Bill Summary
The "Desert National Wildlife Refuge and Nevada Test and Training Range Withdrawal and Management Act" establishes the short title and extends the withdrawal and reservation of public land for the Nevada test and training range. It also designates certain land in the Desert National Wildlife Refuge as wilderness and provides provisions for cultural resources, military infrastructure, and management coordination between the Department of the Interior and Department of the Air Force. This section also discusses the appointment of liaisons, public access to the Refuge, and the establishment of a Tribal Resource Officer. Additionally, it designates certain areas within the Refuge as wilderness and addresses issues related to management, military overflights, and wildlife water development projects.
Possible Impacts
1. The establishment of the Desert National Wildlife Refuge and Nevada Test and Training Range Withdrawal and Management Act will affect people in Nevada by designating certain land as wilderness and extending the withdrawal and reservation of public land for military use. This will impact outdoor enthusiasts who use the area for recreational activities and could potentially limit access to certain areas.
2. The provisions for cultural resource investigations and the appointment of a Tribal Resource Officer will impact Native American communities whose historic and culturally significant land falls within the designated wilderness areas. This legislation will have a direct effect on their ability to access and protect these areas.
3. The facilitation of public access and access for state and tribal representatives to portions of the Desert National Wildlife Refuge will impact individuals and organizations who use the area for research, education, and conservation efforts. The appointment of liaisons by the Secretaries of the Interior and Air Force will also impact the coordination and communication between these groups and the government.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3145 Introduced in Senate (IS)]
<DOC>
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 wilderness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Desert National Wildlife Refuge and
Nevada Test and Training Range Withdrawal and Management Act''.
SEC. 2. EXTENSION OF WITHDRAWAL AND RESERVATION OF CERTAIN PUBLIC LAND
IN NEVADA FOR THE CONTINUED USE OF THE NEVADA TEST AND
TRAINING RANGE.
(a) In General.--Section 3015(a) of the Military Lands Withdrawal
Act of 1999 (Public Law 106-65; 113 Stat. 892) is amended--
(1) by striking ``The withdrawal'' and inserting the
following:
``(1) In general.--The withdrawal''; and
(2) in paragraph (1) (as so designated), by striking ``20
years after November 6, 2001'' and inserting the following:
``in accordance with paragraphs (2) and (3), as applicable.
``(2) Naval air station fallon ranges, nevada.--The
withdrawal and reservation of lands for the Naval Air Station
Fallon Ranges, Nevada, under section 3011(a) shall terminate on
November 6, 2021.
``(3) Nevada test and training range.--The withdrawal and
reservation of lands for the Nevada Test and Training Range
under section 3011(b) shall terminate on November 6, 2041.''.
(b) Lands Withdrawn and Reserved.--
(1) In general.--Section 3011(b)(4) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) is
amended--
(A) by striking ``2,919,890 acres'' and inserting
``3,006,386 acres''; and
(B) by striking ``map entitled `Nevada Test and
Training Range, Proposed Withdrawal Extension', dated
April 22, 1999'' and inserting ``map entitled `Desert
National Wildlife Refuge and Nevada Test and Training
Range Withdrawal and Management Act', dated December
18, 2019''.
(2) Cultural resource investigation.--The Secretary of the
Air Force and the Secretary of the Interior shall not implement
the withdrawal of the public lands withdrawn as a result of the
amendments made by paragraph (1) until--
(A) the Tribal Resource Officer established under
subparagraph (K)(i) of section 3011(b)(5) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-
65; 113 Stat. 887), in consultation with the Indian
Tribes located in the vicinity of those public lands--
(i) completes a cultural resources
investigation and inventory; and
(ii) develops a cultural resources plan to
protect, and facilitate Tribal access to,
cultural resources identified by the
investigation and inventory under clause (i);
and
(B) the Secretary of the Air Force and the
Secretary of the Interior implement the cultural
resources plan developed under subparagraph (A)(ii).
(3) Maps and legal descriptions.--In implementing the
amendments made by paragraph (1), the reference in section
3012(a) of the Military Lands Withdrawal Act of 1999 (Public
Law 106-65; 113 Stat. 890) to the date of enactment of that Act
shall be considered to be a reference to the date of enactment
of this Act.
