Overview
Title
To provide for conservation and economic development in the State of Nevada, and for other purposes.
ELI5 AI
S. 4457 is a bill to help Nevada grow by giving some land to Native American tribes and local groups for things like parks and water facilities, while also taking care of nature. It wants to make more places where people can have fun outside and help stop a river from washing away too much dirt.
Summary AI
S. 4457, titled the "Southern Nevada Economic Development and Conservation Act," is a bill aimed at promoting conservation and economic growth in Nevada. It outlines the transfer of land to be held in trust for certain Native American tribes, establishes special management areas, and supports the development of local infrastructure such as parks, recreation areas, and water facilities. The bill also emphasizes the protection of the environment and wildlife while allowing for specific types of development like affordable housing. In addition, it aims to enhance off-highway vehicle recreation areas and support the completion of weirs on the Las Vegas Wash to manage erosion.
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AnalysisAI
A recent legislative proposal known as the "Southern Nevada Economic Development and Conservation Act" aims to address conservation and economic development efforts within the state of Nevada. Introduced by Senator Cortez Masto, the bill covers a wide array of topics, including land transfers, conservation area adjustments, and infrastructure development. It is designed to facilitate collaboration between federal entities, tribal groups, and local governments in enhancing Nevada's economic growth while preserving its natural and cultural resources. The bill's provisions affect various regions within the state, particularly favoring Clark County and involving local tribes in the land management process.
General Summary
The proposed legislation covers several key areas:
Land Transfer to Tribal Trusts: Large areas of land will be transferred to tribes such as the Moapa Band of Paiutes and the Las Vegas Paiute Tribe to hold in trust. This aims at empowering tribal communities by providing resources to enhance their economic and social development.
Local Government Collaborations: The bill proposes transferring federal land to local governments like the City of Henderson and Clark County, allowing them to pursue public projects like recreation facilities and public safety enhancements without financial compensation.
Wilderness and Conservation Initiatives: It extends certain public lands into the National Wilderness Preservation System and makes adjustments to conservation area boundaries, aiming to protect Nevada's ecological and recreational assets.
Regulatory Amendments: Amendments to existing laws are introduced to streamline processes related to public land management and support for affordable housing projects.
Significant Issues
A number of pertinent issues arise within the bill's text:
Conveyance Without Consideration: Throughout the proposal, land transfers to local entities are labeled "without consideration," meaning no payment is required. This raises concerns about the potential loss of federal resources, fiscal responsibility, and favoritism towards specific areas or governments.
Gaming and Economic Opportunities: Specifically concerning the land transfers to tribal entities, restrictions on gaming activities (Class II and III) could limit economic opportunities for tribes, raising questions about alternative compensation or development initiatives.
Use and Availability of Maps: The bill frequently references maps that are not included within the text, potentially leading to transparency issues as stakeholders might not fully comprehend the geographic boundaries and legal implications discussed.
Discretionary Powers of the Secretary: Several provisions grant the Secretary of the Interior considerable discretionary power, potentially resulting in inconsistent applications of the law and concerns about the checks and balances that are traditionally part of such decisions.
Environmental and Economic Impacts: Large additions to the National Wilderness Preservation System and other conservation designations could be seen positively as safeguarding natural areas; however, they lack detailed management plans, which might affect their practical implementation.
Impacts on the Public and Stakeholders
Broadly, the bill could have mixed impacts. For the general public, especially those in Nevada, it promises enhanced community resources and recreational opportunities but may come at the cost of losing public lands for restricted uses. For environmental conservationists, the expansions in wilderness areas may signify critical victories in preserving Nevada's natural beauty.
On the other hand, specific stakeholders could see varied effects:
Tribal Communities: They may benefit from autonomy and resources resulting in economic revitalization, but the gaming limitations and complex management responsibilities might limit potential financial gains or strain administrative capacities.
Local Governments: Beneficiaries like Clark County could find themselves better equipped to develop public infrastructures, although they might face challenges in meeting all terms for land use, especially regarding remediation responsibilities.
Federal Government: The broad transfers of land without consideration could raise questions about financial stewardship. Moreover, the need to balance environmental protection with economic growth initiatives poses a significant administrative challenge.
Overall, while ambitious in scope, the bill touches on many sensitive areas that require careful evaluation to ensure equitable benefits to all involved while preserving Nevada's unique environment and cultural heritage.
