Desert National Wildlife Refuge and Nevada Test and Training Range Withdrawal and Management Act

II 116TH CONGRESS 1ST SESSION S. 3145 To extend the withdrawal and reservation of certain public land in the State of Nevada for the continued use of the Nevada test and training range, to designate certain land in the Desert National Wildlife Refuge as wilderness, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Ms. CORTEZ MASTO (for herself and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To extend the withdrawal and reservation of certain public land in the State of Nevada for the continued use of the Nevada test and training range, to designate certain land in the Desert National Wildlife Refuge as wilder- ness, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Desert National Wild- 4 life Refuge and Nevada Test and Training Range With- 5 drawal and Management Act’’. 6 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3145 IS SEC. 2. EXTENSION OF WITHDRAWAL AND RESERVATION 1 OF CERTAIN PUBLIC LAND IN NEVADA FOR 2 THE CONTINUED USE OF THE NEVADA TEST 3 AND TRAINING RANGE. 4 (a) IN GENERAL.—Section 3015(a) of the Military 5 Lands Withdrawal Act of 1999 (Public Law 106–65; 113 6 Stat. 892) is amended— 7 (1) by striking ‘‘The withdrawal’’ and inserting 8 the following: 9 ‘‘(1) IN GENERAL.—The withdrawal’’; and 10 (2) in paragraph (1) (as so designated), by 11 striking ‘‘20 years after November 6, 2001’’ and in- 12 serting the following: ‘‘in accordance with para- 13 graphs (2) and (3), as applicable. 14 ‘‘(2) NAVAL AIR STATION FALLON RANGES, NE- 15 VADA.—The withdrawal and reservation of lands for 16 the Naval Air Station Fallon Ranges, Nevada, under 17 section 3011(a) shall terminate on November 6, 18 2021. 19 ‘‘(3) NEVADA TEST AND TRAINING RANGE.— 20 The withdrawal and reservation of lands for the Ne- 21 vada Test and Training Range under section 22 3011(b) shall terminate on November 6, 2041.’’. 23 (b) LANDS WITHDRAWN AND RESERVED.— 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3145 IS (1) IN GENERAL.—Section 3011(b)(4) of the 1 Military Lands Withdrawal Act of 1999 (Public Law 2 106–65; 113 Stat. 887) is amended— 3 (A) by striking ‘‘2,919,890 acres’’ and in- 4 serting ‘‘3,006,386 acres’’; and 5 (B) by striking ‘‘map entitled ‘Nevada 6 Test and Training Range, Proposed Withdrawal 7 Extension’, dated April 22, 1999’’ and inserting 8 ‘‘map entitled ‘Desert National Wildlife Refuge 9 and Nevada Test and Training Range With- 10 drawal and Management Act’, dated December 11 18, 2019’’. 12 (2) CULTURAL RESOURCE INVESTIGATION.— 13 The Secretary of the Air Force and the Secretary of 14 the Interior shall not implement the withdrawal of 15 the public lands withdrawn as a result of the amend- 16 ments made by paragraph (1) until— 17 (A) the Tribal Resource Officer established 18 under subparagraph (K)(i) of section 19 3011(b)(5) of the Military Lands Withdrawal 20 Act of 1999 (Public Law 106–65; 113 Stat. 21 887), in consultation with the Indian Tribes lo- 22 cated in the vicinity of those public lands— 23 (i) completes a cultural resources in- 24 vestigation and inventory; and 25 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3145 IS (ii) develops a cultural resources plan 1 to protect, and facilitate Tribal access to, 2 cultural resources identified by the inves- 3 tigation and inventory under clause (i); 4 and 5 (B) the Secretary of the Air Force and the 6 Secretary of the Interior implement the cultural 7 resources plan developed under subparagraph 8 (A)(ii). 9 (3) MAPS AND LEGAL DESCRIPTIONS.—In im- 10 plementing the amendments made by paragraph (1), 11 the reference in section 3012(a) of the Military 12 Lands Withdrawal Act of 1999 (Public Law 106–65; 13 113 Stat. 890) to the date of enactment of that Act 14 shall be considered to be a reference to the date of 15 enactment of this Act. 16 (c) MILITARY INFRASTRUCTURE DEPLOYMENT.— 17 Section 3011(b)(5)(C) of the Military Lands Withdrawal 18 Act of 1999 (Public Law 106–65; 113 Stat. 887) is 19 amended— 20 (1) by striking ‘‘If the’’ and inserting the fol- 21 lowing: 22 ‘‘(i) IN GENERAL.—If the’’; and 23 (2) by adding at the end the following: 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3145 IS ‘‘(ii) MILITARY INFRASTRUCTURE DE- 1 PLOYMENT.— 2 ‘‘(I) IN GENERAL.