I 

114TH CONGRESS 

2D SESSION H. R. 4688 

To promote conservation, improve public land, and provide for sensible 

development in Douglas County, Nevada, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2016 

Mr. AMODEI (for himself, Mr. HARDY, Mr. HECK of Nevada, and Ms. TITUS) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To promote conservation, improve public land, and provide 

for sensible development in Douglas County, Nevada, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Douglas County Economic Development and Conserva6 tion Act of 2016’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—LAND CONVEYANCES AND SALES 

Sec. 101. Conveyance to State of Nevada. 

Sec. 102. Concessionaires at Zephyr Shoals Management Area. 

Sec. 103. Conveyance to Douglas County, Nevada. 

Sec. 104. Cooperative management agreement. 

Sec. 105. Sale of certain Federal land. 

TITLE II—TRIBAL CULTURAL RESOURCES 

Sec. 201. Transfer of land to be held in trust for Tribe. 

Sec. 202. Cooperative management agreement. 

TITLE III—RESOLUTION OF BURBANK CANYONS WILDERNESS 

STUDY AREA 

Sec. 301. Addition to National Wilderness Preservation System. 

Sec. 302. Administration. 

Sec. 303. Fish and wildlife management. 

Sec. 304. Release of wilderness study area. 

Sec. 305. Native American cultural and religious uses. 

TITLE IV—TRANSFER OF ADMINISTRATIVE JURISDICTION OVER 

FOREST SERVICE LAND 

Sec. 401. Authority of Forest Service to transfer administrative jurisdiction to 

State or County for public purposes. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means 

4 Douglas County, Nevada. 

5 (2) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘Proposed Douglas County Land Convey7 ances’’ and dated November 3, 2015. 

8 (3) PUBLIC LAND.—The term ‘‘public land’’ 

9 has the meaning given the term ‘‘public lands’’ in 

10 section 103 of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1702). 

12 (4) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means— 


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1 (A) with respect to National Forest Sys2 tem land, the Secretary of Agriculture (acting 

3 through the Chief of the Forest Service); and 

4 (B) with respect to land managed by the 

5 Bureau of Land Management, including land 

6 held for the benefit of the Tribe, the Secretary 

7 of the Interior. 

8 (5) STATE.—The term ‘‘State’’ means the State 

9 of Nevada. 

10 (6) TRIBE.—The term ‘‘Tribe’’ means the 

11 Washoe Tribe of Nevada and California. 

12 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

13 means the Burbank Canyons Wilderness designated 

14 by section 301(a). 

15 TITLE I—LAND CONVEYANCES 

16 AND SALES 

17 SEC. 101. CONVEYANCE TO STATE OF NEVADA. 

18 (a) CONVEYANCE.—Subject to valid existing rights 

19 and notwithstanding the land use planning requirements 

20 of section 202 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1712), the Secretary con22 cerned shall convey to the State without consideration all 

23 right, title, and interest of the United States in and to 

24 the land described in subsection (b). 


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1 (b) DESCRIPTION OF LAND.—The land referred to in 

2 subsection (a) is the approximately 67 acres of Forest 

3 Service land generally depicted as ‘‘Lake Tahoe-Nevada 

4 State Park’’ on the Map. 

5 (c) COSTS.—Any costs relating to the conveyance 

6 under subsection (a), including costs for surveys and other 

7 administrative costs, shall be paid by the State. 

8 (d) USE OF LAND.— 

9 (1) IN GENERAL.—Any land conveyed to the 

10 State under subsection (a) shall be used only for— 

11 (A) the conservation of wildlife or natural 

12 resources; or 

13 (B) a public park. 

14 (2) FACILITIES.—Any facility on the land con15 veyed under subsection (a) shall be constructed and 

16 managed in a manner consistent with the uses de17 scribed in paragraph (1). 

18 (e) REVERSION.—If any portion of the land conveyed 

19 under subsection (a) is used in a manner that is incon20 sistent with the uses described in subsection (d), the land 

21 shall, at the discretion of the Secretary concerned, revert 

22 to the United States. 


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1 SEC. 102. CONCESSIONAIRES AT ZEPHYR SHOALS MANAGE2 MENT AREA. 

3 (a) EXPANSION OF PERMIT BOUNDARY.—Not later 

4 than 60 days after the date of enactment of this Act and 

5 subject to the agreement of the permit holder, the Sec6 retary of Agriculture shall include in the permit for oper7 ation of the Zephyr Cove Resort the approximately 44.7 

8 acres of National Forest System land generally depicted 

9 as ‘‘Zephyr Shoals’’ on the Map. 

10 (b) PROSPECTUS.—On the expiration of the permit 

11 for Zephyr Cove Resort described in subsection (a), the 

12 Secretary of Agriculture shall issue a prospectus for 

13 issuance of a new permit for Zephyr Cove Resort that in14 cludes the Zephyr Cove Resort and Zephyr Shoals. 

