[Senate Report 118-147]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 299

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-147

======================================================================
 
    SLOAN CANYON CONSERVATION AND HORIZON LATERAL WATER PIPELINE ACT

                                _______
                                

               December 20, 2023.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 2042]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2042), to amend the Sloan Canyon National 
Conservation Area Act to adjust the boundary of the Sloan 
Canyon National Conservation Area, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                               Amendment

    Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Sloan Canyon Conservation and 
Lateral Pipeline Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (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).

SEC. 3. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.

    (a) 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''.
    (b) 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.''.
    (c) Preservation of Transmission and Utility Corridors and Rights-
of-Way.--The expansion of the Conservation Area boundary under the 
amendment made by subsection (a)--
          (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 
        (b), 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).

                                Purpose

    The purpose of S. 2042 is to adjust the boundary of the 
Sloan Canyon National Conservation Area in Nevada to include 
additional lands and to authorize a right-of-way for the 
Horizon Lateral water pipeline across a portion of the national 
conservation area.

                          Background and Need

    Established in 2002 by Public Law 107-282, the Sloan Canyon 
National Conservation Area protects 48,438 acres of the Mojave 
Desert near Las Vegas. The national conservation area includes 
the Sloan Petroglyph Site, which contains more than 300 rock 
panels and over 1,700 rock designs, and is a popular 
recreational site. S. 2042 would expand the national 
conservation area by 9,290 acres, increasing the total acreage 
to 57,728 acres.
    S. 2042 would also require the Bureau of Land Management to 
grant the Southern Nevada Water Authority a right-of-way across 
a portion of the national conservation area to install the 
Horizon Lateral Water Pipeline. As the Las Vegas Valley 
population has been growing, so has the need for a reliable 
water supply. The Southern Nevada Water Authority currently 
operates one water pipeline that serves approximately 40 
percent of the residents and businesses in the Las Vegas 
Valley, including the City of Henderson. The addition of the 
Horizon Lateral Water Pipeline would increase the reliability 
of the water supply to the Las Vegas Valley.

                          Legislative History

    S. 2042 was introduced on June 15, 2023 by Senator Cortez 
Masto. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 2042 on July 12, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 2042, if amended as described herein. Senator Lee asked to 
be recorded as voting no.

                          Committee Amendment

    During its consideration of S. 2042, the committee adopted 
an amendment in the nature of a substitute. The amendment 
confirms the use of the land and clarifies that a pipeline can 
move through a National Conservation Area. The amendment also 
includes requirements for the right-of-way issued to allow the 
Secretary to include reasonable terms and conditions consistent 
with the Federal Land Policy Management Act of 1976 and 
requires the pipeline to not be located through a wilderness 
designated area and adversely affect surface resources of the 
Conservation Area.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 contains the short title, the ``Sloan Canyon 
Conservation and Lateral Pipeline Act.''

Section 2. Definitions

    Section 2 provides key definitions in the bill.

Section 3. Sloan Canyon National Conservation Area Boundary Adjustment

    Paragraph (a) adjusts the boundary of the Sloan Canyon 
National Conservation Area (NCA) to include approximately 9,290 
additional acres.
    Paragraph (b) amends Sec. 605 of the Sloan Canyon National 
Conservation Area Act to grant the Southern Nevada Water 
Authority (Authority) access to rights-of-way for operating 
water transmission facilities. It also authorizes the Authority 
to use or dispose of certain materials to fulfill the rights-
of-way established by the bill. Lastly, it requires the 
Secretary and the Authority to enter into a memorandum of 
understanding to perform the use or disposal of certain 
materials within the right-of-way.
    Paragraph (c) clarifies that the expansion of the NCA 
boundary is subject to valid existing rights and clarifies that 
any record of decision approved by the Secretary would not 
prevent operations relating to existing rights-of-way and 
operations, as well as future rights-of-way within existing 
corridors.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 2042 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2042. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 2042, as ordered reported.

