Overview
Title
To provide for conservation and economic development in the State of Nevada, and for other purposes.
ELI5 AI
S. 1005 is a plan to help nature and grow businesses in Nevada by giving some government land to Native American tribes and local communities. It also creates new nature areas for fun and makes sure the land keeps being used for the public, or it may go back to the government.
Summary AI
S. 1005 aims to promote conservation and economic development in Nevada by transferring certain federal lands to tribal and local entities. The bill sets aside land for conservation, designates new wilderness areas, and establishes off-highway vehicle recreation areas. It includes provisions for managing special natural areas, supporting public safety, and enhancing infrastructure for flood control and watershed management. Additionally, it ensures that any land conveyed must continue serving its designated public purpose, or it may revert back to federal ownership.
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AnalysisAI
The proposed legislation, titled the "Southern Nevada Economic Development and Conservation Act," aims to guide various development and conservation efforts within the state of Nevada. The bill outlines numerous initiatives, including land transfers for tribal empowerment, adjustments of conservation area boundaries, support for local government projects, implementation of watershed plans, and regulations around off-road recreational activities and flood control facilities.
Summary of Significant Issues
One notable aspect of the bill is the conveyance of federal land to different entities without financial compensation. This includes transfers to local governments like Clark County, the City of Mesquite, and Boulder City. For some stakeholders, these transfers may represent an opportunity for development and enhancement of local infrastructure. However, there are concerns that such conveyances might result in the loss of public resources without appropriate recompense, raising potential issues of favoritism or wasteful spending.
Multiple sections of the bill reference maps that are dated in the future, which could present challenges in terms of transparency and accountability. The accuracy and availability of these maps are crucial for the implementation of the bill and the establishment of property rights. If these maps were to change or if their status isn't clear, it could lead to legal disputes or implementation delays.
The definition of what constitutes a "public park" under the bill could lead to conflicts of interest when partnerships with private entities are involved. This concern is particularly relevant when fees for admittance or use are allowed, which may deviate from the traditional role of public lands being freely accessible to all.
The environmental impact of establishing large off-highway vehicle recreation areas is another concern. Without clear criteria and careful management, these areas could suffer from degradation, potentially requiring substantial spending to rectify damages.
Impact on the Public
The impact of the bill on the general public could be both positive and negative. On the one hand, by facilitating economic development and land management, the bill could lead to more efficient use of public lands, creation of jobs, and enhancements in public services and infrastructure. This could be particularly beneficial for residents in areas like Southern Nevada where economic development is a priority.
On the other hand, the broad delegation of federal lands without specified compensation or comprehensive oversight may raise concerns among the public regarding transparency and the equitable management of public resources. In addition, without proper management, the environmental impact of some measures could be detrimental in the long term, undermining conservation efforts and public trust in land management practices.
Impact on Specific Stakeholders
For specific stakeholders like local governments and tribal communities, the bill could offer significant benefits. Tribal lands placed in trust can support cultural preservation and economic development for communities like the Moapa Band of Paiutes and the Las Vegas Paiute Tribe. Local governments could see improvements in infrastructure and public services due to land conveyances and development projects.
However, conservation groups and those concerned with environmental impacts might view certain provisions within the bill as problematic, particularly where environmental oversight appears insufficient. Additionally, the ambiguity in land management plans and conveyance conditions could result in perceived favoritism or undue benefit to specific private interests, raising ethical concerns about how federal assets are managed and allocated.
In conclusion, while the intention behind the bill appears aimed at strengthening Southern Nevada’s economic and environmental landscape, it raises several issues that warrant careful consideration to ensure fair implementation and balanced benefits across various community sectors.
Issues
The conveyance of Federal land to various entities without consideration across multiple sections (e.g., Sec. 210, Sec. 401, Sec. 402, Sec. 403, Sec. 404, and Sec. 405) may raise concerns about the potential loss of public resources without compensation to the government, which might be perceived as favoritism or wasteful spending if the land holds significant value.
Many sections (such as Sec. 101, Sec. 102, Sec. 103, Sec. 202, Sec. 302, Sec. 501) reference maps dated in the future (November 14, 2024), which raises questions about the availability and transparency of these maps and their accuracy or potential changes over time, leading to possible legal and implementation ambiguities.
The definition of 'public park' under Sec. 201 includes partnerships between public and private entities which could result in conflicts of interest or favoritism towards private organizations, particularly if fees for admittance or usage are involved, potentially redefining public lands' traditional roles.
The language in Sec. 703 regarding critical flood control facilities lacks specific criteria for funding or bidding processes, which may result in financial favoritism or lack of competitive bidding, leaving room for political manipulation or misallocation of resources.
The discretionary reversion clauses in conveyance sections (e.g., Sec. 401, Sec. 402, Sec. 403, Sec. 404, and Sec. 405) provide significant power to the Secretary, potentially leading to arbitrary or inconsistent application, which could affect public trust and transparency in federal land management decisions.
The establishment of significant off-highway vehicle recreation areas in Sec. 701 may lead to environmental degradation if not properly managed, potentially resulting in long-term wasteful spending to mitigate these impacts. This is compounded by a lack of clarity on specific criteria for allowable activities within these areas.