—The Sec- 3 retary of the Air Force, in consulta- 4 tion with the Secretary of the Inte- 5 rior, may deploy not more than 15 6 threat emitters as close as possible to 7 existing roads within the portions of 8 the Desert National Wildlife Refuge 9 that are closed to the public for mili- 10 tary operations, public safety, or na- 11 tional security purposes pursuant to 12 clause (i). 13 ‘‘(II) PLACEMENT.—Threat 14 emitters deployed under subclause (I) 15 shall be placed in such locations as 16 would, as determined by the Secretary 17 of the Air Force, in consultation with 18 the Secretary of the Interior, to the 19 maximum extent practicable, avoid— 20 ‘‘(aa) impacts to wilderness 21 areas designated by section 22 3(b)(1) of the Desert National 23 Wildlife Refuge and Nevada Test 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3145 IS and Training Range Withdrawal 1 and Management Act; 2 ‘‘(bb) wildlife guzzler instal- 3 lations; 4 ‘‘(cc) riparian areas; and 5 ‘‘(dd) Tribal cultural, his- 6 toric, and religious sites.’’. 7 (d) UNITED STATES FISH AND WILDLIFE SERVICE 8 ACCESS.—Section 3011(b)(5)(D) of the Military Lands 9 Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 10 888) is amended— 11 (1) in the matter preceding clause (i), by strik- 12 ing ‘‘effect’’ and inserting ‘‘affect any of’’; and 13 (2) by adding at the end the following: 14 ‘‘(iv) The ability of the Secretary of 15 the Interior to regularly access (not less 16 frequently than monthly) the portions of 17 the joint use area of the Desert National 18 Wildlife Refuge where the Secretary of the 19 Interior exercises primary jurisdiction to 20 carry out the management responsibilities 21 of the Secretary of the Interior for the 22 Desert National Wildlife Refuge, including 23 the installation or maintenance of wildlife 24 water development projects, subject to such 25 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3145 IS terms and conditions as to which the Sec- 1 retary of the Interior and the Secretary of 2 the Air Force may mutually agree.’’. 3 (e) MEMORANDUM OF UNDERSTANDING.—Section 4 3011(b)(5)(E) of the Military Lands Withdrawal Act of 5 1999 (Public Law 106–65; 113 Stat. 888) is amended by 6 adding at the end the following: 7 ‘‘(v) UPDATES.— 8 ‘‘(I) IN GENERAL.—Not later than 90 9 days after the date of enactment of this 10 paragraph, the Secretary of the Interior 11 and the Secretary of the Air Force shall 12 enter into a memorandum of under- 13 standing (or revise any memorandum of 14 understanding in effect as of the date of 15 enactment of this paragraph) with respect 16 to the management of withdrawn and re- 17 served lands within the Desert National 18 Wildlife Refuge to ensure that the memo- 19 randum of understanding incorporates the 20 amendments made by section 2 of the 21 Desert National Wildlife Refuge and Ne- 22 vada Test and Training Range Withdrawal 23 and Management Act. 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3145 IS ‘‘(II) ADDITIONAL TERMS AND CONDI- 1 TIONS.—The memorandum of under- 2 standing described in subclause (I) may be 3 revised to include such other terms and 4 conditions as to which the Secretary of the 5 Interior and the Secretary of the Air Force 6 may mutually agree.’’. 7 (f) FISH AND WILDLIFE HABITAT SUPPORT.—Sec- 8 tion 3011(b)(5)(F) of the Military Lands Withdrawal Act 9 of 1999 (Public Law 106–65; 113 Stat. 889) is amend- 10 ed— 11 (1) in clause (i), by striking ‘‘for the’’ and in- 12 serting ‘‘for fish and wildlife habitat support or for 13 the’’; and 14 (2) in clause (ii)— 15 (A) in the matter preceding subclause (I), 16 by striking ‘‘clause (i) to—’’ and inserting 17 ‘‘clause (i)—’’; 18 (B) in subclause (I), by striking ‘‘(I) ac- 19 quire’’ and inserting ‘‘(I)(aa) acquire’’; 20 (C) by redesignating subclause (II) as item 21 (bb); 22 (D) in subclause (I)(bb) (as so redesig- 23 nated), by striking ‘‘such lands.’’ and inserting 24 ‘‘the lands described in item (aa); and’’; and 25 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3145 IS (E) by adding at the end the following: 1 ‘‘(II) provide mitigation payments to 2 the Secretary of the Interior for fish and 3 wildlife habitat support on lands with- 4 drawn and reserved for use by the Air 5 Force within the Desert National Wildlife 6 Refuge.’’. 7 (g) WILDLIFE WATER DEVELOPMENT PROJECTS.— 8 Section 3011(b)(5) of the Military Lands Withdrawal Act 9 of 1999 (Public Law 106–65; 113 Stat. 887) is amended 10 by adding at the end the following: 11 ‘‘(G) WILDLIFE WATER DEVELOPMENT 12 PROJECTS.— 13 ‘‘(i) IN GENERAL.