Sec. 2. Tule Springs Fossil Beds National Monument
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/bill/113/s/974/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds that— since 1933, the Upper Las Vegas Wash has been valued by scientists because of the significant paleontological resources demonstrative of the Pleistocene Epoch that are located in the area; in 2004, during the preparation of the Las Vegas Valley Disposal Boundary Final Environmental Impact Statement, the Bureau of Land Management identified sensitive biological, cultural, and paleontological resources determined to be worthy of more evaluation with respect to the protective status of the resources; the Upper Las Vegas Wash contains thousands of paleontological resources from the Pleistocene Epoch that are preserved in a unique geological context that are of national importance, including Columbian mammoth, ground sloth, American lion, camels, and horse fossils; in addition to Joshua trees and several species of cacti, the Las Vegas buckwheat, Merriam’s bearpoppy, and the Las Vegas bearpoppy are 3 unique and imperiled plants that are supported in the harsh desert environment of Tule Springs; the area provides important habitat for threatened desert tortoise, endemic poppy bees, kit foxes, burrowing owls, LeConte's thrasher, phainopepla, and a variety of reptiles; in studies of the area conducted during the last decade, the Bureau of Land Management and National Park Service determined that the area likely contains the longest continuous section of Pleistocene strata in the desert southwest, which span multiple important global climate cooling and warming episodes; the Upper Las Vegas Wash is significant to the culture and history of the native and indigenous people of the area, including the Southern Paiute Tribe; despite the findings of the studies and recommendations for further assessment of the resources for appropriate methods of protection— the area remains inadequately protected; and many irreplaceable fossil specimens in the area have been lost to vandalism or theft; and designation of the Upper Las Vegas Wash site as a National Monument would protect the unique fossil resources of the area and the geological context of those resources for present and future generations while allowing for public education and continued scientific research opportunities.
In this section: The term Council means the Tule Springs Fossil Beds National Monument Advisory Council established by subsection (g)(1). 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 subsection (d)(5). The term Map means the map entitled North Las Vegas Valley Overview and dated April 30, 2013. The term Monument means the Tule Springs Fossil Beds National Monument established by subsection (c)(1).
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 transmission line.
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 subsection, 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 within the boundaries generally depicted on the Map.
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare an official map and legal description of the boundaries of the Monument. The map and legal description prepared under subparagraph
(A)shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the legal description or the map. The map and legal description prepared under subparagraph
(A)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. Subject to subparagraph (B), the Secretary may acquire land or interests in land within or adjacent to the boundaries of the Monument by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency. Land or interests in land that are owned by the State or a political subdivision of the State may be acquired under subparagraph
(A)only by donation or exchange. Subject to valid existing rights and subsections
(e)and (f), any land within the Monument or any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from— 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 Act 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 Act otherwise limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan. 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— allow only such uses of the Monument that— are consistent with this section; the Secretary determines would further the purposes of the Monument; and are consistent with existing rights of previously authorized water facility and high voltage transmission facility rights-of-way and any rights-of-way issued under this Act, including the operation, maintenance, replacement, and repair and repair of the facility; and manage the Monument— in a manner that conserves, protects, interprets, and enhances the resources and values of the Monument; and in accordance with— this section; 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; preclude an activity on, or use of, private land adjacent to the boundaries of the Monument, if the activity or use is consistent with other applicable law; or directly or indirectly subject an activity on, or use of, private land, to additional regulation, if the activity or use is consistent with other applicable law. Nothing in this Act alters the standards governing air or water quality outside the boundary of the Monument. Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan that provides for the long-term protection and management of the Monument. The management plan— shall, consistent with this section and the purposes of the Monument— describe the resources at the Monument that are to be protected; describe the appropriate uses and management of the Monument; allow for continued scientific research at the Monument; and include a travel management plan that may include existing public transit; and may— incorporate any appropriate decisions contained in an existing management or activity plan for the land designated as the Monument under subsection (c)(1); 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 Act. 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 exhibiting and curating the resources. The Secretary may enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and appropriate public and private entities to carry out subparagraph (A). On receipt of a complete application from a qualified electric utility, the Secretary, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), shall issue to the qualified electric utility a 400-foot right-of-way for the construction and maintenance of high-voltage transmission facilities depicted on the Map as Renewable Energy Transmission Corridor if the high-voltage transmission facilities do not conflict with other previously authorized rights-of-way within the corridor. 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, including impacts to the viewshed. The Secretary shall consult with the qualified electric utility that is issued the right-of-way under paragraph
(1)and the public utilities regulator of the State to seek to maximize the capacity of the high-voltage transmission facilities. The issuance of a notice to proceed on the construction of the high-voltage transmission facilities within the right-of-way under paragraph
(1)shall be subject to terms and conditions that the Secretary (in consultation with the qualified electric utility), as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), determines appropriate to protect and conserve the resources for which the Monument is managed. The right-of-way issued under paragraph
(1)shall expire on the date that is 15 years after the date of enactment of this Act if construction of the high-voltage transmission facilities described in paragraph
(1)has not been initiated by that date, unless the Secretary determines that it is in the public interest to continue the right-of-way. On receipt of 1 or more complete applications from a public water agency and except as provided in subparagraph (B), the Secretary, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the public water agency a 100-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline and associated facilities within the Water Conveyance Facilities Corridor and the Renewable Energy Transmission Corridor depicted on the Map. A public water agency right-of-way shall not be granted under subparagraph
(A)within the portion of the Renewable Energy Transmission Corridor that is located along the Moccasin Drive alignment, which is generally between T. 18 S. and T. 19 S., Mount Diablo Baseline and Meridian. On receipt of 1 or more complete applications from a unit of local government or public water agency, the Secretary, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall issue to the unit of local government or public water agency a 100-foot right-of-way for the construction, operation, maintenance, repair, and replacement of a buried water conveyance pipeline to access the existing buried water pipeline turnout facility and surge tank located in the NE 1/4 sec. 16 of T. 19 S. and R. 61 E. 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 paragraph
(1)shall be subject to any terms and conditions that the Secretary, in consultation with the public water agency, as part of the compliance of the Secretary with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), determines appropriate to protect and conserve the resources for which the Monument is managed. 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 13 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, or be nominated by, the Director of the Bureau of Land Management; 1 member shall be a representative of, or be nominated by, the Director of the United States Fish and Wildlife Service; 1 member shall be a representative of, or be nominated by, the Director of the National Park Service; 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 Act, the Secretary shall appoint the initial members of the Council in accordance with subparagraph (A). The Council shall advise the Secretary with respect to— the preparation and implementation of the management plan; and other issues related to the management of the Monument (including budgetary matters). Members of the Council shall receive no compensation for serving on the Council. Subject to subparagraph (B), 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 Act. There are authorized to be appropriated such sums as are necessary to carry out this section.
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