Financial Assessment
One of the notable financial aspects of the "Southern Nevada Economic Development and Conservation Act" (S. 4457) is the conveyance of federal land for a nominal fee of not more than $100 per acre. This is specifically mentioned in Section 203 regarding the acquisition of land for affordable housing purposes. Such low-cost transfer of federally-owned land is intended to facilitate the development of affordable housing, presumably by reducing upfront costs for relevant local government entities. However, this may raise questions about the financial prudence and fairness of distributing valuable federal resources without securing compensation more reflective of market values.
Several sections of the bill involve conveying federal land "without consideration"—meaning without requiring payment in return—to various municipalities and entities. These include Sections 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, and 414. While the bill may aim to promote public projects such as recreation areas, safety facilities, and water management, the transfer of land without financial compensation poses potential concerns. It reflects a significant financial decision by the federal government to forgo potential revenue that could be generated from these lands. Issues identified with such practices include the potential for favoritism and lack of accountability, as the bill grants broad discretion to the Secretary to make decisions related to land use and reversion in the "best interest of the United States."
The bill does not explicitly allocate federal funds or outline appropriations for its initiatives. There is also a lack of detailed financial oversight mechanisms or accountability standards for the conveyed properties, which raises concerns about how these lands will be managed financially after their transfer. This absence of defined accountability measures could contribute to misuse or inefficient use of these lands, particularly when public purposes are not distinctly outlined or when conveyed lands are not actively monitored for compliance with their intended uses.
In summary, while the bill includes several provisions intended to stimulate economic development and support public projects by transferring federal lands, the manner of financial handling—particularly the low-cost and no-cost transfers—might lead to issues related to fairness, loss of potential federal revenue, and lack of oversight. The financial implications and strategic appropriations require careful scrutiny to ensure that federal assets are managed effectively and equitably.
Issues
The conveyance of federal land 'without consideration' to various entities throughout the bill (such as to municipal entities in sections 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, and 414) might raise concerns about the loss of federal resources without compensation, potential favoritism towards certain localities, and the lack of financial responsibility.
The definition of 'County' in Section 2 is limited to Clark County, Nevada, which could be problematic if the bill is meant to apply to broader areas, potentially leading to exclusionary practices or limited applicability.
The bill conveys large areas of federal land into trust for tribal entities in Sections 101 and 102 without clear definitions or limitations concerning gaming (prohibition against class II and III gaming might be seen as limiting economic opportunities) and without specified management processes, which could lead to potential legal challenges or economic impact concerns.
The use of maps without providing access or detailed descriptions of their content throughout multiple sections (e.g., 101, 103, 204, 301, 406, and others) can lead to transparency issues, as stakeholders may not fully understand the boundaries and implications of the described areas.
The broad discretion granted to the Secretary in numerous sections to make determinations about land reversion 'in the best interest of the United States' (e.g., in Sections 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, and 414) could lead to inconsistent applications of the law and lack clear oversight or accountability mechanisms, raising concerns about transparency and fairness.
Section 301's additions to the National Wilderness Preservation System include large swathes of land without detailed explanations of management practices or impacts, which could lead to challenges regarding environmental protection and economic development.
The lack of detailed definitions or criteria concerning what constitutes 'public purposes' in various conveyances throughout the bill (e.g., Sections 401, 402, 403, 405, 406, and others) might lead to different interpretations and potential disputes about appropriate land uses.
Section 701's provisions on off-highway vehicle recreation areas appear to prioritize off-highway vehicle use but do not specify budget constraints or clear management strategies, leading to potential financial and environmental concerns.
The amendment in Section 207 to include the Tule Springs Fossil Bed National Monument without clear criteria might suggest preferential treatment unless justified through conservation priorities.
Section 603 concerning critical flood control facilities does not outline specific budget considerations or environmental impacts in sensitive areas, which may raise concerns about financial management and environmental protection.
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 outlines various initiatives including transferring land to tribal ownership, adjusting conservation area boundaries, and supporting local government projects in Nevada. The Act also addresses wilderness preservation, infrastructure development for public use, and the implementation of watershed plans in the stated regions.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the Act, including "County" as Clark County, Nevada, "Federal incidental take permit" related to the Endangered Species Act, "Secretary" as the Secretary of the Interior, "State" as Nevada, and "unit of local government" as defined in another law.
