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

I 116TH CONGRESS 2D SESSION H. R. 5606 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 HOUSE OF REPRESENTATIVES JANUARY 15, 2020 Mr. HORSFORD (for himself, Ms. TITUS, Mr. AMODEI, and Mrs. LEE of Ne- vada) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed Serv- ices, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5606 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Desert National Wild- 2 life Refuge and Nevada Test and Training Range With- 3 drawal and Management Act’’. 4 SEC. 2. EXTENSION OF WITHDRAWAL AND RESERVATION 5 OF CERTAIN PUBLIC LAND IN NEVADA FOR 6 THE CONTINUED USE OF THE NEVADA TEST 7 AND TRAINING RANGE. 8 (a) IN GENERAL.—Section 3015(a) of the Military 9 Lands Withdrawal Act of 1999 (Public Law 106–65; 113 10 Stat. 892) is amended— 11 (1) by striking ‘‘The withdrawal’’ and inserting 12 the following: 13 ‘‘(1) IN GENERAL.—The withdrawal’’; and 14 (2) in paragraph (1) (as so designated), by 15 striking ‘‘20 years after November 6, 2001’’ and in- 16 serting the following: ‘‘in accordance with para- 17 graphs (2) and (3), as applicable. 18 ‘‘(2) NAVAL AIR STATION FALLON RANGES, NE- 19 VADA.—The withdrawal and reservation of lands for 20 the Naval Air Station Fallon Ranges, Nevada, under 21 section 3011(a) shall terminate on November 6, 22 2021. 23 ‘‘(3) NEVADA TEST AND TRAINING RANGE.— 24 The withdrawal and reservation of lands for the Ne- 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5606 IH vada Test and Training Range under section 1 3011(b) shall terminate on November 6, 2041.’’. 2 (b) LANDS WITHDRAWN AND RESERVED.— 3 (1) IN GENERAL.—Section 3011(b)(4) of the 4 Military Lands Withdrawal Act of 1999 (Public Law 5 106–65; 113 Stat. 887) is amended— 6 (A) by striking ‘‘2,919,890 acres’’ and in- 7 serting ‘‘3,006,386 acres’’; and 8 (B) by striking ‘‘map entitled ‘Nevada 9 Test and Training Range, Proposed Withdrawal 10 Extension’, dated April 22, 1999’’ and inserting 11 ‘‘map entitled ‘Desert National Wildlife Refuge 12 and Nevada Test and Training Range With- 13 drawal and Management Act’, dated December 14 18, 2019’’. 15 (2) CULTURAL RESOURCE INVESTIGATION.— 16 The Secretary of the Air Force and the Secretary of 17 the Interior shall not implement the withdrawal of 18 the public lands withdrawn as a result of the amend- 19 ments made by paragraph (1) until— 20 (A) the Tribal Resource Officer established 21 under subparagraph (K)(i) of section 22 3011(b)(5) of the Military Lands Withdrawal 23 Act of 1999 (Public Law 106–65; 113 Stat. 24 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5606 IH 887), in consultation with the Indian Tribes lo- 1 cated in the vicinity of those public lands— 2 (i) completes a cultural resources in- 3 vestigation and inventory; and 4 (ii) develops a cultural resources plan 5 to protect, and facilitate Tribal access to, 6 cultural resources identified by the inves- 7 tigation and inventory under clause (i); 8 and 9 (B) the Secretary of the Air Force and the 10 Secretary of the Interior implement the cultural 11 resources plan developed under subparagraph 12 (A)(ii). 13 (3) MAPS AND LEGAL DESCRIPTIONS.—In im- 14 plementing the amendments made by paragraph (1), 15 the reference in section 3012(a) of the Military 16 Lands Withdrawal Act of 1999 (Public Law 106–65; 17 113 Stat. 890) to the date of enactment of that Act 18 shall be considered to be a reference to the date of 19 enactment of this Act. 20 (c) MILITARY INFRASTRUCTURE DEPLOYMENT.— 21 Section 3011(b)(5)(C) of the Military Lands Withdrawal 22 Act of 1999 (Public Law 106–65; 113 Stat. 887) is 23 amended— 24 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5606 IH (1) by striking ‘‘If the’’ and inserting the fol- 1 lowing: 2 ‘‘(i) IN GENERAL.—If the’’; and 3 (2) by adding at the end the following: 4 ‘‘(ii) MILITARY INFRASTRUCTURE DE- 5 PLOYMENT.— 6 ‘‘(I) IN GENERAL.—The Sec- 7 retary of the Air Force, in consulta- 8 tion with the Secretary of the Inte- 9 rior, may deploy not more than 15 10 threat emitters as close as possible to 11 existing roads within the portions of 12 the Desert National Wildlife Refuge 13 that are closed to the public for mili- 14 tary operations, public safety, or na- 15 tional security purposes pursuant to 16 clause (i). 