(c) Military Infrastructure Deployment.--Section 3011(b)(5)(C) of
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
887) is amended--
(1) by striking ``If the'' and inserting the following:
``(i) In general.--If the''; and
(2) by adding at the end the following:
``(ii) Military infrastructure
deployment.--
``(I) In general.--The Secretary of
the Air Force, in consultation with the
Secretary of the Interior, may deploy
not more than 15 threat emitters as
close as possible to existing roads
within the portions of the Desert
National Wildlife Refuge that are
closed to the public for military
operations, public safety, or national
security purposes pursuant to clause
(i).
``(II) Placement.--Threat emitters
deployed under subclause (I) shall be
placed in such locations as would, as
determined by the Secretary of the Air
Force, in consultation with the
Secretary of the Interior, to the
maximum extent practicable, avoid--
``(aa) impacts to
wilderness areas designated by
section 3(b)(1) of the Desert
National Wildlife Refuge and
Nevada Test and Training Range
Withdrawal and Management Act;
``(bb) wildlife guzzler
installations;
``(cc) riparian areas; and
``(dd) Tribal cultural,
historic, and religious
sites.''.
(d) United States Fish and Wildlife Service Access.--Section
3011(b)(5)(D) of the Military Lands Withdrawal Act of 1999 (Public Law
106-65; 113 Stat. 888) is amended--
(1) in the matter preceding clause (i), by striking
``effect'' and inserting ``affect any of''; and
(2) by adding at the end the following:
``(iv) The ability of the Secretary of the
Interior to regularly access (not less
frequently than monthly) the portions of the
joint use area of the Desert National Wildlife
Refuge where the Secretary of the Interior
exercises primary jurisdiction to carry out the
management responsibilities of the Secretary of
the Interior for the Desert National Wildlife
Refuge, including the installation or
maintenance of wildlife water development
projects, subject to such terms and conditions
as to which the Secretary of the Interior and
the Secretary of the Air Force may mutually
agree.''.
(e) Memorandum of Understanding.--Section 3011(b)(5)(E) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
888) is amended by adding at the end the following:
``(v) Updates.--
``(I) In general.--Not later than 90 days
after the date of enactment of this paragraph,
the Secretary of the Interior and the Secretary
of the Air Force shall enter into a memorandum
of understanding (or revise any memorandum of
understanding in effect as of the date of
enactment of this paragraph) with respect to
the management of withdrawn and reserved lands
within the Desert National Wildlife Refuge to
ensure that the memorandum of understanding
incorporates the amendments made by section 2
of the Desert National Wildlife Refuge and
Nevada Test and Training Range Withdrawal and
Management Act.
``(II) Additional terms and conditions.--
The memorandum of understanding described in
subclause (I) may be revised to include such
other terms and conditions as to which the
Secretary of the Interior and the Secretary of
the Air Force may mutually agree.''.
(f) Fish and Wildlife Habitat Support.--Section 3011(b)(5)(F) of
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
889) is amended--
(1) in clause (i), by striking ``for the'' and inserting
``for fish and wildlife habitat support or for the''; and
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``clause (i) to--'' and inserting ``clause
(i)--'';
(B) in subclause (I), by striking ``(I) acquire''
and inserting ``(I)(aa) acquire'';
(C) by redesignating subclause (II) as item (bb);
(D) in subclause (I)(bb) (as so redesignated), by
striking ``such lands.'' and inserting ``the lands
described in item (aa); and''; and
(E) by adding at the end the following:
``(II) provide mitigation payments to the
Secretary of the Interior for fish and wildlife
habitat support on lands withdrawn and reserved
for use by the Air Force within the Desert
National Wildlife Refuge.''.
(g) Wildlife Water Development Projects.--Section 3011(b)(5) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
887) is amended by adding at the end the following:
``(G) Wildlife water development projects.--
``(i) In general.--The Secretary of the
Interior may authorize structures and
facilities for wildlife water development
projects (including guzzlers) in the Desert
National Wildlife Refuge if the structures and
facilities--
``(I) will enhance the purposes of
the Desert National Wildlife Refuge by
promoting healthy, viable, and more
naturally distributed wildlife
populations; and
``(II) are consistent with the laws
(including regulations) generally
applicable to the management of the
Desert National Wildlife Refuge and the
National Wildlife Refuge System.