15 (c) EXCLUSIONS.— 

16 (1) SPECIAL USE PERMITS.—This section shall 

17 not apply to any land or portion of land described 

18 in subsection (a) for which a concessionaire has a 

19 contract to operate under a special use permit issued 

20 before the date of enactment of this Act. 

21 (2) PRIOR PROSPECTUSES.—This section shall 

22 not apply to any land or portion of land described 

23 in subsection (a) for which the Secretary of Agri24 culture has made publicly available before the date 

25 of enactment of this Act a prospectus for the land 

26 or portion of the land. 


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1 (d) CONSULTATION.—In carrying out this section, 

2 the Secretary of Agriculture shall consult with the State, 

3 County, Tribe, and other interested parties— 

4 (1) to satisfy any requirement under section 

5 102 of the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4332); and 

7 (2) to prepare for the orderly and smooth tran8 sition of the operation of the land described in sub9 section (a) to 1 or more concessionaires. 

10 (e) TREATMENT OF PROCEEDS.—Any fees received 

11 under a concession contract under this section shall re12 main available to the Forest Service, until expended, with13 out further appropriations, for use within the Lake Tahoe 

14 Basin Management Unit under the authorities provided 

15 by section 2(d) of Public Law 96–586 (94 Stat. 3382) 

16 (commonly known as the ‘‘Santini-Burton Act’’). 

17 (f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

18 (1) IN GENERAL.—If the Secretary of Agri19 culture has not entered into a concession contract 

20 for the land described in subsection (a) by the date 

21 that is 2 years after the date on which the pro22 spectus is published under that subsection, con23 sistent with section 3(a) of Public Law 96–586 (94 

24 Stat. 3383) (commonly known as the ‘‘Santini-Bur25 ton Act’’), the Secretary of Agriculture shall transfer 


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1 to the County, without consideration, administrative 

2 jurisdiction over the land for a period of 99 years. 

3 (2) EXCEPTION.—If the Secretary of Agri4 culture has taken steps to enter into a concession 

5 contract for the land described in subsection (a), in6 cluding substantial completion of any requirement 

7 under section 102 of the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4332), the transfer 

9 of administrative jurisdiction under paragraph (1) 

10 shall not take place unless the Secretary of Agri11 culture has not entered into a concession contract by 

12 the date that is the earlier of— 

13 (A) 30 months after the date on which the 

14 prospectus is published under subsection (b); or 

15 (B) 180 days after the date on which any 

16 litigation relating to concession contract is re17 solved. 

18 (3) COSTS.—Any costs relating to a transfer 

19 under paragraph (1), including any costs for surveys 

20 and other administrative costs, shall be paid by the 

21 County. 

22 (4) USE OF LAND.—Any land transferred to the 

23 County under paragraph (1) shall— 

24 (A) be managed by the County— 


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1 (i) to maintain undeveloped open 

2 space; 

3 (ii) to preserve the natural character4 istics of the land in perpetuity; and 

5 (iii) to protect and enhance water 

6 quality, stream environment zones, and im7 portant wildlife habitat; and 

8 (B) be used for public purposes consistent 

9 with the Act of June 14, 1926 (commonly 

10 known as the ‘‘Recreation and Public Purposes 

11 Act’’) (43 U.S.C. 869 et seq.). 

12 (5) REVERSION.—If any land or portion of land 

13 transferred under this section is used in a manner 

14 that is inconsistent with this section, the land shall, 

15 at the discretion of the Secretary of Agriculture, re16 vert to the United States. 

17 SEC. 103. CONVEYANCE TO DOUGLAS COUNTY, NEVADA. 

18 (a) DEFINITION OF FEDERAL LAND.—In this sec19 tion, the term ‘‘Federal land’’ means the approximately 

20 7,951 acres of Federal land located in the County that 

21 is identified as ‘‘Douglas County Conveyances’’ on the 

22 Map. 

23 (b) AUTHORIZATION OF CONVEYANCE.—Subject to 

24 valid existing rights and notwithstanding the land use 

25 planning requirements of section 202 of the Federal Land 


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1 Policy and Management Act of 1976 (43 U.S.C. 1712), 

2 not later than 180 days after the date on which the Sec3 retary concerned receives a request from the County for 

4 the conveyance of the Federal land, the Secretary con5 cerned shall convey to the County, without consideration, 

6 all right, title, and interest of the United States in and 

7 to the Federal land. 

8 (c) COSTS.—Any costs relating to the conveyance au9 thorized under subsection (b), including any costs for sur10 veys and other administrative costs, shall be paid by the 

11 County. 

12 (d) USE OF FEDERAL LAND.— 

13 (1) IN GENERAL.—The Federal land conveyed 

14 under subsection (b)— 

15 (A) may be used by the County for flood 

16 control or any other public purpose consistent 

17 with the Act of June 14, 1926 (commonly 

18 known as the ‘‘Recreation and Public Purposes 

19 Act’’) (43 U.S.C. 869 et seq.); and 

20 (B) shall not be disposed of by the County. 