                   Congressionally Directed Spending

    S. 2042, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management at 
the Subcommittee on Public Lands, Forests, and Mining on July 
12, 2023, hearing on S. 2042 follows:

     Statement of Thomas Heinlein, Assistant Director for National 
Conservation Lands & Community Partnerships, Bureau of Land Management, 
                    U.S. Department of the Interior


   s. 2042, sloan canyon conservation & horizon lateral pipeline act


    S. 2042 would amend the Clark County Conservation of Public 
Land and Natural Resources Act of 2002 by expanding the Sloan 
Canyon NCA in Clark County, Nevada, by adding approximately 
9,000 acres of public land managed by the Bureau of Land 
Management (BLM). The bill would also require the Secretary to 
grant a free, permanent right-of-way (ROW) to the Southern 
Nevada Water Authority (SNWA) through the Sloan Canyon NCA 
within one year of enactment. Finally, the bill would allow 
SNWA to use any displaced sand and gravel resources within the 
ROW without cost.
Analysis
    Clark County, located in southern Nevada, is home to over 
2.2 million people, as well as significant historic, cultural, 
and paleontological treasures. The BLM manages approximately 
2.6 million acres of public lands within Clark County for a 
wide range of multiple uses. These include various recreational 
activities, such as hiking, camping, horseback riding, and off-
highway vehicle (OHV) riding, renewable energy projects, 
rights-of-ways for utilities, and mineral development. Notably, 
Clark County contains iconic BLM-managed recreation and 
conservation areas, such as the Red Rock Canyon NCA, Sloan 
Canyon NCA, and the Gold Butte National Monument.
Sloan Canyon National Conservation Area
    In 2002, Congress designated 48,438 acres of BLM-managed 
lands as the Sloan Canyon NCA in southern Nevada. The 
designation was made to preserve and protect the natural and 
cultural resources located in the southern Mojave Desert. The 
Sloan Canyon NCA provides outstanding opportunities for 
visitors who wish to experience the unique scenic and geologic 
features, remarkable cultural resources, and diverse recreation 
possibilities within the area.
    In addition, the Sloan Canyon NCA includes the Sloan Canyon 
Petroglyph Site and the North McCullough Wilderness. The Sloan 
Canyon Petroglyph site is one of the most significant, scenic, 
and important cultural resources in southern Nevada, containing 
more than 300 rock art panels and nearly 1,700 designs 
representing native cultures dating from the Archaic period to 
the modern era. The 14,763-acre North McCullough Wilderness 
lies entirely within the Sloan Canyon NCA and contains unique 
and spectacular natural resources, including thousands of acres 
of pristine land that remain in a natural state. The wilderness 
is located only a few miles from Las Vegas and the City of 
Henderson, Nevada, and provides opportunities for solitude and 
a primitive and unconfined type of recreation in close 
proximity to two of the busiest and most densely populated 
cities in the state.
    S. 2042 would expand the existing NCA by adding over 9,000 
acres of BLM-managed public lands. The BLM notes that the 
majority of the lands identified for inclusion in the NCA are 
currently being used for dispersed recreation, off-highway 
vehicle use, and recreational shooting.
    The BLM generally supports expanding this NCA but would 
like to work with the sponsor to ensure any lands included 
would be consistent with the stated purpose of the NCA.
Rights-of-Way
    Under the FLPMA, the BLM issues ROWs for a variety of uses 
that are in the public interest. A ROW grant authorizes rights 
and privileges for a specific use of the land for a specified 
period that is appropriate for the life of the project. FLPMA 
further requires the BLM to charge rental fees that reflect the 
value of the uses authorized by the ROW. Pursuant to the 
Southern Nevada Public Land Management Act of 1998, SNWA, 
defined as a regional governmental entity in that Act, upon 
application shall be issued a ROW on Federal lands in Clark 
County, Nevada, that is valid in perpetuity and shall not 
require the payment of rental or cost recovery fees.
    S. 2042 would grant a permanent, free ROW to SNWA to 
construct and maintain a water pipeline. In 2021, BLM rejected 
a similar ROW request from SNWA for the construction of an 
underground water pipeline in the Sloan Canyon NCA as 
inconsistent with the purposes of the NCA as designated by 
Congress. The BLM is also concerned that the bill's mandate for 
a permanent ROW for a water pipeline could compromise the 
natural values that the NCA was specifically designated to 
protect. The permanent ROW granted by the bill is for a surface 
access road as well as the water pipeline, both of which would 
involve surface disturbing activities. The BLM remains 
committed to ensuring the core values and resources identified 
for protection by the creation of the Sloan Canyon NCA remain 
protected.
    If the bill moves forward, the Department would like to 
work with the sponsor to ensure that any ROW issued by the BLM 
follows the established requirements for the ROW. The 
Department also notes that the one-year timeframe to issue the 
ROW provided by the bill is insufficient to complete the Tribal 
consultation and environmental analysis required by law and 
regulation.
Federal Minerals
    The Mineral Materials Act of 1947 removed ``common 
varieties'' of certain widespread minerals of common 
occurrence, such as sand and gravel, from disposal under the 
Mining Law, and instead made them subject to sale or permit. 
The Mineral Materials Act established a process to provide the 
taxpayer with a fair return for those minerals that are 
disposed of through sale or lease.
    S. 2042 would allow SNWA to use any displaced sand and 
gravel resources within the ROW created by the bill without 
cost. The Department would like to work with the Sponsor on 
modifications to ensure that taxpayers receive a fair return 
for the use of mineral materials by the SNWA, as directed by 
the Mineral Materials Act and other applicable law.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2042, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