``(ii) Access.--The Secretary of the
Interior, in consultation with the Secretary of
the Air Force and the State of Nevada, shall
provide for access to allow for necessary
maintenance and monitoring of the structures
and facilities authorized under clause (i).''.
(h) United States Fish and Wildlife Service and Department of the
Air Force Coordination.--Section 3011(b)(5) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended
by subsection (g)) is amended by adding at the end the following:
``(H) Interagency committee.--The Secretary of the
Interior and the Secretary of the Air Force shall
jointly establish an interagency committee to
facilitate coordination and minimize potential conflict
between the Department of the Interior and the
Department of the Air Force with respect to joint
operating areas within the Desert National Wildlife
Refuge.''.
(i) Intergovernmental Executive Committee.--Section 3011(b)(5) of
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat.
887) (as amended by subsection (h)) is amended by adding at the end the
following:
``(I) Intergovernmental executive committee.--
``(i) Establishment.--The Secretary of the
Interior and the Secretary of the Air Force
shall jointly establish, by memorandum of
understanding, an intergovernmental executive
committee (referred to in this subparagraph as
the `executive committee') in accordance with
this subparagraph.
``(ii) Purpose.--The executive committee
shall be established for the purpose of
exchanging views, information, and advice
relating to the management of the natural and
cultural resources of the lands withdrawn and
reserved by this section.
``(iii) Membership.--The executive
committee shall comprise--
``(I) not more than 3
representatives of State or Federal
offices or agencies, or private groups
or individuals, if the Secretary of the
Air Force and the Secretary of the
Interior jointly determine that the
representatives would further the goals
and objectives of the executive
committee;
``(II) 1 representative of the
Nevada Department of Wildlife;
``(III) not more than 1 county
commissioner of each of Clark, Nye, and
Lincoln Counties, Nevada;
``(IV) not more than 1
representative of each Indian tribe in
the vicinity of the portions of the
joint use area of the Desert National
Wildlife Refuge where the Secretary of
the Interior exercises primary
jurisdiction; and
``(V) such additional members as
may be designated at the discretion of
the Secretary of the Interior and the
Secretary of the Air Force.
``(iv) Operation.--The executive committee
shall operate in accordance with the terms set
forth in the memorandum of understanding under
clause (i), which shall specify the officials
or other individuals to be invited to
participate in the executive committee.
``(v) Procedures.--Subject to clauses (vi)
and (vii), the memorandum of understanding
under clause (i) shall establish procedures
for--
``(I) creating a forum for carrying
out the purpose described in clause
(ii);
``(II) rotating the Chairperson of
the executive committee; and
``(III) scheduling regular
meetings.
``(vi) Chairperson and vice chairperson.--
``(I) In general.--The members of
the executive committee shall elect
from among the members--
``(aa) 1 member to serve as
the Chairperson of the
executive committee; and
``(bb) 1 member to serve as
the Vice Chairperson of the
executive committee.
``(II) Duties.--The duties of each
of the Chairperson and the Vice
Chairperson shall be included in the
memorandum of understanding under
clause (i).
``(vii) Meetings.--
``(I) Frequency.--The executive
committee shall meet not less
frequently than 3 times every calendar
year.
``(II) Meeting locations.--
Locations of meetings of the executive
committee shall rotate to facilitate
ease of access for all executive
committee members.
``(III) Public accessibility.--
Meetings of the executive committee
shall--
``(aa) be open to the
public; and
``(bb) provide a forum for
the public to provide comment
regarding management of the
Nevada Test and Training Range
and the Desert National
Wildlife Refuge.
``(viii) Conditions and terms of
appointment.--
``(I) In general.--Each member of
the executive committee shall serve
voluntarily and without compensation.
``(II) Term of appointment.--
``(aa) In general.--Each
member of the executive
committee shall be appointed
for a term of 4 years.