21 (2) REVERSION.—If the Federal land conveyed 

22 under subsection (b) is used in a manner incon23 sistent with paragraph (1), the Federal land shall, at 

24 the discretion of the Secretary concerned, revert to 

25 the United States. 


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1 (e) ACQUISITION OF FEDERAL REVERSIONARY IN2 TEREST.— 

3 (1) REQUEST.—After the date of conveyance of 

4 Federal land under subsection (b) that is obtained 

5 for public purposes in accordance with the Act of 

6 June 14, 1926 (commonly known as the ‘‘Recreation 

7 and Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

8 the County may submit to the Secretary concerned 

9 a request to acquire the Federal reversionary inter10 est in all or any portion of the Federal land. 

11 (2) APPRAISAL.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after the date of receipt of a request under 

14 paragraph (1), the Secretary concerned shall 

15 complete an appraisal of the Federal rever16 sionary interest in the Federal land requested 

17 by the County. 

18 (B) REQUIREMENT.—The appraisal under 

19 subparagraph (A) shall be completed in accord20 ance with— 

21 (i) the Uniform Appraisal Standards 

22 for Federal Land Acquisitions; and 

23 (ii) the Uniform Standards of Profes24 sional Appraisal Practice. 

25 (3) CONVEYANCE REQUIRED.— 


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1 (A) IN GENERAL.—If, by the date that is 

2 1 year after the date of completion of the ap3 praisal under paragraph (2), the County sub4 mits to the Secretary concerned an offer to ac5 quire the Federal reversionary interest re6 quested under paragraph (1), the Secretary 

7 concerned, by not later than the date that is 30 

8 days after the date on which the offer is sub9 mitted, shall convey to the County that rever10 sionary interest. 

11 (B) CONSIDERATION.—As consideration 

12 for the conveyance of the Federal reversionary 

13 interest under subparagraph (A), the County 

14 shall pay to the Secretary concerned an amount 

15 equal to the appraised value of the Federal re16 versionary interest, as determined under para17 graph (2). 

18 (C) COSTS OF CONVEYANCE.—Any costs 

19 relating to the conveyance under subparagraph 

20 (A), including any costs for surveys and other 

21 administrative costs, shall be paid by the Sec22 retary concerned. 

23 (4) DISPOSITION OF PROCEEDS.—Any amounts 

24 collected under this subsection shall be disposed of 

25 in accordance with section 105(i). 


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1 (f) REVOCATION OF PUBLIC LAND ORDERS.—Any 

2 public land order that withdraws any parcel of Federal 

3 land from appropriation or disposal under a public land 

4 law shall be revoked to the extent necessary to permit the 

5 disposal of the parcel of Federal land. 

6 SEC. 104. COOPERATIVE MANAGEMENT AGREEMENT. 

7 (a) IN GENERAL.—The Secretary of Agriculture, in 

8 consultation with the County and other stakeholders, shall 

9 develop and implement a cooperative management agree10 ment for the land described in subsection (b)— 

11 (1) to improve the quality of recreation access 

12 to the land by providing additional amenities agreed 

13 to by the parties to the cooperative management 

14 agreement; and 

15 (2) to conserve the natural resource values of 

16 the land. 

17 (b) DESCRIPTION OF LAND.—The land referred to in 

18 subsection (a) consists of the approximately 13 acres of 

19 land generally depicted as ‘‘Tahoe Rim Trail North Par20 cel’’ on the Map. 

21 SEC. 105. SALE OF CERTAIN FEDERAL LAND. 

22 (a) IN GENERAL.—Notwithstanding sections 202 and 

23 203 of the Federal Land Policy and Management Act of 

24 1976 (43 U.S.C. 1712, 1713), the Secretary concerned 

25 shall, in accordance with the other provisions of that Act 


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1 and any other applicable law, and subject to valid existing 

2 rights, conduct 1 or more sales of the Federal land de3 scribed in subsection (b) to qualified bidders. 

4 (b) DESCRIPTION OF LAND.—The Federal land re5 ferred to in subsection (a) consists of— 

6 (1) the approximately 616 acres of public land 

7 generally depicted as ‘‘Lands for Disposal’’ on the 

8 Map; and 

9 (2) not more than 10,000 acres of land in the 

10 County that— 

11 (A) is not segregated or withdrawn on or 

12 after the date of enactment of this Act, unless 

13 the land is withdrawn in accordance with sub14 section (g); and 

15 (B) is identified for disposal by the Sec16 retary concerned through— 

17 (i) the Carson City Consolidated Re18 source Management Plan; or 

19 (ii) any subsequent amendment to the 

20 management plan that is undertaken with 

21 full public involvement. 

22 (c) JOINT SELECTION REQUIRED.—The Secretary 

23 concerned and the County shall jointly select which parcels 

24 of the Federal land described in subsection (b)(2) to offer 

25 for sale under subsection (a). 


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1 (d) COMPLIANCE WITH LOCAL PLANNING AND ZON2 ING LAWS.—Before carrying out a sale of Federal land 

3 under subsection (a), the County shall submit to the Sec4 retary concerned a certification that qualified bidders have 

5 agreed to comply with— 

6 (1) County zoning ordinances; and 

7 (2) any master plan for the area approved by 

8 the County. 

