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Code · BILL · 113th Congress · H.R. 3979 (EAH) — 113 HR 3979 EAH: Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 3092

Sec. 3092. Miscellaneous issues related to Las Vegas valley public land and Tule Springs Fossil Beds National Monument

6,715 words·~31 min read·/bill/113/hr/3979/eah/section-3092

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subsection: The term Council means the Tule Springs Fossil Beds National Monument Advisory Council established by paragraph (6)(A). The term County means Clark County, Nevada. The term local government means the City of Las Vegas, City of North Las Vegas, or the County. The term management plan means the management plan for the Monument developed under paragraph (3)(E). The term Map means the map entitled “Tule Springs Fossil Beds National Monument Proposed Boundary”, numbered 963/123,142, and dated December 2013.
The term Monument means the Tule Springs Fossil Beds National Monument established by paragraph (2)(A). 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 ). 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.
The term qualified electric utility means any public or private utility determined by the Secretary to be technically and financially capable of developing the high-voltage transmission facilities described in paragraph (4). The term Secretary means the Secretary of the Interior. The term State means the State of Nevada. 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 paragraph, there is established in the State, subject to valid existing rights, the Tule Springs Fossil Beds National Monument.
The Monument shall consist of approximately 22,650 acres of public land in the County identified as Tule Springs Fossil Beds National Monument , as generally depicted on the Map. As soon as practicable after the date of enactment of this section, the Secretary shall prepare an official map and legal description of the boundaries of the Monument. The map and legal description prepared under clause
(i)shall have the same force and effect as if included in this subsection, except that the Secretary may correct any clerical or typographical errors in the legal description or the map. The map and legal description prepared under clause
(i)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. Subject to clause (ii), the Secretary may acquire land or interests in land within the boundaries of the Monument by donation, purchase from a willing seller with donated or appropriated funds, exchange, or transfer from another Federal agency. Land or interests in land that are owned by the State or a political subdivision of the State may be acquired under clause
(i)only by donation or exchange. No land or interest in land may be acquired under clause
(i)by condemnation. Subject to valid existing rights and paragraphs
(4)and (5), 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 section is withdrawn from— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws. The Secretary shall credit, on an acre-for-acre basis, approximately 22,650 acres of the land conserved for the Monument under this section toward the development of additional non-Federal land within the County through an amendment to the Clark County Multi-Species Habitat Conservation Plan. Nothing in this section otherwise limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan. The Upper Las Vegas Wash Conservation Transfer Area established by the Record of Decision dated October 21, 2011, for the Upper Las Vegas Wash Conservation Transfer Area Final Supplemental Environmental Impact Statement, is terminated. 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. The Secretary shall administer the Monument— in a manner that conserves, protects, interprets, and enhances the resources and values of the Monument; and in accordance with— this subsection; the provisions of laws generally applicable to units of the National Park System (including the National Park Service Organic Act ( 16 U.S.C. 1 et seq. )); and any other applicable laws. The establishment of the Monument shall not— lead to the creation of express or implied protective perimeters or buffer zones around or over the Monument; 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; or 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. Nothing in this section alters the standards governing air or water quality outside the boundary of the Monument. Not later than 3 years after the date on which funds are made available to carry out this subparagraph, the Secretary shall develop a management plan that provides for the long-term protection and management of the Monument. The management plan— shall— be prepared in accordance with section 12(b) of the National Park System General Authorities Act ( 16 U.S.C. 1a–7(b) ); and consistent with this subsection and the purposes of the Monument, allow for continued scientific research at the Monument; and may— incorporate any appropriate decisions contained in an existing management or activity plan for the land designated as the Monument under paragraph (2)(A); and 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 section. In preparing the management plan, the Secretary shall— consult with, and take into account the comments and recommendations of, the Council; provide an opportunity for public involvement in the preparation and review of the management plan, including holding public meetings; consider public comments received as part of the public review and comment process of the management plan; and 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. The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to the onsite exhibition and curation of the resources, to the extent practicable. 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 clause (i). On receipt of a complete application from a qualified electric utility, the Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. )), shall issue to the qualified electric utility a 400-foot-wide right-of-way for the construction and maintenance of high-voltage transmission facilities depicted on the map entitled North Las Vegas Valley Overview and dated November 5, 2013, as Renewable Energy Transmission Corridor if the high-voltage transmission facilities do not conflict with other previously authorized rights-of-way within the corridor. The high-voltage transmission facilities shall— be used— primarily, to the maximum extent practicable, for renewable energy resources; and 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 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. The Secretary shall consult with the qualified electric utility that is issued the right-of-way under subparagraph
