I 

113TH CONGRESS 

1ST SESSION H. R. 2276 

To promote economic development and to preserve the Lake Mead Area 

in Clark County, Nevada, in order to conserve, protect, and enhance 

the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the area, 

to designate wilderness areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2013 

Mr. HORSFORD (for himself and Ms. TITUS) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To promote economic development and to preserve the Lake 

Mead Area in Clark County, Nevada, in order to conserve, protect, and enhance the cultural, archaeological, 

natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the 

area, to designate wilderness areas, 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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Virgin Valley Tourism and Lake Mead Preservation 

4 Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—TOURISM PROMOTION AND ECONOMIC DEVELOPMENT 

Sec. 101. Findings. 

Sec. 102. Visitor center, research, and interpretation. 

Sec. 103. Local consultation on energy development. 

Sec. 104. Local airport development extension and multi-species habitat conservation plan. 

Sec. 105. Lake Mead tourism access. 

Sec. 106. Clark County off-road vehicle trail designation. 

Sec. 107. Virgin Valley Tourism and Economic Advisory Council. 

TITLE II—GOLD BUTTE NATIONAL CONSERVATION AREA 

Sec. 201. Establishment of Gold Butte National Conservation Area. 

Sec. 202. Management of Conservation Area. 

Sec. 203. General provisions. 

Sec. 204. Virgin Valley water district. 

Sec. 205. Gold Butte National Conservation Area Advisory Council. 

TITLE III—DESIGNATION OF WILDERNESS AREAS IN CLARK 

COUNTY, NEVADA 

Sec. 301. Additions to National Wilderness Preservation System. 

Sec. 302. Administration. 

Sec. 303. Adjacent management. 

Sec. 304. Military, law enforcement, and emergency overflights. 

Sec. 305. Release of wilderness study areas. 

Sec. 306. Native American cultural and religious uses. 

Sec. 307. Wildlife, wildfire, insect, and disease management; data collection. 

Sec. 308. National Park System land. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Termination of withdrawal of Bureau of Land Management land. 

Sec. 402. Relationship to Clark Count Multi-Species Habitat Conservation 

Plan. 

Sec. 403. Motorized vehicles. 

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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the public land north of Lake Mead, in 

4 southeastern Nevada generally known as ‘‘Gold 

5 Butte’’ is recognized for outstanding— 

6 (A) scenic values; 

7 (B) natural resources, including critical 

8 habitat, sensitive species, wildlife, desert tor9 toise habitat, and geology; 

10 (C) historic resources, including historic 

11 mining, ranching and other western cultures, 

12 and pioneer activities; and 

13 (D) cultural resources, including evidence 

14 of prehistoric habitation and rock art; 

15 (2) Lake Mead and Gold Butte have become a 

16 destination for diverse recreation opportunities, in17 cluding camping, hiking, hunting, fishing, motorized 

18 recreation, and sightseeing; 

19 (3) Lake Mead and Gold Butte draw visitors 

20 from throughout the United States; 

21 (4) Lake Mead and Gold Butte provide impor22 tant economic benefits to Mesquite and other nearby 

23 communities; 

24 (5) inclusion of the Gold Butte National Con25 servation Area in the National Landscape Conservamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion System would provide increased opportunities 

2 for— 

3 (A) interpretation of the diverse values of 

4 the area for the visiting public; and 

5 (B) education and community outreach in 

6 the region; and 

7 (6) designation of Gold Butte as a National 

8 Conservation Area will permanently protect the sce9 nic, biological, natural, historical, scientific, paleon10 tological, recreational, ecological, wilderness, and 

11 cultural resources within the area. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ADVISORY COUNCIL.—The term ‘‘Advisory 

15 Council’’ means the Gold Butte National Conserva16 tion Area Advisory Council established under title II. 

17 (2) CONSERVATION AREA.—The term ‘‘Con18 servation Area’’ means the Gold Butte National 

19 Conservation Area established by title II. 

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

21 County, Nevada. 

22 (4) DESIGNATED ROUTE.—The term ‘‘des23 ignated route’’ means a road that is designated as 

24 open by the Route Designations for Selected Areas 

25 of Critical Environmental Concern Located in the 

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1 Northeast Portion of the Las Vegas BLM District 

2 Environmental Assessment, NV–052–2006–0433. 

3 (5) VIRGIN VALLEY TOURISM AND ECONOMIC

4 ADVISORY COUNCIL.—The term ‘‘Virgin Valley 

5 Tourism and Economic Advisory Council’’ has the 

6 meaning designated by section 107. 