9 (e) METHOD OF SALE; CONSIDERATION.—The sale 

10 of Federal land under subsection (a) shall be— 

11 (1) through a competitive bidding process, un12 less otherwise determined by the Secretary con13 cerned; and 

14 (2) for not less than fair market value. 

15 (f) RECREATION AND PUBLIC PURPOSES ACT CON16 VEYANCES.— 

17 (1) IN GENERAL.—Not later than 30 days be18 fore any land described in subsection (b) is offered 

19 for sale under subsection (a), the State or County 

20 may elect to obtain the land for public purposes in 

21 accordance with the Act of June 14, 1926 (com22 monly known as the ‘‘Recreation and Public Pur23 poses Act’’) (43 U.S.C. 869 et seq.). 

24 (2) RETENTION.—Pursuant to an election made 

25 under paragraph (1), the Secretary concerned shall 


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1 retain the elected land for conveyance to the State 

2 or County in accordance with the Act of June 14, 

3 1926 (commonly known as the ‘‘Recreation and 

4 Public Purposes Act’’) (43 U.S.C. 869 et seq.). 

5 (g) WITHDRAWAL.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights and except as provided in paragraph (2), the 

8 Federal land described in subsection (b) is with9 drawn from— 

10 (A) all forms of entry, appropriation, or 

11 disposal under the public land laws; 

12 (B) location, entry, and patent under the 

13 mining laws; and 

14 (C) disposition under all laws relating to 

15 mineral and geothermal leasing or mineral ma16 terials. 

17 (2) TERMINATION.—The withdrawal of a parcel 

18 of Federal land under paragraph (1) shall termi19 nate— 

20 (A) on the date of the conveyance under 

21 this section of the parcel of Federal land; or 

22 (B) with respect to a parcel of Federal 

23 land that is not conveyed under this section, not 

24 later than 1 year after the date on which the 

25 parcel was offered for sale under this section. 


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1 (3) EXCEPTION.—Paragraph (1)(A) shall not 

2 apply to a sale made consistent with this section or 

3 an election by the County or the State to obtain the 

4 land described in subsection (b) for public purposes 

5 under the Act of June 14, 1926 (commonly known 

6 as the ‘‘Recreation and Public Purposes Act’’) (43 

7 U.S.C. 869 et seq.). 

8 (h) DEADLINE FOR SALE.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), not later than 1 year after the date of en11 actment of this Act, if there is a qualified bidder for 

12 the land described in subsection (b), the Secretary 

13 concerned shall offer the land for sale to the quali14 fied bidder. 

15 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

16 At the request of the County, the Secretary con17 cerned may temporarily postpone or exclude from 

18 the sale under paragraph (1) all or a portion of the 

19 land described in subsection (b). 

20 (i) DISPOSITION OF PROCEEDS.—Of the proceeds 

21 from the sale of land under this section— 

22 (1) 5 percent shall be disbursed to the State for 

23 use by the State for general education programs of 

24 the State; 


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1 (2) 10 percent shall be disbursed to the County 

2 for use as determined through County budgeting 

3 procedures; and 

4 (3) 85 percent shall be deposited in a special 

5 account in the Treasury of the United States, to be 

6 known as the ‘‘Douglas County Special Account’’, 

7 which shall be available to the Secretary concerned 

8 until expended, without further appropriation— 

9 (A) to reimburse costs incurred by the Sec10 retary concerned in preparing for the sale of 

11 the land described in subsection (b), includ12 ing— 

13 (i) the costs of surveys and appraisals; 

14 and 

15 (ii) the costs of compliance with the 

16 National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) and sec18 tions 202 and 203 of the Federal Land 

19 Policy and Management Act of 1976 (43 

20 U.S.C. 1712, 1713); 

21 (B) to reimburse costs incurred by the Bu22 reau of Land Management and the Forest Serv23 ice in preparing for and carrying out the trans24 fers of land to be held in trust by the United 

25 States under title II; and 


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1 (C) to acquire environmentally sensitive 

2 land or an interest in environmentally sensitive 

3 land in the County, with precedence given to 

4 land covered by the Douglas County Open 

5 Space and Agricultural Lands Preservation Im6 plementation Plan or any subsequent amend7 ment to the plan that is undertaken with full 

8 public involvement. 