(A)and the public utilities regulator of the State to seek to maximize the capacity of the high-voltage transmission facilities. The issuance of a notice to proceed on the construction of the high-voltage transmission facilities within the right-of-way under subparagraph
(A)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. The right-of-way issued under subparagraph
(A)shall expire on the date that is 15 years after the date of enactment of this section if construction of the high-voltage transmission facilities described in subparagraph
(A)has not been initiated by that date, unless the Secretary determines that it is in the public interest to continue the right-of-way. On receipt of 1 or more complete applications from a public water agency and except as provided in clause (ii), the Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. )), shall issue to the public water agency a 100-foot-wide 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 entitled North Las Vegas Valley Overview and dated November 5, 2013. A public water agency right-of-way shall not be granted under clause
(i)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. On receipt of 1 or more complete applications from a unit of local government or public water agency, the Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. )), shall issue to the unit of local government or public water agency a 100-foot-wide 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. 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. 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. The issuance of a notice to proceed on the construction of the water conveyance facilities within the right-of-way under subparagraph
(A)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. To provide guidance for the management of the Monument, there is established the Tule Springs Fossil Beds National Monument Advisory Council. The Council shall consist of 10 members, to be appointed by the Secretary, of whom— 1 member shall be a member of, or be nominated by, the County Commission; 1 member shall be a member of, or be nominated by, the city council of Las Vegas, Nevada; 1 member shall be a member of, or be nominated by, the city council of North Las Vegas, Nevada; 1 member shall be a member of, or be nominated by, the tribal council of the Las Vegas Paiute Tribe; 1 member shall be a representative of the conservation community in southern Nevada; 1 member shall be a representative of Nellis Air Force Base; 1 member shall be nominated by the State; 1 member shall reside in the County and have a background that reflects the purposes for which the Monument was established; and 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. Not later than 180 days after the date of enactment of this section, the Secretary shall appoint the initial members of the Council in accordance with clause (i). The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. Members of the Council shall receive no compensation for serving on the Council. Subject to clause (ii), the Council shall elect a Chairperson from among the members of the Council. The Chairperson shall not be a member of a Federal or State agency. The term of the Chairperson shall be 3 years. The term of a member of the Council shall be 3 years. Notwithstanding the expiration of a 3-year term of a member of the Council, a member may continue to serve on the Council until— the member is reappointed by the Secretary; or a successor is appointed. A vacancy on the Council shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy on the Council— shall serve for the remainder of the term for which the predecessor was appointed; and may be nominated for a subsequent term. 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 section. Subject to valid existing rights, the land identified on the Map as BLM Withdrawn Lands is withdrawn from— entry under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, geothermal leasing, and mineral materials laws. In this subsection: 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. ). The term Map means the map entitled North Las Vegas Valley Overview and dated November 5, 2013. The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. The Conservation Area is expanded to include the land depicted on the Map as Additions to Red Rock NCA . 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. As soon as practicable after the date of enactment of this section, the Secretary shall finalize the legal description of the parcel to be conveyed under this subsection. The Secretary may correct any minor error in— the Map; or the legal description. The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. In this subsection: The term Map means the map entitled North Las Vegas Valley Overview and dated November 5, 2013. The term North Las Vegas means the city of North Las Vegas, Nevada. The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. As soon as practicable after the date of enactment of this section and subject to valid existing rights, upon the request of North Las Vegas, 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 paragraph (3). The land referred to in paragraph
