II
115th CONGRESS
1st Session
S. 1046
IN THE SENATE OF THE UNITED STATES
May 4, 2017
Mr. Heller (for himself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To facilitate certain pinyon-juniper related projects in Lincoln County, Nevada, to modify the boundaries of certain wilderness areas in the State of Nevada, and to fully implement the White Pine County Conservation, Recreation, and Development Act.
Short title
This Act may be cited as the Eastern Nevada Economic Development and Land Management Improvement Act
.
Facilitation of pinyon-juniper related projects in Lincoln County, Nevada
Facilitation of Pinyon-Juniper Related Projects
Availability of special account under Lincoln County Land Act of 2000
Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1048) is amended—
in paragraph (1)—
in subparagraph (B), by inserting and implementation
after development
; and
in subparagraph (C)—
in clause (i), by striking ; and
at the end and inserting a semicolon; and
by adding at the end the following:
development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or any subsequent revisions or amendments to that plan; and
; and
by adding at the end the following:
Cooperative agreements
The Director of the Bureau of Land Management shall enter into cooperative agreements with the County for County-provided law enforcement and planning related activities approved by the Secretary regarding—
wilderness in the County designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403);
cultural resources identified, protected, and managed pursuant to that Act;
planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and
planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to that Act (other than rights-of-way granted pursuant to that Act) and this Act.
.
Availability of special account under Lincoln County Conservation, Recreation, and Development Act of 2004
Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2405) is amended—
in subsection (b)(3)—
in subparagraph (E), by striking ; and
at the end and inserting a semicolon;
in subparagraph (F), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or any subsequent revisions or amendments to that plan.
; and
by adding at the end the following:
Cooperative agreements
The Director of the Bureau of Land Management shall enter into cooperative agreements with the County for County-provided law enforcement and planning related activities approved by the Secretary regarding—
wilderness in the County designated by this Act;
cultural resources identified, protected, and managed pursuant to this Act;
planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and
planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to this Act (other than rights-of-way granted pursuant to this Act) and the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1046).
.
Disposition of proceeds
Disposition of proceeds under Lincoln County Land Act of 2000
Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1047) is amended by inserting and economic development
after schools
.
Disposition of proceeds under Lincoln County Conservation, Recreation, and Development Act of 2004
Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2405) is amended by striking and transportation
and inserting transportation, and economic development
.
Modification of utility corridor
The Secretary of the Interior shall realign the utility corridor established by section 301(a) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2412) to be aligned as generally depicted on the map entitled Proposed LCCRDA Utility Corridor Realignment
and dated March 14, 2017, by modifying the map entitled Lincoln County Conservation, Recreation, and Development Act
(referred to in this subsection as the Map
) and dated October 1, 2004, by—
removing the utility corridor from 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and
redesignating the utility corridor so as to appear in—
sections 31, 32, and 33, T. 8 N., R. 68 E., of the Map;
sections 4, 5, 6, and 7, T. 7 N., R. 68 E., of the Map; and
sections 1 and 12, T. 7 N., 67 E., of the Map.
Final corrective patent in Clark County, Nevada
Validation of patent
Patent number 27–2005–0081 issued by the Bureau of Land Management on February 18, 2005, is affirmed and validated as having been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100–275; 102 Stat. 52), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert tortoise, other species, and the habitat of the desert tortoise and other species to increase the likelihood of the recovery of the desert tortoise and other species.
Ratification of reconfiguration
The process used by the United States Fish and Wildlife Service and the Bureau of Land Management in reconfiguring the land described in paragraph (1), as depicted on Exhibit 1–4 of the Final Environmental Impact Statement for the Planned Development Project MSHCP, Lincoln County, NV (FWS–R8–ES–2008–N0136) and the reconfiguration provided for in special condition 10 of the Corps of Engineers Permit No. 000005042 are ratified.
Issuance of corrective patent in Lincoln County, Nevada
In general
The Secretary of the Interior, acting through the Director of the Bureau of Land Management, may issue a corrective patent for the 7,548 acres of land in Lincoln County, Nevada, depicted on the map prepared by the Bureau of Land Management entitled Proposed Lincoln County Land Reconfiguration
and dated January 28, 2016.
Applicable law
A corrective patent issued under paragraph (1) shall be considered to have been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100–275; 102 Stat. 52).
Mt. Moriah Wilderness, High Schells Wilderness, and Arc Dome Wilderness boundary adjustments
Amendments to the Pam White Wilderness Act
Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109–432; 120 Stat. 3031) is amended by striking subsection (e) and inserting the following:
Mt. Moriah Wilderness adjustment
The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101–195) is adjusted to include—
the land identified as the Mount Moriah Wilderness Area
and Mount Moriah Additions
on the map entitled Eastern White Pine County
and dated November 29, 2006; and
the land identified as NFS Lands
on the map entitled Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area
and dated January 17, 2017.
High Schells Wilderness adjustment
The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted to include the land identified as Include as Wilderness
on the map entitled McCoy Creek Adjustment
and dated November 3, 2014, and to exclude the land identified as NFS Lands
on the map entitled Proposed Wilderness Boundary Adjustment High Schells Wilderness Area
and dated January 19, 2017.
.
Amendments to the Nevada Wilderness Protection Act of 1989
The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101–195; 103 Stat. 1784) is amended by adding at the end the following:
Arc Dome Boundary adjustment
The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as Exclude from Wilderness
on the map entitled Arc Dome Adjustment
and dated November 3, 2014.
.
Implementation of White Pine County Conservation, Recreation, and Development Act
Disposition of proceeds
Section 312 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3030) is amended—
in paragraph (2), by striking and planning
and inserting municipal water and sewer infrastructure, public electric transmission facilities, public broadband infrastructure, and planning
; and
in paragraph (3)—
in subparagraph (G), by striking ; and
and inserting a semicolon;
in subparagraph (H), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
processing by a government entity of public land use authorizations and rights-of-way relating to the development of land conveyed to the County under this Act, with an emphasis on authorizations and rights-of-way relating to any infrastructure needed for the expansion of the White Pine County Industrial Park under section 352(c)(2).
.
Conveyance to White Pine County, Nevada
Section 352 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3039) is amended—
in subsection (a), by striking the Secretary
and inserting not later than December 31, 2018, the Secretary
;
in subsection (c)(3)(B)(i), by striking through a competitive bidding process
and inserting consistent with section 244 of the Nevada Revised Statutes (as in effect on the date of enactment of the Eastern Nevada Economic Development and Land Management Improvement Act)
; and
by adding at the end the following:
Deadline
If the Secretary has not conveyed to the County the parcels of land described in subsection (b) by December 31, 2018, the Secretary shall immediately convey to the County, without consideration, all right, title, and interest of the United States in and to the parcels of land.
.