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 outlines the transfer of about 44,950 acres of land to be held in trust for the Moapa Band of Paiutes by the United States, including rights-of-way for certain transmission facilities, and specifies that the land will not be used for class II or III gaming. Additionally, it clarifies that there are no federal water rights attached to the land, although the Tribe may retain water rights granted under state law.
102. Tribal fee land to be held in trust Read Opens in new tab
Summary AI
The section explains that the United States government will hold about 196 acres of land in trust for the Moapa Band of Paiutes Tribe, making it part of their reservation. It also states that a survey to establish the land's boundaries must be completed within 180 days after the act becomes law.
103. Transfer of land to be held in trust for the Las Vegas Paiute Tribe Read Opens in new tab
Summary AI
The section deals with transferring a portion of land to be held in trust by the United States for the Las Vegas Paiute Tribe, adding it to their reservation. It sets conditions like granting a right-of-way for a power line, prohibiting gaming on the land, and clarifying water rights without affecting a pre-existing agreement with the city or U.S. reserved water rights.
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 section amends the definition of a "public park" in the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002, clarifying that it includes land developed or managed through a partnership between Clark County, Nevada, and private entities for recreational and supportive uses, which may involve charging fees to enter or use parts of the park.
202. Red Rock Canyon National Conservation Area boundary adjustment Read Opens in new tab
Summary AI
The Red Rock Canyon National Conservation Area boundary adjustment section modifies a previous law to update the size of the area to about 253,950 acres, according to a 2023 map.
203. Land disposal and public purpose conveyances Read Opens in new tab
Summary AI
The section discusses changes to the Southern Nevada Public Land Management Act of 1998, allowing for more land disposal near Las Vegas and prioritizing the review of land use applications for affordable housing. It also enables local governments to use public-private partnerships for affordable housing on federal land exempt from certain requirements, with possible additional terms set by the Secretary, in consultation with the Secretary of Housing and Urban Development.
Money References
- (3) ACQUISITION OF COVERED LAND FOR AFFORDABLE HOUSING PURPOSES.—On submission of an application to the Secretary by a unit of local government for the conveyance to the unit of local government of covered land for affordable housing purposes as authorized under section 7(b) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 111 Stat. 2349), not later than 90 days after the date of receipt of the application, the Secretary shall convey to the unit of local government, for consideration in an amount of not more than $100 per acre, all right, title, and interest of the United States in and to the covered land.
204. Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas Read Opens in new tab
Summary AI
The bill revokes the Ivanpah Area of Critical Environmental Concern and establishes several Special Management Areas in the county, which will be managed by the Bureau of Land Management to protect various natural and cultural resources. It outlines restrictions on motorized vehicles, road construction, and new uses of land, while allowing for necessary utility and transportation corridor maintenance and development, and clarifies that this does not interfere with existing airport projects or rights-of-way.
205. Relationship to the Clark County Multiple Species Habitat Conservation Plan Read Opens in new tab
Summary AI
The section outlines that if Clark County submits a complete application to update their habitat conservation plan, the Secretary will credit about 358,964 acres of land as a mitigation measure for potential development impacts and may extend the conservation plan's duration. It also clarifies that this Act does not change any existing aspects of the Clark County Multiple Species Habitat Conservation Plan.
206. Designation of Maude Frazier Mountain Read Opens in new tab
Summary AI
The bill section states that the peak of Frenchman Mountain, located in the State at specific geographic coordinates, will be officially named "Maude Frazier Mountain." Any mention of this peak in US laws, maps, or documents will now refer to it by this new name.
207. Availability of special account Read Opens in new tab
Summary AI
The section amends the Southern Nevada Public Land Management Act to include the Tule Springs Fossil Bed National Monument as one of the areas eligible for a special account, alongside the Great Basin National Park and other designated areas.
208. Nevada Cancer Institute land conveyance Read Opens in new tab
Summary AI
The section of the bill makes a small change to the 2009 Omnibus Public Land Management Act by adding language that includes any future owners or parties interested in the Nevada Cancer Institute land.
209. Sloan Canyon National Conservation Area boundary adjustment Read Opens in new tab
Summary AI
The bill proposes adjusting the boundary of the Sloan Canyon National Conservation Area by referencing a new map dated June 7, 2023, and increasing its total area from 48,438 to 57,728 acres. It also grants the Southern Nevada Water Authority rights to build and operate a water pipeline in specified areas with certain conditions to protect conservation resources, ensuring that existing and future utility corridors and rights-of-way are preserved and managed appropriately.