The significant land designations and amendments involving multiple federal agencies in Sec. 301 lack detailed justifications, raising concerns about potential insufficient oversight or review, and scrutiny regarding partiality or outside influence in these land management processes.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Southern Nevada Economic Development and Conservation Act aims to facilitate various initiatives in Southern Nevada. It includes transferring lands for tribal empowerment, adjusting boundaries and protections for conservation areas, supporting local government arrangements for public purposes, implementing a watershed plan, and addressing off-road recreation and flood control facilities.
2. Definitions Read Opens in new tab
Summary AI
The text defines key terms used in the Act, including specific meanings for "County", which refers to Clark County, Nevada, "Federal incidental take permit", which relates to certain permits issued under the Endangered Species Act, "Secretary", which indicates the Secretary of the Interior, "Secretary concerned", concerning federal land, and "State", defined as Nevada.
101. Transfer of land to be held in trust for the Moapa Band of Paiutes Read Opens in new tab
Summary AI
The bill section provides for the transfer of approximately 44,950 acres of land to be held in trust by the United States for the Moapa Band of Paiutes, forming part of their reservation. This transfer ensures there are no provisions for gaming on the land, preserves the Tribe's water rights under state law while denying federal reserved water rights, and establishes both existing rights-of-way and a reservation for electric transmission facilities.
102. Tribal fee land to be held in trust Read Opens in new tab
Summary AI
The section outlines that the Tribe's rights to approximately 196 acres of land will be held in trust by the United States for the Tribe's benefit and made part of their reservation. A survey to define the land's boundaries must be completed within 180 days after the Act is enacted.
103. Transfer of land to be held in trust for the Las Vegas Paiute Tribe Read Opens in new tab
Summary AI
The section outlines the transfer of land to be held in trust for the Las Vegas Paiute Tribe, describing the land area and conditions such as establishing a right-of-way for renewable energy, prohibitions on gaming, and stipulations regarding water rights and an intergovernmental agreement. It also includes a mandatory survey to define the land boundaries and updates an existing piece of legislation.
201. Definition of public park under the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 Read Opens in new tab
Summary AI
The Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 has been updated to include definitions for "associated supportive use" and "public park." An "associated supportive use" is any use that enhances the function and enjoyment of a public park, while a "public park" refers to land developed for recreational purposes by a partnership between Clark County, Nevada, and a private entity, which may charge fees for entry or use.
202. Red Rock Canyon National Conservation Area boundary adjustment Read Opens in new tab
Summary AI
The Red Rock Canyon National Conservation Area boundary has been adjusted to now include approximately 253,950 acres, according to a new map titled "Southern Nevada Land Management" from November 14, 2024.
203. Land disposal and public purpose conveyances Read Opens in new tab
Summary AI
The section amends the Southern Nevada Public Land Management Act of 1998 to extend the date for land disposal and allow the nomination of additional acres near Las Vegas for disposal. It permits the movement and off-site disposal of sand and gravel for certain purposes, enables Clark County to make management changes for public health and safety without requiring approval from the Secretary, and prioritizes the review of affordable housing land use applications by local governments, requiring necessary reviews to be completed within 180 days.
204. Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas Read Opens in new tab
Summary AI
The bill outlines the revocation of the Ivanpah Area of Critical Environmental Concern and the establishment of several special management areas in the county to protect and enhance the natural, cultural, and wildlife resources. It specifies how these areas should be managed to conserve their attributes while allowing limited uses and maintaining public utility rights within designated corridors, ensuring no interference with existing operations or development plans like the Ivanpah Valley Airport.
205. Relationship to the Clark County Multiple Species Habitat Conservation Plan Read Opens in new tab
Summary AI
The section outlines the extension of the Clark County Multiple Species Habitat Conservation Plan by crediting nearly 359,000 acres of conserved land to offset impacts from future development in the area, while also extending the duration of the current conservation plan and permit as determined by federal authorities. It specifies that the Act does not otherwise change the existing Conservation Plan.
206. Designation of Maude Frazier Mountain Read Opens in new tab
Summary AI
The section designates the peak of Frenchman Mountain in the state, located by specific latitude and longitude coordinates, as "Maude Frazier Mountain." It also states that any mention of this peak in U.S. laws or documents should be considered a reference to "Maude Frazier Mountain."
207. Availability of special account Read Opens in new tab
Summary AI
The section modifies part of the Southern Nevada Public Land Management Act of 1998 to include "the Tule Springs Fossil Bed National Monument" alongside the Great Basin National Park and other areas in the special fund distribution.
208. Nevada Cancer Institute land conveyance Read Opens in new tab
Summary AI
The amendment to Section 2603(a)(3) of the Omnibus Public Land Management Act of 2009 allows the Nevada Cancer Institute, or any future successors, to be included in the section referring to land conveyance.