9 (j) AVAILABILITY OF FUNDS.—Section 4(e) of the 

10 Southern Nevada Public Land Management Act of 1998 

11 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 

12 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 

13 Stat. 1114) is amended— 

14 (1) in paragraph (3)(A)— 

15 (A) in clause (iv), by striking ‘‘Clark, Lin16 coln, and White Pine Counties and Washoe 

17 County (subject to paragraph 4)) and Carson 

18 City (subject to paragraph (5))’’ and inserting 

19 ‘‘Clark, Lincoln, and White Pine Counties, 

20 Washoe County (subject to paragraph (4)), 

21 Carson City subject to paragraph (5)), and 

22 Douglas County (subject to paragraph (6))’’; 

23 and 

24 (B) in clause (v), by striking ‘‘Clark, Lin25 coln, and White Pine Counties and Carson City 


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1 (subject to paragraph (5))’’ and inserting 

2 ‘‘Clark, Lincoln, and White Pine Counties, 

3 Washoe County (subject to paragraph (4)), 

4 Carson City (subject to paragraph (5)), and 

5 Douglas County (subject to paragraph (6))’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(6) LIMITATION FOR DOUGLAS COUNTY.— 

9 Douglas County shall be eligible to nominate for ex10 penditure amounts to acquire land or an interest in 

11 land for parks, trails, or natural areas and for con12 servation initiatives— 

13 ‘‘(A) within the Carson River watershed; 

14 ‘‘(B) within the Walker River watershed; 

15 or 

16 ‘‘(C) for the conservation of sage grouse 

17 habitat.’’. 

18 (k) REVOCATION OF PUBLIC LAND ORDERS.—Any 

19 public land order that withdraws a parcel of the Federal 

20 land described in subsection (b) from appropriation or dis21 posal under a public land law shall be revoked to the ex22 tent necessary to permit disposal of the parcel of Federal 

23 land. 


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1 TITLE II—TRIBAL CULTURAL 

2 RESOURCES 

3 SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

4 TRIBE. 

5 (a) IN GENERAL.—Subject to valid existing rights, 

6 all right, title, and interest of the United States in and 

7 to the land described in subsection (b)— 

8 (1) shall be held in trust by the United States 

9 for the benefit of the Tribe; and 

10 (2) shall be part of the reservation of the Tribe. 

11 (b) DESCRIPTION OF LAND.—The land referred to in 

12 subsection (a) consists of— 

13 (1) the approximately 1,011 acres of Federal 

14 land generally depicted as ‘‘Washoe Tribe Convey15 ances’’ on the Map; and 

16 (2) the land administered by the Bureau of 

17 Land Management or the Forest Service generally 

18 depicted as ‘‘Section 5 Lands’’ on the Map. 

19 (c) SURVEY.—Not later than 180 days after the date 

20 of enactment of this Act, the Secretary concerned shall 

21 complete a survey of the boundary lines to establish the 

22 boundaries of the land taken into trust under subsection 

23 (a). 

24 (d) USE OF TRUST LAND.— 


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1 (1) GAMING.—Land taken into trust under this 

2 section shall not be eligible, or considered to have 

3 been taken into trust, for class II gaming or class 

4 III gaming (as defined in section 4 of the Indian 

5 Gaming Regulatory Act (25 U.S.C. 2703)). 

6 (2) THINNING; LANDSCAPE RESTORATION.— 

7 (A) IN GENERAL.—The Secretary con8 cerned, in consultation and coordination with 

9 the Tribe, may carry out any fuel reduction and 

10 other landscape restoration activities on the 

11 land taken into trust under subsection (a) (in12 cluding land that includes threatened and en13 dangered species habitat), that are beneficial 

14 to— 

15 (i) the Tribe; and 

16 (ii)(I) the Bureau of Land Manage17 ment; or 

18 (II) the Forest Service. 

19 (B) CONSERVATION BENEFITS.—Activities 

20 carried out under subparagraph (A) include ac21 tivities that provide conservation benefits to a 

22 species— 

23 (i) that is not listed as endangered or 

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1 dangered Species Act of 1973 (16 U.S.C. 

2 1533(c)); but 

3 (ii) is— 

4 (I) listed by a State as a threat5 ened or endangered species; 

6 (II) a species of concern; or 

7 (III) a candidate for a listing as 

8 an endangered or threatened species 

9 under the Endangered Species Act of 

10 1973 (16 U.S.C. 1531 et seq.). 

11 (e) WATER RIGHTS.—Nothing in this section affects 

12 the allocation, ownership, interest, or control of any water, 

13 water right, or any other valid right in existence on the 

14 date of enactment of this Act held by the United States, 

15 an Indian tribe, a State, or a private individual, partner16 ship, or corporation. 

17 SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT. 

18 (a) IN GENERAL.—The Secretary of Agriculture, in 

19 consultation with the Tribe and County, shall develop and 

20 implement a cooperative management agreement for the 

21 land described in subsection (b)— 

22 (1) to preserve cultural resources; 

23 (2) to ensure regular access by members of the 

24 Tribe and the community across National Forest 

25 System land for cultural and religious purposes; and 


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1 (3) to protect recreational uses. 

