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Code · BILL · 118th Congress · S. 3134 (Introduced in Senate) — To amend the Sloan Canyon National Conservation Area Act to adjust the boundary of the Sloan Canyon National Conserva... · Sec. 4

Sec. 4. Clarification of authority of Department Of Defense to conduct certain military activities at Nevada Test and Training Range

744 words·~3 min read·/bill/118/s/3134/is/section-4·

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Section 3011(b) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 886) is amended— in paragraph (1)— in the matter preceding subparagraph (A), in the second sentence, by inserting , subject to the conditions described in section 3014(a) after Secretary of the Air Force ; in subparagraph (C), by striking and at the end; by redesignating subparagraph
(D)as subparagraph (G); and by inserting after subparagraph
(C)the following: for emergency response; for the establishment and use of existing or new electronic tracking and communications sites, including the construction of not more than 15 equipment pads, not larger than 150-by-150 feet in size, along existing roads to allow placement and operation of threat emitters; for the use and maintenance of roads in existence as of January 1, 2023, depicted on the map entitled Desert National Wildlife Range Proposed Southern Paiute Wilderness Area and dated September 7, 2023, to allow access to threat emitters and repeaters for installation, maintenance, and periodic relocation; and ; in paragraph (5)(D)— in the matter preceding clause (i), by striking shall be construed to effect and inserting affects ; and by adding at the end the following: The authority of the Secretary of the Interior to access the portions of the joint use area under the primary jurisdiction of the Secretary of the Interior to carry out the management responsibilities of the Secretary of the Interior for not less than 10 percent of annual calendar days, as enumerated in an annual access schedule jointly prepared by the Secretary of the Interior and the Secretary of the Air Force. ; and by adding at the end the following: Notwithstanding subparagraph
(E)of paragraph (1), the Secretary of the Air Force shall not install or make operational use of an electronic tracking and communications site authorized under that subparagraph that was not subject to withdrawal before the date of enactment of this paragraph until the date on which the Secretary of the Air Force and the Secretary of the Interior have entered into a new operational memorandum of understanding for management in the joint use area in the Desert National Wildlife Refuge. . Section 3011(b)(5) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 887; 134 Stat. 4351) is amended— in subparagraph (G)— by striking clause
(i)and inserting the following: The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this subparagraph as the interagency committee )— to facilitate coordination, manage public access needs and requirements, and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas in the Desert National Wildlife Refuge; to discuss, as needed— activities under consideration in the joint operating areas in the Desert National Wildlife Refuge and the land under the primary jurisdiction of the Secretary of the Air Force in the Desert National Wildlife Refuge; and the activities authorized under paragraph (1); and to provide input to the United States Fish and Wildlife Service and the Department of the Air Force in assessing whether the activities described in subclause
(II)may be conducted in the joint operating areas in the Desert National Wildlife Refuge that are under the primary jurisdiction of the Secretary of the Interior or land under the primary jurisdiction of the Secretary of the Air Force in the Desert National Wildlife Refuge, in a manner that is consistent with— the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); and any other applicable law. ; and in clause (ii)— in subclause (I), by inserting , including a designee of the Director of the United States Fish and Wildlife Service before the period at the end; and in subclause (II), by inserting , including a designee of the Assistant Secretary of the Air Force for Energy, Installations, and Environment before the period at the end; and in subparagraph (H)(ii)(II), by striking with respect to public access needs and requirements and inserting the following: “with respect to— public access needs and requirements; and any proposal by the Secretary of the Air Force to undertake any of the activities authorized under paragraph
(1)in the joint operating areas in the Desert National Wildlife Refuge or the land under primary jurisdiction of the Secretary of the Air Force in the Desert National Wildlife Refuge .
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  • Pub. L. 106-65
  • 113 Stat. 886
  • 113 Stat. 887
  • 134 Stat. 4351
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cites case law
Sec. 4
Clarification of authority of Department Of Defense to conduct certain military activities at Nevada Test and Training Range
Pub. L.Pub. L. 106-65
Stat.113 Stat. 886
Stat.113 Stat. 887
Stat.134 Stat. 4351
Cites 5Cited by 0 across 0 sources
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