Sec. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION
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## SEC. 2995 REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION ###
(a)In General Consistent with the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, the Secretary of the Navy shall carry out the following additional mitigations and other measures not otherwise included in other sections of this Act to reduce the impact of the modernization of the Fallon Range Training Complex by the Secretary of the Navy on the land and local community: ####
(1)Develop Memoranda of Agreement or other binding protocols, in coordination with agencies, affected Indian tribes, and other stakeholders, for— #####
(A)management of that portion of Bureau of Reclamation infrastructure in the B–16 and B–20 Ranges that will be closed to public access but will continue to be managed for flood control; and #####
(B)access for research, resource management, and other activities within the B–16, B–17, B–19, and B–20 Ranges. ####
(2)Establish wildlife-friendly configured four-wire fencing, on coordination with the Nevada Department of Wildlife, to restrict access to the smallest possible area necessary to ensure public safety and to minimize impacts on wildlife from fencing. ####
(3)Subject to the availability of appropriations— #####
(A)purchase the impacted portion of the Great Basin Gas Transmission Company (formerly named the “Paiute Pipeline Company”) pipeline within the B–17 Range; and #####
(B)pay for the relocation of the pipeline acquired under subparagraph
(A)to a location south of the B–17 Range. ####
(4)Accommodate permitting and construction of additional utility and infrastructure projects within 3 corridors running parallel to the existing north-south power line in proximity to Nevada Route 121, existing east-west power line north of Highway 50, and the area immediately north of Highway 50 as shown on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, subject to the requirement that any project authorized under this paragraph shall complete appropriate Federal and State permitting requirements prior to the accommodation under this paragraph. ####
(5)#####
(A)Notify holders of mining claims impacted by the modernization by certified mail. #####
(B)Make payments to the holders of mining claims described in subparagraph (A), subject to the availability of appropriations. ####
(6)Allow a right-of-way to accommodate I–11 (which could also include a transmission line) if a route is chosen by Churchill County, Nevada, or the State of Nevada that overlaps the northeast corner of the withdrawal area for the B–16 Range. ####
(7)Revise the applicable range operations manual— #####
(A)to include Crescent Valley and Eureka as noise-sensitive areas; and #####
(B)to implement a 5-nautical-mile buffer around the towns of Crescent Valley and Eureka. ####
(8)Implement a 3-nautical-mile airspace exclusion zone over the Gabbs, Eureka, and Crescent Valley airports. ####
(9)Extend the Visual Flight Rules airspace corridor through the newly established Military Operations Areas on the east side of the Dixie Valley Training Area. ####
(10)Notify affected water rights holders by certified mail and, if water rights are adversely affected by the modernization and cannot be otherwise mitigated, acquire existing and valid State water rights. ####
(11)Allow Nevada Department of Wildlife access for spring and wildlife guzzler monitoring and maintenance. ####
(12)Implement management practices and mitigation measures specifically designed to reduce or avoid potential impacts on surface water and groundwater, such as placing targets outside of washes. ####
(13)Develop and implement a wildland fire management plan with the State of Nevada to ensure wildland fire prevention, suppression, and restoration activities are addressed, as appropriate, for the entire expanded range complex. ####
(14)To the maximum extent practicable and if compatible with mission training requirements, avoid placing targets in biologically sensitive areas identified by the Nevada Department of Wildlife. ####
(15)Fund 2 conservation law enforcement officer positions at Naval Air Station Fallon. ####
(16)Post signs warning the public of any contamination, harm, or risk associated with entry into the withdrawal land. ####
(17)Enter into an agreement for compensation from the Secretary of the Navy to Churchill County, Nevada, and the counties of Lyon, Nye, Mineral, and Pershing in the State of Nevada to offset any reductions made in payments in lieu of taxes. ####
(18)Review, in consultation with affected Indian tribes, and disclose any impacts caused by the activities of the Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview Mountain. ####
(19)Consult with affected Indian tribes to mitigate, to the maximum extent practicable, any impacts disclosed under paragraph (18). ###
(b)Limitation on Use of Land Prior to Completion of Requirements In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection
(a)have been met.