``(bb) Original members.--
Notwithstanding item (aa), the
Secretary of the Interior and
the Secretary of the Air Force
shall select--
``(AA) \1/2\ of the
original members of the
executive committee to
serve for a term of 4
years; and
``(BB) \1/2\ of the
original members of the
executive committee to
serve for a term of 2
years.
``(III) Reappointment and
replacement.--The Secretary of the
Interior and the Secretary of the Air
Force may reappoint or replace a member
of the executive committee if--
``(aa) the term of the
member has expired;
``(bb) the member has
resigned; or
``(cc) the position held by
the member has changed to the
extent that the ability of the
member to represent the group
or entity that the member
represents has been
significantly affected.
``(ix) Liaisons.--The Secretary of the Air
Force and the Secretary of the Interior shall
each appoint appropriate operational and land
management personnel of the Department of the
Air Force and the Department of the Interior,
respectively, to serve as liaisons to the
executive committee.''.
(j) Access to the Refuge.--Section 3011(b)(5) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended
by subsection (i)) is amended by adding at the end the following:
``(J) Access to the refuge.--
``(i) Public access.--The Secretary of the
Interior shall facilitate timely public access
in portions of the joint use area of the Desert
National Wildlife Refuge that are not closed in
accordance with subparagraph (C)(i) for
military purposes for Tribal, recreational
(including hunting), educational, and research
purposes, in accordance with the laws
(including regulations) generally applicable to
the Desert National Wildlife Refuge and the
National Wildlife Refuge System.
``(ii) Access for state of nevada and
indian tribes.--The Secretary of the Interior
shall facilitate timely access, as determined
by the Secretary of the Interior, to the
portions of the joint use area of the Desert
National Wildlife Refuge where the Secretary of
the Interior exercises primary jurisdiction,
subject to such terms and conditions as to
which the Secretary of the Interior and
Secretary of the Air Force may mutually agree,
to--
``(I) representatives from the
Nevada Department of Wildlife to carry
out related management responsibilities
to care for wildlife and wildlife
habitat; and
``(II) Indian tribes in the
vicinity of those portions of the joint
use area to carry out cultural and
religious activities.''.
(k) Tribal Resource Support.--Section 3011(b)(5) of the Military
Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as
amended by subsection (j)) is amended by adding at the end the
following:
``(K) Tribal resource support.--
``(i) In general.--The Secretary of the Air
Force and the Secretary of the Interior shall
jointly establish the position of Tribal
Resource Officer to provide consultative
services and recommendations to mitigate
impacts to historic and culturally significant
land to local Indian tribes in carrying out
applicable activities under this paragraph.
``(ii) Appointment.--The Secretary of the
Air Force and the Secretary of the Interior
shall appoint an individual to the position
established under clause (i) on the
recommendation of Indian tribes in the vicinity
of the portions of the joint use area of the
Desert National Wildlife Refuge where the
Secretary of the Interior exercises primary
jurisdiction.''.
(l) Buffer Zone.--Section 3011(b)(5) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended
by subsection (k)) is amended by adding at the end the following:
``(L) Buffer zone.--The western boundary of the
Desert National Wildlife Refuge shall be 2,000 feet
west of the road depicted on the map referred to in
paragraph (4) as the boundary between the Desert
National Wildlife Refuge and the land jointly managed
by the Secretary of the Air Force and the Secretary of
the Interior.''.
(m) Indian Tribes.--
(1) In general.--Nothing in this Act or an amendment made
by this Act alters any rights reserved by treaty or Federal law
for an Indian Tribe for Tribal use of the public lands
withdrawn by paragraphs (1) and (2) of section 3011(b) of the
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113
Stat. 886).
(2) Consultation required.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the Air
Force and the Secretary of the Interior shall consult with any
Indian Tribes in the vicinity of the public lands withdrawn by
paragraphs (1) and (2) of section 3011(b) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 886)
before taking any action within the public lands affecting
Tribal rights or cultural resources protected by treaty or
Federal law.
(n) Conforming Amendments.--Section 3011(b) of the Military Lands
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 886) is amended--
(1) by striking the subsection designation and heading and
inserting the following:
``(b) Nevada Test and Training Range.--''; and
(2) in paragraph (3), by striking the paragraph designation
and heading and inserting the following:
``(3) Department of the interior.--''.
