striking ``Pursuant'' and all
that follows through ``Clark County'' and inserting ``During
any period in which the requirements of section 6 are met,
pursuant to applicable law, the Secretary shall grant to
Clark County, the City, and the Apex Industrial Park Owners
Association''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking the last sentence and
inserting ``The withdrawal made by this subsection shall
continue in perpetuity for all land transferred in accordance
with this Act.''; and
(B) by adding at the end the following:
``(3) Mineral Materials Sale.--In the case of the sale of
mineral materials resulting from grading, land balancing, or
other activities on the surface of a parcel within the Apex
Site for which the United States retains an interest in the
minerals--
``(A) it shall be considered impracticable to obtain
competition for purposes of section 3602.31(a)(2) of title
43, Code of Federal Regulations (as in effect on the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2024); and
``(B) the sale shall be exempt from the quantity and term
limitations imposed on noncompetitive sales under subpart
3602 of that title (as in effect on the date of enactment of
the National Defense Authorization Act for Fiscal Year
2024).''.
(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.).''.
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