Sec. 303. Mojave National Preserve boundary revision and related provisions
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The boundary of the Mojave National Preserve is adjusted to include the following: The approximately 14,750 acres of Bureau of Land Management land that is surrounded by the Mojave National Preserve to the northwest, west, southwest, south, and southeast, and by the Nevada State line on the northeast boundary, as depicted as the Mojave National Preserve Additions on the map entitled Mojave National Preserve Proposed Additions , numbered 170/129,826, and dated September 2015. The 25 acres of Bureau of Land Management land in Baker, California, as depicted on the map entitled Mojave National Preserve Proposed Boundary Addition , numbered 170/100,199, and dated August 2009.
The boundary of the Mojave National Preserve shall be adjusted to include the approximately 13,250 acres of Bureau of Land Management land depicted as Future Mojave National Preserve Additions on the map entitled Mojave National Preserve Proposed Additions , numbered 170/129,826, and dated September 2015, upon the earlier of the following: The termination of all mining and mining-related activities involving Castle Mountain Mine and the completion of all reclamation in response to such activities, as determined by the Secretary of the Interior.
The end of the first period of 20 consecutive years occurring after the date of the enactment of this Act during which no legally permissible commercial mining activities have occurred pursuant to a plan of development for the Castle Mountain Mine approved by the Bureau of Land Management. The maps described in subsections
(a)and
(b)shall be on file and available for public inspection in the appropriate offices of the National Park Service. Except as otherwise provided in this section, the Secretary of the Interior shall administer any land added to Mojave National Preserve under this section— as part of the Mojave National Preserve; and in accordance with applicable laws (including regulations). Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall enter into a memorandum of understanding with the California Department of Fish and Wildlife to permit operationally feasible, ongoing access to the land added to Mojave National Preserve under this section for the placement and maintenance of water development projects as considered necessary for wildlife conservation. Nothing in this section shall affect valid existing rights or preclude, or prevent or inhibit mining or mining-related activities (including water development) authorized under any Bureau of Land Management approved plan of development, throughout all phases of mining including completion of final reclamation, for the lands described in subsections (a)(1) and (b). Nothing in this section shall affect any private property right (including a water development right) within the boundaries of the Mojave National Preserve, as adjusted by this section. Nothing in this section shall impair existing rights relating to the Castle Mountain Mine, nor shall anything in this title create or impose any additional regulatory or administrative requirements relating to the permitting, development, and operation of all phases of the Castle Mountain Mine. Nothing in chapter 1007 of title 54, United States Code (formerly known as the Mining in the National Parks Act of 1976), the California Desert Protection Act of 1994 ( Public Law 103–433 ), the implementing regulations of such laws, or any other Federal law or regulation shall constitute a bar to the lawful issuance of any right, entitlement, or approval necessary for the location and use of any pipeline or well necessary for Castle Mountain Mining Company to conduct continued mining operations. Nothing in this section terminates— any right-of-way issued, granted, or permitted to the Southern California Edison Company (including any predecessor or successor in interest or assign) as of the date of the enactment of this Act that is located on land described in subsections
(a)and (b); or the customary operation, maintenance, upgrade, repair, relocation within such a right-of-way, replacement, or other authorized energy transport facility activities in such a right-of-way, including, at a minimum, the use of mechanized vehicles, helicopters, or other aerial devices. Nothing in this section prohibits the upgrading or replacement of— Southern California Edison Company energy transport facilities; or an energy transport facility in rights-of-way issued, granted, or permitted by the Secretary adjacent to Southern California Edison’s energy transport facilities within the Mojave National Preserve. Not later than one year after the date of enactment of this Act or the date of the issuance of a new energy transport facility right-of-way within the Mojave National Preserve, whichever is earlier, the Secretary of the Interior, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Southern California Edison Company within the Mojave National Preserve. Consideration of any right-of-way application within lands described in subsection (a)(1) for the purpose of providing water resources necessary for the operation of the Castle Mountain Mine shall remain within the jurisdiction and authority of the Bureau of Land Management, throughout the development of all phases of the Castle Mountain Mine. The Director of the Bureau of Land Management shall consider any proposed plan of development, modifications to the plan, and associated right-of-way applications for the Castle Mountain Mine in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and any other laws (including regulations) applicable to the land described in subsection
(b)prior to the date of enactment of this Act. The authority of the Director of the Bureau of Land Management described in this subsection shall terminate at the end of the first period of 20 consecutive years occurring after the date of the enactment of this Act during which no legally permissible commercial mining activities have occurred pursuant to a plan of development for the Castle Mountain Mine approved by the Bureau of Land Management. Any new right-of-way approved by the Bureau of Land Management under this subsection shall be considered a valid existing right-of-way only if such right-of-way is included in an approved plan of development for Castle Mountain Mine. Following any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other applicable laws and regulations, the National Park Service and all other Federal agencies with jurisdiction, shall consider and approve— the application for and receipt of any rights-of-way, other necessary approvals and entitlements, or both to access and traverse existing lands within the Mojave National Preserve in order to access water sources located in watersheds outside of the Preserve; and the application and establishment of underground waterways throughout the Preserve. Subject to paragraphs
(2)and (3), Castle Mountain Mining Company shall have the right to conduct reconnaissance and drilling within the lands described in subsection (a)(1) to identify potential alternative sources of water for development of all phases of the Castle Mountain Mine. If adequate water supplies are identified for the Castle Mountain Mine that are in excess of existing water rights in the Mojave National Preserve, Castle Mountain Mining Company may propose the location of new pipelines, including possible underground pipelines, and well sites, as appropriate, to the Secretary of the Interior and all other Federal agencies with jurisdiction. The approval of any new pipeline or well site location proposed by Castle Mountain Mining Company under this paragraph shall be subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other applicable laws and regulations. If approval of a new pipeline or well site location is obtained under paragraph (2), Castle Mountain Mining Company obtains any necessary entitlements from the State of California for use of the water resources, and the combination of new pipelines and well sites will provide Castle Mountain Mining Company with adequate water supplies for development of all phases of the Castle Mountain Mine, Castle Mountain will then relinquish and quitclaim to the United States any and all interests in its pipeline and well site in existence as of the date of the enactment of this Act.
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- Pub. L. 103-433
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Sec. 303
Mojave National Preserve boundary revision and related provisions
Pub. L.Pub. L. 103-433
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