7 (6) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Conservation Area developed under title II. 

10 (7) MAP.—The term ‘‘Map’’ means the map en11 titled ‘‘Gold Butte National Conservation Area’’ and 

12 dated May 23, 2013. 

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

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

15 section 103 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1702). 

17 (9) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (10) STATE.—The term ‘‘State’’ means the 

20 State of Nevada. 

21 (11) WILDERNESS AREA.—The term ‘‘wilder22 ness area’’ means a wilderness areas designated by 

23 title III. 

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1 TITLE I—TOURISM PROMOTION 

2 AND ECONOMIC DEVELOPMENT 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 

5 (1) the management of Federal lands has been 

6 shown to be more effective when local stakeholders 

7 are regularly consulted to enhance the under8 standing of unique concerns and opportunities; 

9 (2) the Lake Mead and Gold Butte areas are 

10 rich in cultural, archaeological, natural, historical, 

11 and scenic resources; 

12 (3) the communities adjacent to the Gold Butte 

13 National Conservation Area should be able to enjoy 

14 recreational access to the region, while preserving 

15 the natural beauty and resources of the region; 

16 (4) the Lake Mead and Gold Butte regions pos17 sess significant economic potential; 

18 (5) the outdoor recreation industry directly im19 pacts Nevada’s economy, bolstering it annually by 

20 $14.9 billion in consumer spending and 148,000 

21 jobs; and 

22 (6) the economic benefits of protected lands in23 clude higher growth in investment income and entre24 preneurial activity, and an increase in local tourism 

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1 and new residents seeking the quality of life pro2 vided by Federal lands protections. 

3 SEC. 102. VISITOR CENTER, RESEARCH, AND INTERPRETA4 TION. 

5 (a) IN GENERAL.—The Secretary, acting through the 

6 Director of the Bureau of Land Management, may estab7 lish, in cooperation with any other public or private enti8 ties that the Secretary may determine to be appropriate, 

9 a visitor center and field office in Mesquite, Nevada— 

10 (1) to serve visitors; and 

11 (2) to assist in fulfilling the purposes of— 

12 (A) the Lake Mead National Recreation 

13 Area; 

14 (B) the Grand Canyon-Parashant National 

15 Monument; and 

16 (C) the Conservation Area. 

17 (b) REQUIREMENTS.—The Secretary shall ensure 

18 that the visitor center authorized under subsection (a) is 

19 designed— 

20 (1) to interpret the scenic, biological, natural, 

21 historical, scientific, paleontological, recreational, ec22 ological, wilderness, and cultural resource of each of 

23 the areas described in that subsection; and 

24 (2) to serve as an interagency field office for 

25 each of the areas described in that subsection. 

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1 (c) COOPERATIVE AGREEMENTS.—The Secretary 

2 may, in a manner consistent with this Act, enter into coop3 erative agreements with the State, the State of Arizona, 

4 and any other appropriate institutions and organizations 

5 to carry out the purposes of this section. 

6 SEC. 103. LOCAL CONSULTATION ON ENERGY DEVELOP7 MENT. 

8 As soon as practicable, but not later than 2 years, 

9 after the date of the enactment of this title, the Secretary, 

10 in cooperation with the Virgin Valley Tourism and Eco11 nomic Advisory Council and any other public or private 

12 entities that the Secretary may determine to be appro13 priate, shall complete a study regarding local renewable 

14 energy development in accordance with the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

16 the Endangered Species Act of 1973, and the Clark Coun17 ty Multi-Species Habitat Conservation Plan. 