SEC. 3. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Desert
National Wildlife Refuge and Nevada Test and Training Range
Withdrawal and Management Act'' and dated December 9, 2019.
(2) Refuge.--The term ``Refuge'' means the Desert National
Wildlife Refuge.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Designation of Wilderness Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following land within the Refuge is
designated as wilderness and as components of the National
Wilderness Preservation System:
(A) Sheep range wilderness.--Certain Federal land
managed by the Director of the United States Fish and
Wildlife Service, comprising approximately 433,785
acres, generally depicted on the map as ``Sheep Range
Wilderness'', which shall be known as the ``Sheep Range
Wilderness''.
(B) Las vegas range wilderness.--Certain Federal
land managed by the Director of the United States Fish
and Wildlife Service, comprising approximately 146,826
acres, generally depicted on the map as ``Las Vegas
Range Wilderness'', which shall be known as the ``Las
Vegas Range Wilderness''.
(C) Gass peak wilderness.--Certain Federal land
managed by the Director of the United States Fish and
Wildlife Service, comprising approximately 32,954
acres, generally depicted on the map as ``Gass Peak
Wilderness'', which shall be known as the ``Gass Peak
Wilderness''.
(D) Papoose range wilderness.--Certain Federal land
managed by the Secretary of the Air Force and the
Director of the United States Fish and Wildlife
Service, comprising approximately 43,573 acres,
generally depicted on the map as ``Papoose Range
Wilderness'', which shall be known as the ``Papoose
Range Wilderness''.
(E) South spotted range wilderness.--Certain
Federal land managed by the Director of the United
States Fish and Wildlife Service and the Director of
the Bureau of Land Management, comprising approximately
51,243 acres, generally depicted on the map as ``South
Spotted Range Wilderness'', which shall be known as the
``South Spotted Range Wilderness''.
(F) Pintwater/east desert/spotted range
wilderness.--Certain Federal land managed by the
Secretary of the Air Force and the Director of the
United States Fish and Wildlife Service, comprising
approximately 463,585 acres, generally depicted on the
map as ``Pintwater/East Desert/Spotted Range
Wilderness'', which shall be known as the ``Pintwater/
East Desert/Spotted Range Wilderness''.
(G) Desert range wilderness.--Certain Federal land
managed by the Secretary of the Air Force and the
Director of the United States Fish and Wildlife
Service, comprising approximately 53,986 acres,
generally depicted on the map as ``Desert Range
Wilderness'', which shall be known as the ``Desert
Range Wilderness''.
(H) Hole-in-the-rock wilderness.--Certain Federal
land managed by the Secretary of the Air Force and the
Director of the United States Fish and Wildlife
Service, comprising approximately 84,854 acres,
generally depicted on the map as ``Hole-in-the-Rock
Wilderness'', which shall be known as the ``Hole-in-
the-Rock Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and legal description of each wilderness area
with--
(i) the Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Environment and
Public Works of the Senate; and
(iii) the Committee on Natural Resources of
the House of Representatives.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors
in the maps and legal descriptions.
(C) Availability.--Each map and legal description
filed under subparagraph (A) shall be on file and
available for public inspection in the appropriate
office of the United States Fish and Wildlife Service.
(c) Administration.--Subject to valid existing rights, the
Secretary shall administer the wilderness areas in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the wilderness areas to create protective
perimeters or buffer zones around the wilderness areas.
(2) Non-wilderness activities.--The fact that non-
wilderness activities or uses can be seen or heard from areas
within a wilderness area shall not preclude the conduct of
those activities or uses outside the boundary of the wilderness
area.
(e) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, including military overflights that can be
seen or heard within the wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
(f) Wildlife Water Development Projects.--The Secretary may
authorize structures and facilities, including existing structures and
facilities, for wildlife water development projects (including
guzzlers) in the wilderness areas if--
(1) the structures and facilities will enhance wilderness
values by promoting healthy, viable, and more naturally
distributed wildlife populations;
(2) the structures and facilities are consistent with the
laws (including regulations) applicable to the management of
the Refuge; and
(3) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
<all>