S. 392

119 S392 IS: Sloan Canyon Conservation and Lateral Pipeline Act
 U.S. Senate
 2025-02-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 392  IN THE SENATE OF THE UNITED STATES   February 4, 2025   Ms. Cortez Masto  introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To amend the Sloan Canyon National Conservation Area Act to adjust the boundary of the Sloan Canyon National Conservation Area, and for other purposes.
1.
Short title
This Act may be cited as the   Sloan Canyon Conservation and Lateral Pipeline Act  .
2.
Definitions
In this Act:
(1)
Conservation Area
The term  Conservation Area  means the Sloan Canyon National Conservation Area.
(2)
Secretary
The term  Secretary  means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
3.
Sloan Canyon National Conservation Area boundary adjustment
(a)
Boundary adjustment
(1)
Map
Section 603(4) of the Sloan Canyon National Conservation Area Act ( 16 U.S.C. 460qqq–1(4) ) is amended by striking  map entitled  Southern Nevada Public Land Management Act  and dated October 1, 2002  and inserting  map entitled  Proposed Sloan Canyon Expansion  and dated May 20, 2024 .
(2)
Acreage
Section 604(b) of the Sloan Canyon National Conservation Area Act ( 16 U.S.C. 460qqq–2(b) ) is amended by striking  48,438  and inserting  57,728 .
(b)
Right-of-Way
Section 605 of the Sloan Canyon National Conservation Area Act ( 16 U.S.C. 460qqq–3 ) is amended by adding at the end the following:
(h)
Horizon lateral pipeline right-of-Way
(1)
In general
Notwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1763) and subject to valid existing rights and paragraph (3), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the  Secretary ), shall, not later than 1 year after the date of enactment of this subsection, grant to the Southern Nevada Water Authority (referred to in this subsection as the  Authority ), not subject to the payment of rents or other charges, the temporary and permanent water pipeline infrastructure, and outside the boundaries of the Conservation Area, powerline, facility, and access road rights-of-way depicted on the map for the purposes of—
(A)
performing geotechnical investigations within the rights-of-way; and
(B)
constructing and operating water transmission and related facilities.
(2)
Excavation and disposal
(A)
In general
The Authority may, without consideration, excavate and use or dispose of sand, gravel, minerals, or other materials from the tunneling of the water pipeline necessary to fulfill the purpose of the rights-of-way granted under paragraph (1).
(B)
Memorandum of understanding
Not later than 30 days after the date on which the rights-of-way are granted under paragraph (1), the Secretary and the Authority shall enter into a memorandum of understanding identifying Federal land on which the Authority may dispose of materials under subparagraph (A) to further the interests of the Bureau of Land Management.
(3)
Requirements
A right-of-way issued under this subsection shall be subject to the following requirements:
(A)
The Secretary may include reasonable terms and conditions, consistent with section 505 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1765 ), as are necessary to protect Conservation Area resources.
(B)
Construction of the water pipeline shall not permanently adversely affect conservation area surface resources.
(C)
The right-of-way shall not be located through or under any area designated as wilderness.
 .
(c)
Preservation of transmission and utility corridors and rights-of-Way
The expansion of the Conservation Area boundary under the amendment made by subsection (a)—
(1)
shall be subject to valid existing rights, including land within a designated utility transmission corridor or a transmission line right-of-way grant approved by the Secretary in a record of decision issued before the date of enactment of this Act; and
(2)
shall not preclude—
(A)
any activity authorized in accordance with a designated corridor or right-of-way referred to in paragraph (1), including the operation, maintenance, repair, or replacement of any authorized utility facility within the corridor or right-of-way; or
(B)
the Secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor referred to in paragraph (1)—
(i)
in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other applicable laws; and
(ii)
subject to such terms and conditions as the Secretary determines to be appropriate.
(d)
Management of the Conservation Area
Except as provided in the amendment made by subsection (b), nothing in this Act or the amendments made by this Act shall modify the management of the Conservation Area pursuant to section 605 of the Sloan Canyon National Conservation Area Act ( 16 U.S.C. 460qqq–3 ).