18 SEC. 104. LOCAL AIRPORT DEVELOPMENT EXTENSION AND 

19 MULTI-SPECIES HABITAT CONSERVATION 

20 PLAN. 

21 (a) EXTENSION OF PURCHASE AUTHORITY AND

22 WITHDRAWALS.—Section 3 of Public Law 99–548 (100 

23 Stat. 3061, 113 Stat. 1501A–166) is amended— 

24 (1) in subsection (e)— 

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1 (A) in paragraph (1)(A), by striking ‘‘For 

2 a period of 12 years after the date of the enact3 ment of this Act’’ and inserting ‘‘Until Novem4 ber 29, 2021’’; 

5 (B) in paragraph (3), by striking ‘‘Not 

6 later than 10 years after the date of the enact7 ment of this subsection’’ and inserting ‘‘Not 

8 later than November 29, 2021’’; and 

9 (C) in paragraph (5), by striking ‘‘the date 

10 that is 12 years after the date of the enactment 

11 of this subsection’’ and inserting ‘‘November 

12 29, 2021’’; and 

13 (2) in subsection (f)(3), by striking ‘‘the date 

14 that is 12 years after the date of the enactment of 

15 this subsection’’ and inserting ‘‘November 29, 

16 2021’’. 

17 (b) IMPLEMENTATION OF MULTI-SPECIES HABITAT

18 CONSERVATION PLANS.—Section 3(d)(3)(B) of Public 

19 Law 99–548 (100 Stat. 3061, 116 Stat. 2018) is amended 

20 by inserting ‘‘and implementation’’ after ‘‘development’’. 

21 SEC. 105. LAKE MEAD TOURISM ACCESS. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Secretary, in consultation with the 

24 Virgin Valley Tourism and Economic Advisory Council, as 

25 defined in section 107 of this Act, shall implement a plan 

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1 to provide local boat access to Lake Mead, in accordance 

2 with the National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, 

4 and the Clark County Multi-Species Habitat Conservation 

5 Plan. 

6 SEC. 106. CLARK COUNTY OFF-ROAD VEHICLE TRAIL DES7 IGNATION. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—Not later than 2 years after 

10 the enactment of this Act, the Secretary shall com11 plete a study with a focus on existing, designated 

12 routes outside the National Conservation Area estab13 lished by this Act in accordance with the National 

14 Environmental Policy Act of 1969 (42 U.S.C. 4321 

15 et seq.), the Endangered Species Act of 1973, and 

16 the Clark County Multi-Species Habitat Conserva17 tion Plan for an Off-Highway Vehicle Trail (referred 

18 to in this section as the ‘‘Trail’’). 

19 (2) PREFERRED ROUTE.—Based on the study 

20 conducted under paragraph (1), the Secretary, in 

21 consultation with the Virgin Valley Tourism and 

22 Economic Advisory Council, as defined in section 3 

23 of this Act, and any interested persons, shall identify 

24 the preferred route for the Trail. 

25 (b) DESIGNATION OF TRAIL.— 

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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 not later than 1 year after the date on which the 

3 study is completed under subsection (a), the Sec4 retary may designate a Trail. 

5 (2) LIMITATIONS.—The Secretary may des6 ignate a Trail after determining a route for the 

7 Trail that would not have significant negative im8 pacts on wildlife, natural or cultural resources, or 

9 traditional uses. 

10 SEC. 107. VIRGIN VALLEY TOURISM AND ECONOMIC ADVI11 SORY COUNCIL. 

12 (a) ESTABLISHMENT.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary shall 

14 establish an advisory council, to be known as the ‘‘Virgin 

15 Valley Tourism and Economic Advisory Council’’. 

16 (b) APPLICABLE LAW.—The Virgin Valley Tourism 

17 and Economic Advisory Council shall be subject to the 

18 Federal Advisory Committee Act (5 U.S.C. App.). 

19 (c) MEMBERS.— 

20 (1) IN GENERAL.—The Virgin Valley Tourism 

21 and Economic Advisory Council shall include 13 

22 members to be appointed by the Secretary, of whom, 

23 to the extent practicable— 

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1 (A) 4 members shall be appointed after 

2 considering the recommendations of the Mes3 quite, Nevada, City Council; 

4 (B) 1 member shall be appointed after con5 sidering the recommendations of the Bunker6 ville, Nevada, Town Advisory Board; 

7 (C) 1 member shall be appointed after con8 sidering the recommendations of the Moapa 

9 Valley, Nevada, Town Advisory Board; 

10 (D) 1 member shall be appointed after 

11 considering the recommendations of the Moapa, 

12 Nevada, Town Advisory Board; 

13 (E) 1 member shall be appointed after con14 sidering the recommendations of the Moapa 

15 Band of Paiutes Tribal Council; and 

16 (F) 5 at-large members from the County 

17 shall be appointed after considering the rec18 ommendations of the County Commission. 