(2)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). As soon as practicable after the date of enactment of this section, the Secretary shall finalize the legal description of the parcel to be conveyed under this subsection. The Secretary may correct any minor error in— the Map; or the legal description. The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. North Las Vegas may sell any portion of the land described in paragraph
(3)for nonresidential development. The sale of land under subparagraph
(A)shall be carried out— through a competitive bidding process; and for not less than fair market value. The Secretary shall determine the fair market value of the land under subparagraph (B)(ii) based on an appraisal that is performed in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; the Uniform Standards of Professional Appraisal Practices; and any other applicable law (including regulations). The gross proceeds from the sale of land under subparagraph
(A)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). North Las Vegas may retain a portion of the land described in paragraph
(3)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. If North Las Vegas retains land for public recreation or other public purposes under subparagraph (A), North Las Vegas may— revoke that election; and sell the land in accordance with paragraph (5). 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 paragraph (3). If any parcel of land described in paragraph
(3)is not conveyed for nonresidential development under this subsection or reserved for recreation or other public purposes under paragraph
(6)by the date that is 30 years after the date of enactment of this section, the parcel of land shall, at the discretion of the Secretary, revert to the United States. If North Las Vegas uses any parcel of land described in paragraph
(3)in a manner that is inconsistent with this subsection— at the discretion of the Secretary, the parcel shall revert to the United States; or if the Secretary does not make an election under clause (i), North Las Vegas shall sell the parcel of land in accordance with this subsection. In this subsection: The term Las Vegas means the city of Las Vegas, Nevada. The term Map means the map entitled North Las Vegas Valley Overview and dated November 5, 2013. The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. As soon as practicable after the date of enactment of this section, 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 paragraph (3). The land referred to in paragraph
(2)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). As soon as practicable after the date of enactment of this section, the Secretary shall finalize the legal description of the parcel to be conveyed under this subsection. The Secretary may correct any minor error in— the Map; or the legal description. The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. Las Vegas may sell any portion of the land described in paragraph
(3)for nonresidential development. The sale of land under subparagraph
(A)shall be carried out, after consultation with the Las Vegas Paiute Tribe— through a competitive bidding process; and for not less than fair market value. The Secretary shall determine the fair market value of the land under subparagraph (B)(ii) based on an appraisal that is performed in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; the Uniform Standards of Professional Appraisal Practices; and any other applicable law (including regulations). The gross proceeds from the sale of land under subparagraph
(A)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). Las Vegas may retain a portion of the land described in paragraph
(3)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. If Las Vegas retains land for public recreation or other public purposes under subparagraph (A), Las Vegas may— revoke that election; and sell the land in accordance with paragraph (5). 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 paragraph (3). If any parcel of land described in paragraph
(3)is not conveyed for nonresidential development under this subsection or reserved for recreation or other public purposes under paragraph
(6)by the date that is 30 years after the date of enactment of this section, the parcel of land shall, at the discretion of the Secretary, revert to the United States. If Las Vegas uses any parcel of land described in paragraph
(3)in a manner that is inconsistent with this subsection— at the discretion of the Secretary, the parcel shall revert to the United States; or if the Secretary does not make an election under clause (i), Las Vegas shall sell the parcel of land in accordance with this subsection. 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, subject to valid existing rights, the parcel of land identified as . Las Vegas Police Shooting Range on the map entitled North Las Vegas Valley Overview and dated November 5, 2013 Section 8 of the Spring Mountains National Recreation Area Act ( 16 U.S.C. 460hhh–6 ) is amended— in subsection (a), by striking for lands described and inserting as provided ; and by striking subsection
(b)and inserting the following: 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. Notwithstanding paragraph
