[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3023-S3024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 850. 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

[[Page S3024]]

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

     SEC. 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
       (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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