19 (2) REPRESENTATION.—The Secretary shall en20 sure that the membership of the Virgin Valley Tour21 ism and Economic Advisory Council is fairly bal22 anced in terms of the points of view represented and 

23 the functions to be performed by the Virgin Valley 

24 Tourism and Economic Advisory Council. 

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1 (3) INITIAL APPOINTMENT.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Secretary shall appoint the initial members of 

4 the Virgin Valley Tourism and Economic Advisory 

5 Council in accordance with paragraph (1). 

6 (d) DUTIES OF THE VIRGIN VALLEY TOURISM AND

7 ECONOMIC ADVISORY COUNCIL.—The Virgin Valley Tour8 ism and Economic Advisory Council shall advise the Sec9 retary with respect to the preparation and implementation 

10 of economic development initiatives. 

11 (e) COMPENSATION.—Members of the Virgin Valley 

12 Tourism and Economic Advisory Council shall receive no 

13 compensation for serving on the Council. 

14 (f) CHAIRPERSON.— 

15 (1) IN GENERAL.—The Virgin Valley Tourism 

16 and Economic Advisory Council shall elect a Chair17 person from among its members. 

18 (2) TERM.—The term of the Chairperson shall 

19 be 3 years. 

20 (g) TERM OF MEMBERS.— 

21 (1) IN GENERAL.—The term of a member of 

22 the Virgin Valley Tourism and Economic Advisory 

23 Council shall be 3 years. 

24 (2) SUCCESSORS.—Notwithstanding the expira25 tion of a 3-year term of a member of the Virgin Valmstockstill on DSK4VPTVN1PROD with BILLS

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1 ley Tourism and Economic Advisory Council, a 

2 member may continue to serve on the Virgin Valley 

3 Tourism and Economic Advisory Council until a suc4 cessor is appointed. 

5 (h) VACANCIES.— 

6 (1) IN GENERAL.—A vacancy on the Virgin 

7 Valley Tourism and Economic Advisory Council shall 

8 be filled in the same manner in which the original 

9 appointment was made. 

10 (2) APPOINTMENT FOR REMAINDER OF

11 TERM.—A member appointed to fill a vacancy on the 

12 Virgin Valley Tourism and Economic Advisory 

13 Council shall serve for the remainder of the term for 

14 which the predecessor was appointed. 

15 TITLE II—GOLD BUTTE NA16 TIONAL CONSERVATION AREA 

17 SEC. 201. ESTABLISHMENT OF GOLD BUTTE NATIONAL 

18 CONSERVATION AREA. 

19 (a) ESTABLISHMENT.—There is established the Gold 

20 Butte National Conservation Area in the State. 

21 (b) AREA INCLUDED.—The Conservation Area shall 

22 consist of approximately 348,515 acres of public land ad23 ministered by the Bureau of Land Management in the 

24 County, as generally depicted on the Map. 

25 (c) MAP AND LEGAL DESCRIPTION.— 

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

2 the date of the enactment of this Act, the Secretary 

3 shall file a map and legal description of the Con4 servation Area with the Committee on Natural Re5 sources of the House of Representatives and the 

6 Committee on Energy and Natural Resources of the 

7 Senate. 

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

9 prepared under paragraph (1) shall have the same 

10 force and effect as if included in this title, except 

11 that the Secretary may correct minor errors in the 

12 map or legal description. 

13 (3) PUBLIC AVAILABILITY.—A copy of the map 

14 and legal description shall be on file and available 

15 for public inspection in the appropriate offices of the 

16 Bureau of Land Management and the National Park 

17 Service. 

18 SEC. 202. MANAGEMENT OF CONSERVATION AREA. 

19 (a) PURPOSES.—In accordance with this title, the 

20 Federal Land Policy and Management Act of 1976 (43 

21 U.S.C. 1701 et seq.), and other applicable laws, the Sec22 retary shall manage the Conservation Area in a manner 

23 that conserves, protects, and enhances the scenic, biologi24 cal, natural, historical, scientific, paleontological, recmstockstill on DSK4VPTVN1PROD with BILLS

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1 reational, ecological, wilderness, and cultural resources of 

2 the Conservation Area. 

3 (b) MANAGEMENT PLAN.— 

4 (1) PLAN REQUIRED.—Not later than 3 years 

5 after the date of the enactment of this Act, the Sec6 retary shall develop a management plan for the long7 term protection and management of the Conserva8 tion Area. 