2 (b) DESCRIPTION OF LAND.—The land referred to in 

3 subsection (a) consists of the approximately 1,811 acres 

4 of land generally depicted as ‘‘Cooperative Management 

5 Area’’ on the Map. 

6 TITLE III—RESOLUTION OF BUR7 BANK CANYONS WILDERNESS 

8 STUDY AREA 

9 SEC. 301. ADDITION TO NATIONAL WILDERNESS PRESERVA10 TION SYSTEM. 

11 (a) DESIGNATION.—In furtherance of the purposes of 

12 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi13 mately 12,330 acres of Federal land managed by the Bu14 reau of Land Management, as generally depicted on the 

15 map entitled ‘‘Proposed Burbank Canyons Wilderness’’ 

16 and dated January 29, 2015, is designated as wilderness 

17 and as a component of the National Wilderness Preserva18 tion System, to be known as the ‘‘Burbank Canyons Wil19 derness’’. 

20 (b) BOUNDARY.—The boundary of any portion of the 

21 Wilderness that is bordered by a road shall be at least 

22 100 feet from the edge of the road to allow public access. 

23 (c) MAP AND LEGAL DESCRIPTION.— 

24 (1) IN GENERAL.—As soon as practicable after 

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1 cerned shall prepare a map and legal description of 

2 the Wilderness. 

3 (2) EFFECT.—The map and legal description 

4 prepared under paragraph (1) shall have the same 

5 force and effect as if included in this Act, except 

6 that the Secretary concerned may correct any minor 

7 error in the map or legal description. 

8 (3) AVAILABILITY.—A copy of the map and 

9 legal description prepared under paragraph (1) shall 

10 be on file and available for public inspection in the 

11 appropriate offices of the Bureau of Land Manage12 ment. 

13 (d) WITHDRAWAL.—Subject to valid existing rights, 

14 the Wilderness is withdrawn from— 

15 (1) all forms of entry, appropriation, or disposal 

16 under the public land laws; 

17 (2) location, entry, and patent under the mining 

18 laws; and 

19 (3) disposition under all laws relating to min20 eral and geothermal leasing or mineral materials. 

21 SEC. 302. ADMINISTRATION. 

22 (a) MANAGEMENT.—Subject to valid existing rights, 

23 the Wilderness shall be administered by the Secretary con24 cerned in accordance with the Wilderness Act (16 U.S.C. 

25 1131 et seq.), except that— 


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1 (1) any reference in that Act to the effective 

2 date shall be considered to be a reference to the date 

3 of enactment of this Act; and 

4 (2) any reference in that Act to the Secretary 

5 of Agriculture shall be considered to be a reference 

6 to the Secretary of the Interior. 

7 (b) LIVESTOCK.—The grazing of livestock in the Wil8 derness, if established before the date of enactment of this 

9 Act, shall be allowed to continue, subject to such reason10 able regulations, policies, and practices as the Secretary 

11 concerned considers to be necessary in accordance with— 

12 (1) section 4(d)(4) of the Wilderness Act (16 

13 U.S.C. 1133(d)(4)); and 

14 (2) the guidelines set forth in Appendix A of 

15 the report of the Committee on Interior and Insular 

16 Affairs of the House of Representatives accom17 panying H.R. 2570 of the 101st Congress (House 

18 Report 101–405). 

19 (c) INCORPORATION OF ACQUIRED LAND AND INTER20 ESTS.—Any land or interest in land within the boundaries 

21 of the Wilderness that is acquired by the United States 

22 after the date of enactment of this Act shall be added to 

23 and administered as part of the Wilderness. 

24 (d) ADJACENT MANAGEMENT.— 


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1 (1) IN GENERAL.—Congress does not intend for 

2 the designation of the Wilderness to create a protec3 tive perimeter or buffer zone around the Wilderness. 

4 (2) NONWILDERNESS ACTIVITIES.—The fact 

5 that nonwilderness activities or uses can be seen or 

6 heard from areas within the Wilderness shall not 

7 preclude the conduct of the activities or uses outside 

8 the boundary of the Wilderness. 

9 (e) MILITARY OVERFLIGHTS.—Nothing in this Act 

10 restricts or precludes— 

11 (1) low-level overflights of military aircraft over 

12 the Wilderness, including military overflights that 

13 can be seen or heard within the wilderness area; 

14 (2) flight testing and evaluation; or 

15 (3) the designation or creation of new units of 

16 special use airspace, or the establishment of military 

17 flight training routes, over the Wilderness. 

18 (f) EXISTING AIRSTRIPS.—Nothing in this Act re19 stricts or precludes low-level overflights by aircraft uti20 lizing airstrips in existence on the date of enactment of 

21 this Act that are located within 5 miles of the proposed 

22 boundary of the Wilderness. 

23 (g) WILDFIRE, INSECT, AND DISEASE MANAGE24 MENT.—In accordance with section 4(d)(1) of the Wilder25 ness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned 


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1 may take any measures in the Wilderness that the Sec2 retary concerned determines to be necessary for the con3 trol of fire, insects, and diseases, including, as the Sec4 retary concerned determines to be appropriate, the coordi5 nation of the activities with the State or a local agency. 

6 (h) DATA COLLECTION.—In accordance with the Wil7 derness Act (16 U.S.C. 1131 et seq.) and subject to such 

8 terms and conditions as the Secretary concerned may pre9 scribe, the Secretary concerned may authorize the installa10 tion and maintenance of hydrologic, meteorologic, or cli11 matological collection devices in the Wilderness if the Sec12 retary concerned determines that the facilities and access 

13 to the facilities are essential to flood warning, flood con14 trol, or water reservoir operation activities. 