(1)of subsection (a), the following are not subject to withdrawal under that paragraph: 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. 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. . Section 4 of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2344; 116 Stat. 2007) is amended— in the first sentence of subsection (a), by striking dated October 1, 2002 and inserting dated September 17, 2012 ; and in subsection (g), by adding at the end the following: 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 identified in the Cooperative Management Agreement described in section 3(3) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 ; 112 Stat. 2343), 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. ). . In this subsection: The term Board of Regents means the Board of Regents of the Nevada System of Higher Education. The term Campuses means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses. The term Federal land means— the approximately 40 acres to be conveyed for the College of Southern Nevada, identified as Parcel to be Conveyed , as generally depicted on the map entitled College of Southern Nevada Land Conveyance and dated June 26, 2012; the approximately 2,085 acres to be conveyed for the University of Nevada, Las Vegas, identified as UNLV North Campus , as generally depicted on the map entitled North Las Vegas Valley Overview and dated November 5, 2013; and the approximately 285 acres to be conveyed for the Great Basin College, identified as Parcel to be Conveyed , as generally depicted on the map entitled College of Southern Nevada Land Conveyance and dated June 26, 2012. The term Secretary means the Secretary of the Interior. The term State means the State of Nevada. The term System means the Nevada System of Higher Education. 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 and such terms and conditions as the Secretary determines to be necessary, the Secretary shall— not later than 180 days after the date of enactment of this section, 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 Great Basin College Land Conveyance and dated June 26, 2012, for the Great Basin College; and 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— provides for the orderly development of the Federal land to be conveyed under this item; and complies with State law; and 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 November 5, 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-wide utility corridor of certain rights-of-way for transportation and public utilities. As a condition of the conveyance under subparagraph (A), the Board of Regents shall agree in writing— to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies; to use the Federal land conveyed for educational and recreational purposes; and 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 section by the United States or any person. The Federal land conveyed to the System under subparagraph (A)(ii) 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. Any modifications to the agreement described in subclause
(I)or any related master plan shall require the mutual assent of the parties to the agreement. In no case shall the use of the Federal land conveyed under subparagraph (A)(ii) compromise the national security mission or navigation rights of Nellis Air Force Base. The System may use the Federal land conveyed under subparagraph
(A)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. ). If the Federal land or any portion of the Federal land conveyed under subparagraph
(A)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. 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 paragraph (1)(C)(ii) shall, at the discretion of the Secretary, revert to the United States. 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 paragraph (1)(C)(i) shall, at the discretion of the Secretary, revert to the United States. Congress finds that— flood mitigation infrastructure is critical to the safe and uninterrupted operation of the proposed Southern Nevada Supplemental Airport authorized by the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 ; 114 Stat. 1404); and through proper engineering, the land described in this subsection for flood mitigation infrastructure for the Southern Nevada Supplemental Airport may be consistent with the role of the Bureau of Land Management— to protect and prevent irreparable damage to— important historic, cultural, or scenic values; fish and wildlife resources; or other natural systems or processes; or to protect life and safety from natural hazards in the County and nearby areas. In this subsection: The term County means Clark County, Nevada. The term Map means the map entitled Land Conveyance for Southern Nevada Supplemental Airport and dated June 26, 2012. The term Secretary means the Secretary of the Interior. As soon as practicable after the date described in subparagraph (B), subject to valid existing rights and subparagraph (C), 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 the County, without consideration, all right, title, and interest of the United States in and to the land described in paragraph (4), subject to such terms and conditions as the Secretary determines to be necessary. The County shall be responsible for all costs associated with the conveyance under clause (i). The Secretary shall not make the conveyance described in subparagraph
(A)until the later of the date on which the Administrator of the Federal Aviation Administration has— approved an airport layout plan for an airport to be located in the Ivanpah Valley; and 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. ). In conveying the public land under subparagraph (A), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events). Subject to valid existing rights, the public land to be conveyed under subparagraph
(A)is withdrawn from— location, entry, and patent under the mining laws; and operation of the mineral leasing and geothermal leasing laws. The public land conveyed under subparagraph
(A)shall be used for the development of flood mitigation infrastructure for the Southern Nevada Supplemental Airport. 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 subsection shall revert, at the option of the Secretary, to the United States. If the Secretary determines that the County is not using the land conveyed under this subsection for a purpose described in subparagraph (D), 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. The land referred to in paragraph
(3)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 . As soon as practicable after the date of enactment of this section, the Secretary shall prepare an official legal description and map of the parcel to be conveyed under this subsection. The Secretary may correct any minor error in— the map prepared under subparagraph (A); or the legal description. The map prepared under subparagraph