17 ‘‘(II) PLACEMENT.—Threat 18 emitters deployed under subclause (I) 19 shall be placed in such locations as 20 would, as determined by the Secretary 21 of the Air Force, in consultation with 22 the Secretary of the Interior, to the 23 maximum extent practicable, avoid— 24 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5606 IH ‘‘(aa) impacts to wilderness 1 areas designated by section 2 3(b)(1) of the Desert National 3 Wildlife Refuge and Nevada Test 4 and Training Range Withdrawal 5 and Management Act; 6 ‘‘(bb) wildlife guzzler instal- 7 lations; 8 ‘‘(cc) riparian areas; and 9 ‘‘(dd) Tribal cultural, his- 10 toric, and religious sites.’’. 11 (d) UNITED STATES FISH AND WILDLIFE SERVICE 12 ACCESS.—Section 3011(b)(5)(D) of the Military Lands 13 Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 14 888) is amended— 15 (1) in the matter preceding clause (i), by strik- 16 ing ‘‘effect’’ and inserting ‘‘affect any of’’; and 17 (2) by adding at the end the following: 18 ‘‘(iv) The ability of the Secretary of 19 the Interior to regularly access (not less 20 frequently than monthly) the portions of 21 the joint use area of the Desert National 22 Wildlife Refuge where the Secretary of the 23 Interior exercises primary jurisdiction to 24 carry out the management responsibilities 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5606 IH of the Secretary of the Interior for the 1 Desert National Wildlife Refuge, including 2 the installation or maintenance of wildlife 3 water development projects, subject to such 4 terms and conditions as to which the Sec- 5 retary of the Interior and the Secretary of 6 the Air Force may mutually agree.’’. 7 (e) MEMORANDUM OF UNDERSTANDING.—Section 8 3011(b)(5)(E) of the Military Lands Withdrawal Act of 9 1999 (Public Law 106–65; 113 Stat. 888) is amended by 10 adding at the end the following: 11 ‘‘(v) UPDATES.— 12 ‘‘(I) IN GENERAL.—Not later than 90 13 days after the date of enactment of this 14 paragraph, the Secretary of the Interior 15 and the Secretary of the Air Force shall 16 enter into a memorandum of under- 17 standing (or revise any memorandum of 18 understanding in effect as of the date of 19 enactment of this paragraph) with respect 20 to the management of withdrawn and re- 21 served lands within the Desert National 22 Wildlife Refuge to ensure that the memo- 23 randum of understanding incorporates the 24 amendments made by section 2 of the 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5606 IH Desert National Wildlife Refuge and Ne- 1 vada Test and Training Range Withdrawal 2 and Management Act. 3 ‘‘(II) ADDITIONAL TERMS AND CONDI- 4 TIONS.—The memorandum of under- 5 standing described in subclause (I) may be 6 revised to include such other terms and 7 conditions as to which the Secretary of the 8 Interior and the Secretary of the Air Force 9 may mutually agree.’’. 10 (f) FISH AND WILDLIFE HABITAT SUPPORT.—Sec- 11 tion 3011(b)(5)(F) of the Military Lands Withdrawal Act 12 of 1999 (Public Law 106–65; 113 Stat. 889) is amend- 13 ed— 14 (1) in clause (i), by striking ‘‘for the’’ and in- 15 serting ‘‘for fish and wildlife habitat support or for 16 the’’; and 17 (2) in clause (ii)— 18 (A) in the matter preceding subclause (I), 19 by striking ‘‘clause (i) to—’’ and inserting 20 ‘‘clause (i)—’’; 21 (B) in subclause (I), by striking ‘‘(I) ac- 22 quire’’ and inserting ‘‘(I)(aa) acquire’’; 23 (C) by redesignating subclause (II) as item 24 (bb); 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5606 IH (D) in subclause (I)(bb) (as so redesig- 1 nated), by striking ‘‘such lands.’’ and inserting 2 ‘‘the lands described in item (aa); and’’; and 3 (E) by adding at the end the following: 4 ‘‘(II) provide mitigation payments to 5 the Secretary of the Interior for fish and 6 wildlife habitat support on lands with- 7 drawn and reserved for use by the Air 8 Force within the Desert National Wildlife 9 Refuge.’’. 10 (g) WILDLIFE WATER DEVELOPMENT PROJECTS.— 11 Section 3011(b)(5) of the Military Lands Withdrawal Act 12 of 1999 (Public Law 106–65; 113 Stat. 887) is amended 13 by adding at the end the following: 14 ‘‘(G) WILDLIFE WATER DEVELOPMENT 15 PROJECTS.— 16 ‘‘(i) IN GENERAL.