209. Sloan Canyon National Conservation Area boundary adjustment Read Opens in new tab
Summary AI
The Sloan Canyon National Conservation Area boundary is being adjusted with a new map and increased acreage. Additionally, a right-of-way is granted for water pipeline infrastructure with specific conditions to protect conservation resources, and the existing transmission and utility corridors will be preserved, all while adhering to applicable laws and ensuring no adverse effects on the area's surface resources.
210. Clark County conveyance Read Opens in new tab
Summary AI
In this section of the bill, the United States government plans to transfer about 350 acres of land in Sloan, Nevada, to Clark County for use as a "Job Creation Zone." Clark County can use this land for nonresidential development, sell or lease it for fair market value, or retain it for public purposes like recreation, while following certain noise and use compatibility rules. If the land is not used appropriately or within 30 years, it might revert back to the federal government.
301. Additions to the National Wilderness Preservation System Read Opens in new tab
Summary AI
The bill modifies the Clark County Conservation of Public Land and Natural Resources Act of 2002 to add several areas to the National Wilderness Preservation System. It changes the designation of certain federal lands in Southern Nevada managed by various federal agencies, totaling hundreds of thousands of acres, including areas like the Mount Stirling Wilderness and the Southern Paiute Wilderness. These new wilderness areas are depicted on a map dated November 14, 2024.
401. City of Boulder City, Nevada, conveyance Read Opens in new tab
Summary AI
The section outlines that the United States is allowing Boulder City, Nevada, to take over a piece of federal land without paying for it, as long as the land is used for a public purpose. If the land stops being used for that purpose, the US can take it back, and if the land is found to be contaminated before reversion, Boulder City will be responsible for cleaning it up.
402. City of Mesquite, Nevada, conveyance for the protection of the Virgin River watershed Read Opens in new tab
Summary AI
The section authorizes the U.S. government to transfer about 250 acres of federal land in Mesquite, Nevada, to the city for a watershed management plan to protect the Virgin River. If the land is not used as intended or becomes contaminated, it may revert back to the government, with the city responsible for cleaning up any contamination.
403. Clark County, Nevada, conveyance to support public safety and wildfire response Read Opens in new tab
Summary AI
Clark County, Nevada, is allowed to receive specific parcels of federal land for public safety and wildfire response facilities, such as police and fire stations, without payment, as long as they pay the costs like land surveys, and the land is used for its intended public purposes. If the land stops being used for these purposes, it may return to U.S. ownership, and the county will be responsible for cleaning any contamination if required.
404. Moapa Valley Water District, Nevada, conveyance to support access to rural water supply Read Opens in new tab
Summary AI
The section authorizes the Secretary to transfer around 121 acres of federal land in Nevada to the Moapa Valley Water District, which will use it to build necessary water infrastructure. If the land stops being used for this public purpose, it can revert back to the United States, and any contamination must be cleaned by the District.
405. City of North Las Vegas, Nevada, conveyance for fire training facility Read Opens in new tab
Summary AI
The section outlines a plan for the Secretary to transfer approximately 10 acres of federal land to the City of North Las Vegas, Nevada, for building a fire training facility, without charging the City, as long as the land is used for public safety purposes. If the land stops being used for this purpose, it might return to federal ownership, and the City will be responsible for cleaning up any hazardous waste if present.
501. Implementation of Lower Virgin River watershed plan Read Opens in new tab
Summary AI
The section updates a law related to the Mesquite Lands Act of 1988 by changing how plans are made for the Lower Virgin River. It removes specific parts and clarifies that the focus should be on developing and carrying out a watershed plan for this river.
601. Southern Nevada Limited Transition Area Read Opens in new tab
Summary AI
The section defines a "Transition Area" as a 742-acre piece of land in Henderson, Nevada, which can be sold or leased by the city for nonresidential and limited residential development at fair market value. The city may also choose to keep some land for public recreation or other purposes by informing the Secretary and paying an amount equal to the land's fair market value.
701. Off-highway vehicle recreation areas Read Opens in new tab
Summary AI
The section establishes several off-highway vehicle recreation areas on Federal land in Nevada and outlines their purposes, management guidelines, and vehicle usage rules. It also provides procedures for developing management plans, addresses how transportation and utility corridors will be handled, and specifies that the land within these areas is withdrawn from various public land, mining, and leasing laws.
702. Lower Las Vegas Wash weirs Read Opens in new tab
Summary AI
The Secretary is directed to complete the construction of six erosion control structures, known as weirs, in the lower Las Vegas Wash within the Lake Mead National Recreation Area. This must be done within eight years from the enactment date of the Act, provided there are sufficient funds and compliance with laws and existing rights.
703. Critical flood control facilities Read Opens in new tab
Summary AI
The Secretary is required to update the Las Vegas Resource Management Plan from 1998 to enable the planning and building of flood control facilities in a specific area that is important for the protection of desert tortoises. This update will align with the latest version of the Las Vegas Valley Master Plan for Flood Control Facilities, which includes a map showing the proposed facilities in the area.
704. Jurisdiction over fish and wildlife Read Opens in new tab
Summary AI
This section states that the rules in the Act do not change the State's control over managing fish or wildlife on any Federal land within that State.