(A)and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. In this subsection: The term City means the city of North Las Vegas, Nevada. The term Clark County Off-Highway Vehicle Recreation Park means the approximately 960 acres of land identified on the Map as Clark County Off-Highway Vehicle Recreation Park . The term County means Clark County, Nevada. The term Map means the map entitled Nellis Dunes OHV Recreation Area and dated December 17, 2013. The term Nellis Dunes Off-Highway Recreation Area means the approximately 10,035 acres of land identified on the Map as Nellis Dunes OHV Recreation Area . The term Secretary means the Secretary of the Interior. The term State means the State of Nevada. As soon as practicable after the date of enactment of this section, the Secretary shall convey to the County, subject to valid existing rights and subparagraph (B), without consideration, all right, title, and interest of the United States in and to the Clark County Off-Highway Vehicle Recreation Park. In conveying the parcels of Federal land under subparagraph (A), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events). The parcels of land conveyed under subparagraph
(A)may be used by the County for any public purposes described in clause (ii), consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) ( 43 U.S.C. 869 et seq. ). The land conveyed under subparagraph (A)— shall be used by the County— to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County; 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; 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 shall not be disposed of by the County. If the County ceases to use any parcel of land conveyed under subparagraph
(A)for the purposes described in clause (ii)— title to the parcel shall revert to the Secretary, at the option of the Secretary; and the County shall be responsible for any reclamation necessary to revert the parcel to the United States. The Secretary of the Air Force and the County, may develop a special management plan for the land conveyed under subparagraph (A)— to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation Area; to ensure compatible development with the mission requirements of the Nellis Air Force Base; and to avoid and mitigate known public health risks associated with off-highway vehicle use in the Nellis Dunes Recreation Area. Before the Federal land may be conveyed to the County under subparagraph (A), 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— to enhance safe off-highway recreation use; and to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base. The use of the Federal land conveyed under subparagraph
(A)shall not compromise the national security mission of Nellis Air Force Base. With respect to the conveyance of Federal land under subparagraph (A), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. The approximately 10,035 acres of land identified on the Map as the Nellis Dunes OHV Recreation Area shall be known and designated as the Nellis Dunes Off-Highway Vehicle Recreation Area . The Secretary may develop a special management plan for the Nellis Dunes Off-Highway Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes. Section 3011(b) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 886) is amended— in paragraph (4)— by striking comprise approximately and inserting the following: comprise— approximately ; by striking the period at the end and inserting a semicolon; and by adding at the end the following: approximately 710 acres of land in Clark County, Nevada, identified as Addition to Nellis Air Force Base on the map entitled Nellis Dunes Off-Highway Vehicle Recreation Area and dated June 26, 2012; and approximately 410 acres of land in Clark County, Nevada, identified as Addition to Nellis Air Force Base on the map entitled North Las Vegas Valley Overview and dated November 5, 2013. ; and by adding at the end the following: Section 3022 shall not apply to any mineral material resource authorized for sale by the Secretary of the Interior under a valid contract for the duration of the contract. Notwithstanding any other provision of this subtitle, the Secretary of the Air Force shall allow adequate and reasonable access to mineral material resources authorized for sale by the Secretary of the Interior under a valid contract for the duration of the contract. . Section 3022 of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 897) is amended by striking section 3011(b)(5)(B) and inserting paragraphs (5)(B) and
(6)of section 3011(b) . Congress finds that military aircraft testing and training activities in the State of Nevada— are an important part of the national defense system of the United States; and 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. Nothing in this section restricts or precludes any military overflight, including— low-level overflights of military aircraft over the Federal land; flight testing and evaluation; and the designation or creation of new units of special airspace, or the use or establishment of military flight training routes, over— the Tule Springs Fossil Beds National Monument established by subsection (a)(2)(A); or 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. ) (as modified by subsection (b)).
Connectionstraces to 10
17 references not yet in our index
  • 16 USC 1a–7(b)
  • Pub. L. 105-263
  • 116 Stat. 2007
  • 117 Stat. 1317
  • 118 Stat. 2414
  • 120 Stat. 3045
  • Pub. L. 107-282
  • 116 Stat. 2013
  • 16 USC 460hhh–6
  • Pub. L. 97-465
  • 112 Stat. 2344
  • 112 Stat. 2343
  • Pub. L. 106-362
  • 114 Stat. 1404
  • Pub. L. 106-65
  • 113 Stat. 886
  • 113 Stat. 897
Citation graph
cites case law
Sec. 3092
Miscellaneous issues related to Las Vegas valley public land and Tule Springs Fossil Beds National Monument
Cite16 USC 1a–7(b)
Pub. L.Pub. L. 105-263
Stat.116 Stat. 2007
Cites 27 · showing 12Cited by 0 across 0 sources
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