9 (2) CONSULTATION.—The Secretary shall pre10 pare the management plan in consultation with the 

11 State, local and tribal government entities, the Advi12 sory Council, and the public. 

13 (3) REQUIREMENTS.—The management plan 

14 shall— 

15 (A) describe the appropriate uses and 

16 management of the Conservation Area; and 

17 (B) include a recommendation on interpre18 tive and educational materials regarding the 

19 cultural and biological resources of the region 

20 within which the Conservation Area is located. 

21 (4) INCORPORATION OF ROUTE DESIGNA22 TIONS.—The management plan shall incorporate the 

23 decisions in the Route Designations for Selected 

24 Areas of Critical Environmental Concern Located in 

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1 trict Environmental Assessment, NV–052–2006– 

2 0433. 

3 (c) USES.—The Secretary shall allow only such uses 

4 of the Conservation Area that the Secretary determines 

5 would further the purpose of the Conservation Area de6 scribed in subsection (a). 

7 (d) INCORPORATION OF ACQUIRED LAND AND IN8 TERESTS.—Any land or interests in land located within 

9 the boundary of the Conservation Area that is acquired 

10 by the United States after the date of the enactment of 

11 this Act shall become part of the Conservation Area and 

12 be managed as provided in subsection (a). 

13 (e) NATIONAL LANDSCAPE CONSERVATION SYS14 TEM.—The Conservation Area shall be administered as a 

15 component of the National Landscape Conservation Sys16 tem. 

17 (f) HUNTING, FISHING, AND TRAPPING.—Nothing in 

18 this title affects the jurisdiction of the State with respect 

19 to fish and wildlife, including hunting, fishing, and trap20 ping in the Conservation Area. 

21 SEC. 203. GENERAL PROVISIONS. 

22 (a) NO BUFFER ZONES.— 

23 (1) IN GENERAL.—The establishment of the 

24 Conservation Area shall not create an express or immstockstill on DSK4VPTVN1PROD with BILLS

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1 plied protective perimeter or buffer zone around the 

2 Conservation Area. 

3 (2) PRIVATE LAND.—If the use of, or conduct 

4 of an activity on, private land that shares a bound5 ary with the Conservation Area is consistent with 

6 applicable law, nothing in this title concerning the 

7 establishment of the Conservation Area prohibits or 

8 limits the use or conduct of the activity. 

9 (b) WITHDRAWALS.—Subject to valid existing rights, 

10 all public land within the Conservation Area, including any 

11 land or interest in land that is acquired by the United 

12 States within the Conservation Area after the date of the 

13 enactment of this Act, is withdrawn from— 

14 (1) entry, appropriation or disposal under the 

15 public land laws; 

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

17 laws; and 

18 (3) operation of the mineral leasing, mineral 

19 materials, and geothermal leasing laws. 

20 (c) SPECIAL MANAGEMENT AREAS.— 

21 (1) IN GENERAL.—The establishment of the 

22 Conservation Area shall not affect the management 

23 status of any area within the boundary of the Con24 servation Area that is protected under the Clark 

25 County Multi-Species Habitat Conservation Plan. 

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1 (2) CONFLICT OF LAWS.—If there is a conflict 

2 between the laws applicable to an area described in 

3 paragraph (1) and this title, the more restrictive 

4 provision shall control. 

5 SEC. 204. VIRGIN VALLEY WATER DISTRICT. 

6 Notwithstanding any other provisions of law, the Sec7 retary shall manage the area to allow continued and rea8 sonable use and access by the Virgin Valley Water Dis9 trict, including use of motorized vehicles and equipment, 

10 within its rights-of-way, to access, monitor, maintain, and 

11 operate water diversions, facilities, and improvements fa12 cilitating lawful beneficial use of its existing and future 

13 water rights appropriated under applicable State law. 

14 SEC. 205. GOLD BUTTE NATIONAL CONSERVATION AREA 

15 ADVISORY COUNCIL. 

16 (a) ESTABLISHMENT.—Not later than 180 days after 

17 the date of the enactment of this Act, the Secretary shall 

18 establish an advisory council, to be known as the ‘‘Gold 

19 Butte National Conservation Area Advisory Council’’. 

20 (b) DUTIES.—The Advisory Council shall advise the 

21 Secretary with respect to the preparation and implementa22 tion of the management plan. 

23 (c) APPLICABLE LAW.—The Advisory Council shall 

24 be subject to— 

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1 (1) the Federal Advisory Committee Act (5 

2 U.S.C. App.); and 

3 (2) the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1701 et seq.). 