—The Secretary of 14 the Interior may authorize structures and 15 facilities for wildlife water development 16 projects (including guzzlers) in the Desert 17 National Wildlife Refuge if the structures 18 and facilities— 19 ‘‘(I) will enhance the purposes of 20 the Desert National Wildlife Refuge 21 by promoting healthy, viable, and 22 more naturally distributed wildlife 23 populations; and 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3145 IS ‘‘(II) are consistent with the laws 1 (including regulations) generally ap- 2 plicable to the management of the 3 Desert National Wildlife Refuge and 4 the National Wildlife Refuge System. 5 ‘‘(ii) ACCESS.—The Secretary of the 6 Interior, in consultation with the Secretary 7 of the Air Force and the State of Nevada, 8 shall provide for access to allow for nec- 9 essary maintenance and monitoring of the 10 structures and facilities authorized under 11 clause (i).’’. 12 (h) UNITED STATES FISH AND WILDLIFE SERVICE 13 AND DEPARTMENT OF THE AIR FORCE COORDINATION.— 14 Section 3011(b)(5) of the Military Lands Withdrawal Act 15 of 1999 (Public Law 106–65; 113 Stat. 887) (as amended 16 by subsection (g)) is amended by adding at the end the 17 following: 18 ‘‘(H) INTERAGENCY COMMITTEE.—The 19 Secretary of the Interior and the Secretary of 20 the Air Force shall jointly establish an inter- 21 agency committee to facilitate coordination and 22 minimize potential conflict between the Depart- 23 ment of the Interior and the Department of the 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3145 IS Air Force with respect to joint operating areas 1 within the Desert National Wildlife Refuge.’’. 2 (i) INTERGOVERNMENTAL EXECUTIVE COM- 3 MITTEE.—Section 3011(b)(5) of the Military Lands With- 4 drawal Act of 1999 (Public Law 106–65; 113 Stat. 887) 5 (as amended by subsection (h)) is amended by adding at 6 the end the following: 7 ‘‘(I) INTERGOVERNMENTAL EXECUTIVE 8 COMMITTEE.— 9 ‘‘(i) ESTABLISHMENT.—The Secretary 10 of the Interior and the Secretary of the Air 11 Force shall jointly establish, by memo- 12 randum of understanding, an intergovern- 13 mental executive committee (referred to in 14 this subparagraph as the ‘executive com- 15 mittee’) in accordance with this subpara- 16 graph. 17 ‘‘(ii) PURPOSE.—The executive com- 18 mittee shall be established for the purpose 19 of exchanging views, information, and ad- 20 vice relating to the management of the 21 natural and cultural resources of the lands 22 withdrawn and reserved by this section. 23 ‘‘(iii) MEMBERSHIP.—The executive 24 committee shall comprise— 25 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3145 IS ‘‘(I) not more than 3 representa- 1 tives of State or Federal offices or 2 agencies, or private groups or individ- 3 uals, if the Secretary of the Air Force 4 and the Secretary of the Interior 5 jointly determine that the representa- 6 tives would further the goals and ob- 7 jectives of the executive committee; 8 ‘‘(II) 1 representative of the Ne- 9 vada Department of Wildlife; 10 ‘‘(III) not more than 1 county 11 commissioner of each of Clark, Nye, 12 and Lincoln Counties, Nevada; 13 ‘‘(IV) not more than 1 represent- 14 ative of each Indian tribe in the vicin- 15 ity of the portions of the joint use 16 area of the Desert National Wildlife 17 Refuge where the Secretary of the In- 18 terior exercises primary jurisdiction; 19 and 20 ‘‘(V) such additional members as 21 may be designated at the discretion of 22 the Secretary of the Interior and the 23 Secretary of the Air Force. 24 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3145.IS S3145 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3145 IS ‘‘(iv) OPERATION.—The executive 1 committee shall operate in accordance with 2 the terms set forth in the memorandum of 3 understanding under clause (i), which shall 4 specify the officials or other individuals to 5 be invited to participate in the executive 6 committee. 7 ‘‘(v) PROCEDURES.—Subject to 8 clauses (vi) and (vii), the memorandum of 9 understanding under clause (i) shall estab- 10 lish procedures for— 11 ‘‘(I) creating a forum for car- 12 rying out the purpose described in 13 clause (ii); 14 ‘‘(II) rotating the Chairperson of 15 the executive committee; and 16 ‘‘(III) scheduling regular meet- 17 ings. 18 ‘‘(vi) CHAIRPERSON AND VICE CHAIR- 19 PERSON.— 20 ‘‘(I) IN GENERAL.—The members 21 of the executive committee shall elect 22 from among the members— 23 VerDate Sep 11 2014 15:47 Dec 29, 2019 Jkt 099200 [Text truncated for display. 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