—The Secretary of 17 the Interior may authorize structures and 18 facilities for wildlife water development 19 projects (including guzzlers) in the Desert 20 National Wildlife Refuge if the structures 21 and facilities— 22 ‘‘(I) will enhance the purposes of 23 the Desert National Wildlife Refuge 24 by promoting healthy, viable, and 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5606 IH more naturally distributed wildlife 1 populations; and 2 ‘‘(II) are consistent with the laws 3 (including regulations) generally ap- 4 plicable to the management of the 5 Desert National Wildlife Refuge and 6 the National Wildlife Refuge System. 7 ‘‘(ii) ACCESS.—The Secretary of the 8 Interior, in consultation with the Secretary 9 of the Air Force and the State of Nevada, 10 shall provide for access to allow for nec- 11 essary maintenance and monitoring of the 12 structures and facilities authorized under 13 clause (i).’’. 14 (h) UNITED STATES FISH AND WILDLIFE SERVICE 15 AND DEPARTMENT OF THE AIR FORCE COORDINATION.— 16 Section 3011(b)(5) of the Military Lands Withdrawal Act 17 of 1999 (Public Law 106–65; 113 Stat. 887) (as amended 18 by subsection (g)) is amended by adding at the end the 19 following: 20 ‘‘(H) INTERAGENCY COMMITTEE.—The 21 Secretary of the Interior and the Secretary of 22 the Air Force shall jointly establish an inter- 23 agency committee to facilitate coordination and 24 minimize potential conflict between the Depart- 25 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5606 IH ment of the Interior and the Department of the 1 Air Force with respect to joint operating areas 2 within the Desert National Wildlife Refuge.’’. 3 (i) INTERGOVERNMENTAL EXECUTIVE COM- 4 MITTEE.—Section 3011(b)(5) of the Military Lands With- 5 drawal Act of 1999 (Public Law 106–65; 113 Stat. 887) 6 (as amended by subsection (h)) is amended by adding at 7 the end the following: 8 ‘‘(I) INTERGOVERNMENTAL EXECUTIVE 9 COMMITTEE.— 10 ‘‘(i) ESTABLISHMENT.—The Secretary 11 of the Interior and the Secretary of the Air 12 Force shall jointly establish, by memo- 13 randum of understanding, an intergovern- 14 mental executive committee (referred to in 15 this subparagraph as the ‘executive com- 16 mittee’) in accordance with this subpara- 17 graph. 18 ‘‘(ii) PURPOSE.—The executive com- 19 mittee shall be established for the purpose 20 of exchanging views, information, and ad- 21 vice relating to the management of the 22 natural and cultural resources of the lands 23 withdrawn and reserved by this section. 24 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 5606 IH ‘‘(iii) MEMBERSHIP.—The executive 1 committee shall comprise— 2 ‘‘(I) not more than 3 representa- 3 tives of State or Federal offices or 4 agencies, or private groups or individ- 5 uals, if the Secretary of the Air Force 6 and the Secretary of the Interior 7 jointly determine that the representa- 8 tives would further the goals and ob- 9 jectives of the executive committee; 10 ‘‘(II) 1 representative of the Ne- 11 vada Department of Wildlife; 12 ‘‘(III) not more than 1 county 13 commissioner of each of Clark, Nye, 14 and Lincoln Counties, Nevada; 15 ‘‘(IV) not more than 1 represent- 16 ative of each Indian tribe in the vicin- 17 ity of the portions of the joint use 18 area of the Desert National Wildlife 19 Refuge where the Secretary of the In- 20 terior exercises primary jurisdiction; 21 and 22 ‘‘(V) such additional members as 23 may be designated at the discretion of 24 VerDate Sep 11 2014 17:55 Jan 16, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5606.IH H5606 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 5606 IH the Secretary of the Interior and the 1 Secretary of the Air Force. 2 ‘‘(iv) OPERATION.—The executive 3 committee shall operate in accordance with 4 the terms set forth in the memorandum of 5 understanding under clause (i), which shall 6 specify the officials or other individuals to 7 be invited to participate in the executive 8 committee. 9 ‘‘(v) PROCEDURES.—Subject to 10 clauses (vi) and (vii), the memorandum of 11 understanding under clause (i) shall estab- 12 lish procedures for— 13 ‘‘(I) creating a forum for car- 14 rying out the purpose described in 15 clause (ii); 16 ‘‘(II) rotating the Chairperson of 17 the executive committee; and [Text truncated for display. 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