5 (d) MEMBERS.— 

6 (1) IN GENERAL.—The Advisory Council shall 

7 include 13 members to be appointed by the Sec8 retary, of whom, to the extent practicable— 

9 (A) 4 members shall be appointed after 

10 considering the recommendations of the Mes11 quite, Nevada, City Council; 

12 (B) 1 member shall be appointed after con13 sidering the recommendations of the Bunker14 ville, Nevada, Town Advisory Board; 

15 (C) 1 member shall be appointed after con16 sidering the recommendations of the Moapa 

17 Valley, Nevada, Town Advisory Board; 

18 (D) 1 member shall be appointed after 

19 considering the recommendations of the Moapa, 

20 Nevada, Town Advisory Board; 

21 (E) 1 member shall be appointed after con22 sidering the recommendations of the Moapa 

23 Band of Paiutes Tribal Council; and 

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1 (F) 5 at-large members from the County 

2 shall be appointed after considering the rec3 ommendations of the County Commission. 

4 (2) SPECIAL APPOINTMENT CONSIDER5 ATIONS.—The at-large members appointed under 

6 paragraph (1)(F) shall have backgrounds that re7 flect— 

8 (A) the purposes for which the Conserva9 tion Area was established; and 

10 (B) the interests of persons affected by the 

11 planning and management of the Conservation 

12 Area. 

13 (3) REPRESENTATION.—The Secretary shall en14 sure that the membership of the Advisory Council is 

15 fairly balanced in terms of the points of view rep16 resented and the functions to be performed by the 

17 Advisory Council. 

18 (4) INITIAL APPOINTMENT.—Not later than 

19 180 days after the date of the enactment of this Act, 

20 the Secretary shall appoint the initial members of 

21 the Advisory Council in accordance with paragraph 

22 (1). 

23 (e) DUTIES OF THE ADVISORY COUNCIL.—The Advi24 sory Council shall advise the Secretary with respect to the 

25 preparation and implementation of the management plan, 

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1 including budgetary matters relating to the Conservation 

2 Area. 

3 (f) COMPENSATION.—Members of the Advisory Coun4 cil shall receive no compensation for serving on the Advi5 sory Council. 

6 (g) CHAIRPERSON.— 

7 (1) IN GENERAL.—The Advisory Council shall 

8 elect a Chairperson from among the members of the 

9 Advisory Council. 

10 (2) TERM.—The term of the Chairperson shall 

11 be 3 years. 

12 (h) TERM OF MEMBERS.— 

13 (1) IN GENERAL.—The term of a member of 

14 the Advisory Council shall be 3 years. 

15 (2) SUCCESSORS.—Notwithstanding the expira16 tion of a 3-year term of a member of the Advisory 

17 Council, a member may continue to serve on the Ad18 visory Council until a successor is appointed. 

19 (i) VACANCIES.— 

20 (1) IN GENERAL.—A vacancy on the Advisory 

21 Council shall be filled in the same manner in which 

22 the original appointment was made. 

23 (2) APPOINTMENT FOR REMAINDER OF

24 TERM.—A member appointed to fill a vacancy on the 

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1 Advisory Council shall serve for the remainder of the 

2 term for which the predecessor was appointed. 

3 (j) TERMINATION.—The Advisory Council shall ter4 minate not later than 3 years after the date on which the 

5 final version of the management plan is published. 

6 TITLE III—DESIGNATION OF 

7 WILDERNESS AREAS IN 

8 CLARK COUNTY, NEVADA 

9 SEC. 301. ADDITIONS TO NATIONAL WILDERNESS PRESER10 VATION SYSTEM. 

11 (a) ADDITIONS.—In furtherance of the Wilderness 

12 Act (16 U.S.C. 1131 et seq.), the following public land 

13 administered by the National Park Service or the Bureau 

14 of Land Management in the County is designated as wil15 derness and as components of the National Wilderness 

16 Preservation System: 

17 (1) VIRGIN PEAK WILDERNESS.—Certain public 

18 land managed by the Bureau of Land Management, 

19 comprising approximately 18,296 acres, as generally 

20 depicted on the Map, which shall be known as the 

21 ‘‘Virgin Peak Wilderness’’. 