              SLOAN CANYON NATIONAL CONSERVATION AREA ACT

 Title VI of the Clark County Conservation of Public Land and Natural 
                         Resources Act of 2002


                           Public Law 107-282


  AN ACT To establish wilderness areas, promote conservation, improve 
public land, and provide for high quality development in Clark County, 
Nevada, and for other purposes.

           *       *       *       *       *       *       *


TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA

           *       *       *       *       *       *       *


SEC. 603. DEFINITIONS.

    In this title:
          (1) Conservation Area.--The term ``Conservation 
        Area'' means the Sloan Canyon National Conservation 
        Area established by section 604(a).
          (2) Federal Parcel.--The term ``Federal parcel'' 
        means the parcel of Federal land consisting of 
        approximately 500 acres that is identified as Tract A 
        on the map entitled ``Southern Nevada Public Land 
        Management Act'' and dated October 1, 2002.
          (3) Management Plan.--The term ``management plan'' 
        means the management plan for the Conservation Area 
        developed under section 605(b).
          (4) Map.--The term ``map'' means the [map entitled 
        ``Southern Nevada Public Land Management Act'' and 
        dated October 1, 2002] map entitled ``Proposed Sloan 
        Canyon Expansion'' and dated June 7, 2023.

SEC. 604. ESTABLISHMENT.

    (a) In general.--For the purpose described in section 602, 
there is established in the State a conservation area to be 
known as the Sloan Canyon National Conservation Area.
    (b) Area Included.--The Conservation Area shall consist of 
approximately [48,438] 57,728 acres of public land in the 
County, as generally depicted on the map.
    (c) Map and Legal Description.--
          (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a map and legal description of the 
        Conservation Area.
          (2) Effect.--The map and legal description shall have 
        the same force and effect as if included in this 
        section, except that the Secretary may correct minor 
        errors in the map or legal description.
          (3) Public availability.--A copy of the map and legal 
        description shall be on file and available for public 
        inspection in the appropriate office of the Bureau of 
        Land Management.

SEC. 605. MANAGEMENT.