15 (i) WATER RIGHTS.— 

16 (1) FINDINGS.—Congress finds that— 

17 (A) the Wilderness is located— 

18 (i) in the semiarid region of the Great 

19 Basin; and 

20 (ii) at the headwaters of the streams 

21 and rivers on land with respect to which 

22 there are few, if any— 

23 (I) actual or proposed water re24 source facilities located upstream; and 


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1 (II) opportunities for diversion, 

2 storage, or other uses of water occur3 ring outside the land that would ad4 versely affect the wilderness values of 

5 the land; 

6 (B) the Wilderness is generally not suitable 

7 for use or development of new water resource 

8 facilities; and 

9 (C) because of the unique nature of the 

10 Wilderness, it is possible to provide for proper 

11 management and protection of the wilderness 

12 and other values of land by means different 

13 from the means used in other laws. 

14 (2) PURPOSE.—The purpose of this section is 

15 to protect the wilderness values of the Wilderness by 

16 means other than a federally reserved water right. 

17 (3) STATUTORY CONSTRUCTION.—Nothing in 

18 this Act— 

19 (A) constitutes an express or implied res20 ervation by the United States of any water or 

21 water rights with respect to the Wilderness; 

22 (B) affects any water rights in the State 

23 (including any water rights held by the United 

24 States) in existence on the date of enactment of 

25 this Act; 


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1 (C) establishes a precedent with regard to 

2 any future wilderness designations; 

3 (D) affects the interpretation of, or any 

4 designation made under, any other Act; or 

5 (E) limits, alters, modifies, or amends any 

6 interstate compact or equitable apportionment 

7 decree that apportions water among and be8 tween the State and other States. 

9 (4) NEVADA WATER LAW.—The Secretary con10 cerned shall follow the procedural and substantive 

11 requirements of State law in order to obtain and 

12 hold any water rights not in existence on the date 

13 of enactment of this Act with respect to the Wilder14 ness. 

15 (5) NEW PROJECTS.— 

16 (A) DEFINITION OF WATER RESOURCE FA17 CILITY.— 

18 (i) IN GENERAL.—In this paragraph, 

19 the term ‘‘water resource facility’’ means 

20 irrigation and pumping facilities, res21 ervoirs, water conservation works, aque22 ducts, canals, ditches, pipelines, wells, hy23 dropower projects, transmission and other 

24 ancillary facilities, and other water diver25 sion, storage, and carriage structures. 


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1 (ii) EXCLUSION.—In this paragraph, 

2 the term ‘‘water resource facility’’ does not 

3 include wildlife guzzlers. 

4 (B) RESTRICTION ON NEW WATER RE5 SOURCE FACILITIES.—Except as otherwise pro6 vided in this Act, on or after the date of enact7 ment of this Act, neither the President nor any 

8 other officer, employee, or agent of the United 

9 States shall fund, assist, authorize, or issue a 

10 license or permit for the development of any 

11 new water resource facility within any wilder12 ness area, including a portion of a wilderness 

13 area, that is located in the County. 

14 SEC. 303. FISH AND WILDLIFE MANAGEMENT. 

15 (a) IN GENERAL.—In accordance with section 

16 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

17 nothing in this Act affects or diminishes the jurisdiction 

18 of the State with respect to fish and wildlife management, 

19 including the regulation of hunting, fishing, and trapping, 

20 in the Wilderness. 

21 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

22 the purposes and principles of the Wilderness Act (16 

23 U.S.C. 1131 et seq.), the Secretary concerned may con24 duct any management activities in the Wilderness that are 

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1 lations and the habitats to support the populations, if the 

2 activities are carried out— 

3 (1) in a manner that is consistent with relevant 

4 wilderness management plans; and 

5 (2) in accordance with— 

6 (A) the Wilderness Act (16 U.S.C. 1131 et 

7 seq.); and 

8 (B) appropriate policies, such as those set 

9 forth in Appendix B of the report of the Com10 mittee on Interior and Insular Affairs of the 

11 House of Representatives accompanying H.R. 

12 2570 of the 101st Congress (House Report 

13 101–405), including the occasional and tem14 porary use of motorized vehicles and aircraft if 

15 the use, as determined by the Secretary con16 cerned, would promote healthy, viable, and 

17 more naturally distributed wildlife populations 

18 that would enhance wilderness values with the 

19 minimal impact necessary to reasonably accom20 plish those tasks. 

21 (c) EXISTING ACTIVITIES.—Consistent with section 

22 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

23 in accordance with appropriate policies such as those set 

24 forth in Appendix B of the report of the Committee on 

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1 tives accompanying H.R. 2570 of the 101st Congress 

2 (House Report 101–405), the State may continue to use 

3 aircraft, including helicopters, to survey, capture, trans4 plant, monitor, and provide water for wildlife populations 

5 in the Wilderness. 