210. Sloan Job Creation Zone Read Opens in new tab
Summary AI
The section establishes the Sloan Job Creation Zone, which is 354 acres of federal land in Sloan, Nevada. This zone will be transferred to Clark County, which can use the land for nonresidential development or public purposes, follow certain planning rules, and meet noise compatibility requirements; if not used or managed as specified within 30 years, it may revert back to the federal government.
211. Amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989 Read Opens in new tab
Summary AI
The section outlines amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989, which involve updating definitions, allowing Clark County, North Las Vegas, or the Apex Industrial Park Owners Association to gain land rights, and authorizing the sale of mineral materials from land activities without formal bidding. Additionally, it mandates compliance with environmental laws for any land transfers within the Apex Site.
301. Additions to the National Wilderness Preservation System Read Opens in new tab
Summary AI
The text describes changes to a law from 2002, where several areas of federal land managed by different agencies are now added to the National Wilderness Preservation System. This includes new designations such as the "Mount Stirling Wilderness" and the "Southern Paiute Wilderness," each comprising thousands of acres, and emphasizes that these changes use the current bill's enactment date for reference within related wilderness laws.
401. City of Boulder City, Nevada, conveyance Read Opens in new tab
Summary AI
In this section, the City of Boulder City, Nevada, is allowed to request a transfer of specific federal land from the United States without any payment. The land must be used for public purposes, and if it ever stops being used for those purposes, it could be returned to the U.S., especially if it's in the nation's best interest; if the land is contaminated, the City is responsible for cleanup.
402. City of Mesquite, Nevada, conveyance for the protection of the Virgin River watershed Read Opens in new tab
Summary AI
The section allows the city of Mesquite, Nevada to receive about 250 acres of federal land for free to help protect the Virgin River watershed by implementing a management plan. If the land is no longer used for this purpose, it may return to federal ownership, and the city must clean up any hazardous waste if needed.
403. Clark County, Nevada, conveyance to support public safety and wildfire response Read Opens in new tab
Summary AI
Clark County, Nevada, is authorized to receive certain parcels of federal land without payment, for use as public safety and training facilities, as long as the land is used for its intended purpose; otherwise, it may revert back to the United States. The county is responsible for covering survey and related costs and must address any hazardous waste if a reversion occurs.
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 Moapa Valley Water District in Nevada to receive around 121 acres of federal land without charge for building and maintaining water infrastructure for certain local communities. If the land is no longer used for this public purpose, it may revert to the United States, with the District responsible for cleaning up any hazardous waste if the land is contaminated.
405. City of North Las Vegas, Nevada, conveyance for fire training facility Read Opens in new tab
Summary AI
In this section, the City of North Las Vegas, Nevada, is authorized to receive approximately 10 acres of federal land, free of charge, to build a fire training facility, provided they handle all related survey costs. If the land ever stops being used for this purpose, it might return to the U.S. government, especially if it's found to be contaminated, in which case the city would need to clean it up.
406. Clark County, Nevada, conveyance to support public recreation Read Opens in new tab
Summary AI
Clark County, Nevada, is authorized to receive various parcels of federal land at no cost for public recreation and infrastructure, as long as the land is used for its intended purpose; otherwise, it may revert to the United States, and the county will handle any necessary cleanup if the land is contaminated. The costs of land surveys and similar expenses must be covered by the county, and maps and legal descriptions of the land will be made available for public inspection.
407. Conveyance of Desert Breeze Water Resources Center in Clark County, Nevada Read Opens in new tab
Summary AI
The section permits the U.S. government to transfer 11 acres of federal land in Clark County, Nevada, to local water districts for use as wastewater treatment facilities, without requiring any payment, as long as the districts cover the costs of surveys and other related expenses. If the land is no longer used for this purpose, it may revert back to the federal government, and if contaminated, the districts must clean it up.
408. Clark County Water Reclamation District conveyance for wastewater treatment facility Read Opens in new tab
Summary AI
The section authorizes the conveyance of approximately 240 acres of federal land to the Clark County Water Reclamation District for a wastewater treatment facility, with conditions that include covering costs related to the land transfer and reversion of the land to the U.S. if it is no longer used for its intended public purpose. If the land must revert and is contaminated, the District is responsible for cleanup.