    (a) In General.--The Secretary, acting through the Director 
of the Bureau of Land Management, shall manage the Conservation 
Area--
          (1) in a manner that conserves, protects, and 
        enhances the resources of the Conservation Area; and
          (2) in accordance with--
                  (A) the Federal Land Policy and Management 
                Act of 1976; and
                  (B) other applicable law, including this Act.
    (b) Management Plan.--
                  (1) In general.--Not later than 3 years after 
                the date of enactment of this Act, the 
                Secretary, in consultation with the State, the 
                city of Henderson, the County, and any other 
                interested persons, shall develop a management 
                plan for the Conservation Area.
          (2) Requirements.--The management plan shall--
                  (A) describe the appropriate uses and 
                management of the Conservation Area;
                  (B)(i) authorize the use of motorized 
                vehicles in the Conservation Area--
                          (I) for installing, repairing, 
                        maintaining, and reconstructing water 
                        development projects, including 
                        guzzlers, that would enhance the 
                        Conservation Area by promoting healthy, 
                        viable, and more naturally distributed 
                        wildlife populations; and
                          (II) subject to any limitations that 
                        are not more restrictive than the 
                        limitations on such uses authorized in 
                        wilderness areas under section 208; and
                          (ii) include or provide 
                        recommendations on ways of minimizing 
                        the visual impacts of such activities 
                        on the Conservation Area;
                  (C) include a plan for litter cleanup and 
                public lands awareness campaign on public lands 
                in and around the Conservation Area; and
                  (D) include a recommendation on the location 
                for a right-of-way for a rural roadway to 
                provide the city of Henderson with access to 
                the Conservation Area, in accordance with the 
                application numbered N-65874.
    (c) Uses.--The Secretary shall allow only such uses of the 
Conservation Area that the Secretary determines will further 
the purpose described in section 602.
    (d) Motorized Vehicles.--Except as needed for 
administrative purposes or to respond to an emergency, the use 
of motorized vehicles in the Conservation Area shall be 
permitted only on roads and trails designated for the use of 
motorized vehicles by the management plan developed under 
subsection (b).
    (e) Withdrawal.--
          (1) In general.-- Subject to valid existing rights, 
        all public land in the Conservation Area is withdrawn 
        from--
                  (A) all forms of entry and appropriation 
                under the public land laws;
                  (B) location, entry, and patent under the 
                mining laws; and
                  (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
          (2) Additional land.--Notwithstanding any other 
        provision of law, if the Secretary acquires mineral or 
        other interests in a parcel of land within the 
        Conservation Area after the date of enactment of this 
        Act, the parcel is withdrawn from operation of the laws 
        referred to in paragraph (1) on the date of acquisition 
        of the land.
    (f) Hunting, Fishing, and Trapping.--
          (1) In general.--Nothing in this title affects the 
        jurisdiction of the State with respect to fish and 
        wildlife, including hunting, fishing, and trapping in 
        the Conservation Area.
          (2) Limitations.--
                  (A) Regulations.--The Secretary may designate 
                by regulation areas in which, and establish 
                periods during which, for reasons of public 
                safety, administration, or compliance with 
                applicable laws, no hunting, fishing, or 
                trapping will be permitted in the Conservation 
                Area.
                  (B) Consultation.--Except in emergencies, the 
                Secretary shall consult with the appropriate 
                State agency before promulgating regulations 
                under subparagraph (A) that close a portion of 
                the Conservation Area to hunting, fishing, or 
                trapping.
    (g) No Buffer Zones.--
          (1) In general.--The establishment of the 
        Conservation Area shall not create an express or 
        implied protective perimeter or buffer zone around the 
        Conservation Area.
          (2) Private Land.--If the use of, or conduct of an 
        activity on, private land that shares a boundary with 
        the Conservation Area is consistent with applicable 
        law, nothing in this title concerning the establishment 
        of the Conservation Area shall prohibit or limit the 
        use or conduct of the activity.
    (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.

           *       *       *       *       *       *       *


                                    [all]