6 (d) HUNTING, FISHING, AND TRAPPING.— 

7 (1) IN GENERAL.—The Secretary concerned 

8 may designate areas in which, and establish periods 

9 during which, for reasons of public safety, adminis10 tration, or compliance with applicable laws, no hunt11 ing, fishing, or trapping will be permitted in the Wil12 derness. 

13 (2) CONSULTATION.—Except in emergencies, 

14 the Secretary concerned shall consult with the ap15 propriate State agency and notify the public before 

16 making any designation under paragraph (1). 

17 (e) COOPERATIVE AGREEMENT.— 

18 (1) IN GENERAL.—The State (including a des19 ignee of the State) may conduct wildlife manage20 ment activities in the Wilderness— 

21 (A) in accordance with the terms and con22 ditions specified in the cooperative agreement 

23 between the Secretary of the Interior and the 

24 State entitled ‘‘Memorandum of Understanding 

25 between the Bureau of Land Management and 


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1 the Nevada Department of Wildlife Supplement 

2 No. 9’’ and signed November and December 

3 2003, including any amendments to the cooper4 ative agreement agreed to by the Secretary of 

5 the Interior and the State; and 

6 (B) subject to all applicable laws (including 

7 regulations). 

8 (2) REFERENCES; CLARK COUNTY.—For the 

9 purposes of this subsection, any reference to Clark 

10 County in the cooperative agreement described in 

11 paragraph (1)(A) shall be considered to be a ref12 erence to the Wilderness. 

13 SEC. 304. RELEASE OF WILDERNESS STUDY AREA. 

14 (a) FINDING.—Congress finds that, for the purposes 

15 of section 603(c) of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

17 1,065 acres of public land in the Burbank Canyons Wil18 derness study area not designated as wilderness by section 

19 301 has been adequately studied for wilderness designa20 tion. 

21 (b) RELEASE.—Any public land described in sub22 section (a) that is not designated as wilderness by this 

23 title— 

24 (1) is no longer subject to— 


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1 (A) section 603(c) of the Federal Land 

2 Policy and Management Act of 1976 (43 U.S.C. 

3 1782(c)); or 

4 (B) Secretarial Order No. 3310 issued by 

5 the Secretary of the Interior on December 22, 

6 2010; and 

7 (2) shall be managed in accordance with— 

8 (A) land management plans adopted under 

9 section 202 of the Federal Land Policy and 

10 Management Act of 1976 (43 U.S.C. 1712); 

11 and 

12 (B) cooperative conservation agreements in 

13 existence on the date of enactment of this Act. 

14 SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

15 USES. 

16 Nothing in this title alters or diminishes the treaty 

17 rights of any Indian tribe (as defined in section 4 of the 

18 Indian Self-Determination and Education Assistance Act 

19 (25 U.S.C. 450b)). 


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1 TITLE IV—TRANSFER OF ADMIN2 ISTRATIVE JURISDICTION 

3 OVER FOREST SERVICE LAND 

4 SEC. 401. AUTHORITY OF FOREST SERVICE TO TRANSFER 

5 ADMINISTRATIVE JURISDICTION TO STATE 

6 OR COUNTY FOR PUBLIC PURPOSES. 

7 (a) IN GENERAL.—Consistent with section 3(b) of 

8 Public Law 96–586 (commonly known as the ‘‘Santini9 Burton Act’’) (94 Stat. 3384), and subject to valid exist10 ing rights and to such terms and conditions as the Sec11 retary of Agriculture determines to be necessary, on re12 quest by the State or County, the Secretary of Agriculture 

13 may transfer the Forest Service land or interests in Forest 

14 Service land described in subsection (b) to the State or 

15 County, in coordination with the local forest unit and with16 out consideration, to protect the environmental quality 

17 and public recreational use of the transferred Forest Serv18 ice land. 

19 (b) DESCRIPTION OF LAND.—The land referred to in 

20 subsection (a) is any Forest Service land that is within 

21 the boundaries of the area subject to acquisition under 

22 Public Law 96–586 (commonly known as the ‘‘Santini23 Burton Act’’) (94 Stat. 3381) that is unsuitable for Forest 

24 Service administration. 


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1 (c) USE OF LAND.—The land transferred under sub2 section (a) shall— 

3 (1) be managed by the State or County, as ap4 plicable, to maintain undeveloped open space and to 

5 preserve the natural characteristics of the trans6 ferred land in perpetuity; 

7 (2) be managed by the State or County, as ap8 plicable, to protect and enhance water quality, 

9 stream environment zones, and important wildlife 

10 habitat; and 

11 (3) be used by the State or County, as applica12 ble, for outdoor recreation. 

13 (d) REVERSION.—If a parcel of land transferred 

14 under subsection (a) is used in a manner that is incon15 sistent with the use described for the parcel of land in 

16 subsection (c), the parcel of land shall, at the discretion 

17 of the Secretary of Agriculture, revert to the United 

18 States. 

Æ 


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