409. Water infrastructure conveyances for public purposes Read Opens in new tab
Summary AI
The section outlines the terms and authorizations for transferring specific parcels of Federal land to public water agencies in Nevada for water infrastructure, like treatment facilities and reservoirs. If the land is not used as intended, it can revert to the United States, and any contamination must be cleaned up by the water agency; this section does not allow for new groundwater development projects or interfere with the National Park Service's management of nearby areas.
410. Henderson, Nevada, conveyance to support public recreation Read Opens in new tab
Summary AI
In this section, the United States intends to transfer around 1,527 acres of federal land in Henderson, Nevada, to the city for public recreation and facilities, with the city responsible for related costs. If the land is not used as agreed, it can revert back to the U.S., and the city must handle any pollution issues if the land returns.
411. Flood control infrastructure conveyances for public purposes Read Opens in new tab
Summary AI
In Section 411, the bill outlines the process for transferring ownership of specific federal lands to local governments for flood control purposes without any cost. If the land is no longer used for the intended public purpose, it may revert back to the United States, and the local government must clean it up if it is contaminated.
412. Las Vegas, Nevada, conveyance to support public recreation Read Opens in new tab
Summary AI
The bill allows the city of Las Vegas to receive several parcels of federal land, totaling about 1,072 acres, for free to use for public recreation, as long as they pay for related costs like surveys. If any land is not used for its intended public purpose, it may be returned to the government, and Las Vegas would have to clean it up if it's contaminated.
413. North Las Vegas, Nevada, conveyance to support public recreation Read Opens in new tab
Summary AI
The bill allows the city of North Las Vegas, Nevada, to receive certain federal lands for public recreation, safety, and facilities, free of charge, as long as the city covers associated costs like land surveys. The lands will revert back to the federal government if they are not used for the intended public purposes, and the city must clean up any contamination if the land needs to be returned.
414. Mesquite, Nevada, conveyance to support public infrastructure Read Opens in new tab
Summary AI
The section outlines the conveyance of approximately 671.50 acres of Federal land in Mesquite, Nevada, to the city for public recreation and facilities, with the city responsible for associated costs and potential remediation if the land reverts to federal control due to misuse. The Secretary of the Interior will handle land descriptions and corrections, and if stopped from being used for its intended purpose, the land may revert back to the United States.
501. Implementation of Lower Virgin River watershed plan Read Opens in new tab
Summary AI
The section amends the Mesquite Lands Act of 1988 to focus on creating and implementing a watershed plan for the Lower Virgin River by changing the structure of the existing legal requirements under the law.
601. Southern Nevada Limited Transition Area Read Opens in new tab
Summary AI
Section 601 of the bill updates the definition and usage guidelines of the Southern Nevada Limited Transition Area, a specific land area in Henderson, Nevada. The City is allowed to use this land for nonresidential and some integrated residential development after purchasing it at fair market value, and they may also retain parcels for public recreation, other public purposes, or any city use with fair compensation.
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 managed by the Bureau of Land Management, specifying their purposes, which include preserving enjoyment for future generations and protecting various resources. It outlines management plans involving public consultation, permits motorized vehicles on designated roads and trails, ensures existing utility services remain, and withdraws the land from certain legal operations like mining, with legal descriptions and maps finalized and available for inspection.
702. Lower Las Vegas Wash weirs Read Opens in new tab
Summary AI
The section outlines that the Secretary is required to complete the construction of 6 erosion control weirs on the lower Las Vegas Wash within the Lake Mead National Recreation Area, as identified in a 2010 Federal Highway Administration study, within 8 years of the Act's enactment, provided that there are no conflicts with existing rights or laws.
703. Critical flood control facilities Read Opens in new tab
Summary AI
The Secretary is required to modify the Las Vegas Resource Management Plan from 1998 to permit the design and construction of flood control facilities in the Coyote Springs Desert Tortoise Area, as outlined in the Las Vegas Valley Master Plan for Flood Control Facilities by the Regional Flood Control District.
704. Jurisdiction over fish and wildlife Read Opens in new tab
Summary AI
The section explains that the State maintains its authority to manage fish and wildlife on any federal lands within its borders, and this right is not changed by the Act.