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Code · BILL · 118th Congress · S. 4457 (Introduced in Senate) — To provide for conservation and economic development in the State of Nevada, and for other purposes. · Sec. 204

Sec. 204. Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas

1,514 words·~7 min read·/bill/118/s/4457/is/section-204

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Any portion of the designation by the Bureau of Land Management of the Ivanpah Area of Critical Environmental Concern in the State dated February 14, 2014, not included within a Special Management Area designated by subsection
(b)is revoked. The following areas in the County are designated as special management areas: Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 140,976 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Stump Springs Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 39,327 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Bird Springs Valley Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 45,881 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Desert Tortoise Protective Corridor Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 2,645 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Jean Lake Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 16,355 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Gale Hills Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 10,120 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the California Wash Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 61,813 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Bitter Springs Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 33,430 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Muddy Mountains Special Management Area . Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 8,417 acres, as generally depicted on the map entitled Special Management Areas and dated February 2, 2023, which shall be known as the Mesa Milkvetch Special Management Area . The purposes of a special management area designated by subsection
(b)(referred to in this section as a Special Management Area ) are to mitigate the impacts of any amendment to the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit and to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife (including wildlife referred to in the Clark County Multiple Species Habitat Conservation Plan), educational, and scenic resources of the Special Management Area. The Secretary shall manage each Special Management Area— in a manner that— conserves, protects, and enhances the purposes for which the Special Management Area is established; and ensures protection of species covered by the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit; and in accordance with— this section; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and any other applicable law. The Secretary shall allow only uses of a Special Management Area that are consistent with the purposes for which the Special Management Area is established. Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Special Management Areas shall be permitted only on roads and motorized routes designated for the use of motorized vehicles in the management plan developed under subsection (h). No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Special Management Areas after the date of enactment of this Act. As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each Special Management Area. A map or legal description filed under paragraph
(1)shall have the same force and effect as if included in this Act. The Secretary— may correct minor errors in a map or legal description filed under paragraph (1); but shall consult and coordinate with the County before finalizing the correction under subparagraph (A). A copy of each map and legal description filed under paragraph
(1)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. Any land or interest in land that is acquired by the United States within a Special Management Area shall— become part of the Special Management Area in which the acquired land or interest in land is located; be withdrawn in accordance with subsection (g); and be managed in accordance with subsection (d). Subject to valid existing rights and rights-of-way for construction, maintenance, and operation of the Moapa Valley Water District facilities depicted on the map entitled Moapa Valley Water District–Facilities and Land Conveyances and dated February 2, 2023, all Federal land within a Special Management Area is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. As soon as practicable, but not later than 1 year, after the date on which the County is issued an amended Federal incidental take permit under section 205, the Secretary, in consultation, collaboration, and coordination with the County, shall— consistent with the purposes described in subsection (c), develop a comprehensive management plan that prohibits any activity inconsistent with those purposes for the long-term protection and management of the Special Management Areas; and amend the applicable resource management plan to incorporate the provisions of the management plan for the Special Management Areas developed under paragraph (1). During the period beginning on the date of enactment of this Act and ending on the date on which the management plan developed under paragraph
(1)of subsection
(h)and the amendment to the applicable resource management plan required under paragraph
(2)of that subsection take effect, the Secretary shall not authorize any new use of the Federal land described in subsection
(b)for any activity contrary to the purposes described in subsection (c), including— disposal; rights-of-way outside designated transportation and utility corridors; leases, including utility-scale solar energy facilities; livestock grazing; infrastructure development; and mineral entry. Consistent with this subsection, the management plan for the Special Management Areas developed under subsection
(h)shall establish provisions, including avoidance, minimization, and mitigation measures, for ongoing maintenance of public utility and other rights-of-way in existing designated transportation and utility corridors within a Special Management Area. Nothing in this section— affects the existence, use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any utility facility or appurtenant right-of-way within an existing designated transportation and utility corridor within a Special Management Area; precludes the Secretary from authorizing the establishment of a new or the renewal or expansion of an existing utility facility right-of-way within an existing designated transportation and utility corridor within a Special Management Area, including the potential realignment of a corridor numbered 224–225 established under section 368 of the Energy Policy Act of 2005 ( 42 U.S.C. 15926 ) through the Stump Springs Management Area— in accordance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and any other applicable law; and subject to such terms and conditions as the Secretary determines to be appropriate; or prohibits access to, or the repair or replacement of, a transmission line within a right-of-way within a Special Management Area issued before the date of enactment of this Act. Not later than 1 year after the date of enactment of this Act, the Secretary shall seek to enter into a cooperative agreement with the County under section 307(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(b) ) for the long-term protection and management of the Special Management Areas. Nothing in this section prevents or interferes with— the construction or operation of the Ivanpah Valley Airport authorized under the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 ; 114 Stat. 1404); or the Airport Environs Overlay District authorized under section 501(c) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 ; 116 Stat. 2008) and section 3092(i) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3875).
Connectionstraces to 5
5 references not yet in our index
  • Pub. L. 106-362
  • 114 Stat. 1404
  • Pub. L. 107-282
  • 116 Stat. 2008
  • 128 Stat. 3875
Citation graph
cites case law
Sec. 204
Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas
Pub. L.Pub. L. 106-362
Stat.114 Stat. 1404
Pub. L.Pub. L. 107-282
Stat.116 Stat. 2008
Stat.128 Stat. 3875
Cites 10Cited by 0 across 0 sources
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