22 (2) BLACK RIDGE WILDERNESS.—Certain pub23 lic land managed by the Bureau of Land Manage24 ment, comprising approximately 18,192 acres, as 

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1 generally depicted on the Map, which shall be known 

2 as the ‘‘Black Ridge Wilderness’’. 

3 (3) BITTER RIDGE NORTH WILDERNESS.—Cer4 tain public land managed by the Bureau of Land 

5 Management comprising approximately 15,114 

6 acres, as generally depicted on the Map, which shall 

7 be known as the ‘‘Bitter Ridge North Wilderness’’. 

8 (4) BITTER RIDGE SOUTH WILDERNESS.—Cer9 tain public land managed by the Bureau of Land 

10 Management, comprising approximately 12,646 

11 acres, as generally depicted on the Map, which shall 

12 be known as the ‘‘Bitter Ridge Wilderness’’. 

13 (5) BILLY GOAT PEAK WILDERNESS.—Certain 

14 public land managed by the Bureau of Land Man15 agement, comprising approximately 30,460 acres, as 

16 generally depicted on the Map, which shall be known 

17 as the ‘‘Billy Goat Peak Wilderness’’. 

18 (6) MILLION HILLS WILDERNESS.—Certain 

19 public land managed by the Bureau of Land Man20 agement, comprising approximately 24,818 acres, as 

21 generally depicted on the Map, which shall be known 

22 as the ‘‘Million Hills Wilderness’’. 

23 (7) LAKE MEAD WILDERNESS.—Certain public 

24 land within the Lake Mead National Recreation 

25 Area, comprising approximately 102,032 acres, as 

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1 generally depicted on the Map, which shall be known 

2 as the ‘‘Lake Mead Wilderness’’. 

3 (b) NATIONAL LANDSCAPE CONSERVATION SYS4 TEM.—The wilderness areas administered by the Bureau 

5 of Land Management shall be administered as components 

6 of the National Landscape Conservation System. 

7 (c) ROAD OFFSET.—The boundary of any portion of 

8 a wilderness area that is bordered by a road shall be at 

9 least 100 feet away from the centerline of the road so as 

10 not to interfere with public access. 

11 (d) LAKE OFFSET.—The boundary of any portion of 

12 a wilderness area that is bordered by Lake Mead or the 

13 Colorado River shall be 300 feet inland from the high 

14 water line. 

15 (e) MAP AND LEGAL DESCRIPTION.— 

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

17 the date of the enactment of this Act, the Secretary 

18 shall file a map and legal description of each wilder19 ness area with the Committee on Natural Resources 

20 of the House of Representatives and the Committee 

21 on Energy and Natural Resources of the Senate. 

22 (2) EFFECT.—Each map and legal description 

23 under paragraph (1) shall have the same force and 

24 effect as if included in this title, except that the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary may correct clerical and typographical errors 

2 in the map or legal description. 

3 (3) AVAILABILITY.—Each map and legal de4 scription under paragraph (1) shall be on file and 

5 available for public inspection in the appropriate of6 fices of the Bureau of Land Management and the 

7 National Park Service. 

8 SEC. 302. ADMINISTRATION. 

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

10 the wilderness areas shall be administered by the Sec11 retary in accordance with the Wilderness Act (16 U.S.C. 

12 1131 et seq.), except that— 

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

14 date of that Act shall be considered to be a reference 

15 to the date of the enactment of this Act; and 

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

17 of Agriculture shall be considered to be a reference 

18 to the Secretary. 

19 (b) INCORPORATION OF ACQUIRED LAND AND IN20 TERESTS.—Any land or interest in land within the bound21 aries of a wilderness area that is acquired by the United 

22 States after the date of the enactment of this Act shall 

23 be added to, and administered as part of, the wilderness 

24 area within which the acquired land or interest is located. 

25 (c) WATER RIGHTS.— 

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1 (1) FINDINGS.—Congress finds that— 

2 (A) the land designated as a wilderness 

3 area— 

4 (i) is within the Mojave Desert; 

5 (ii) is arid in nature; and 

6 (iii) includes ephemeral streams; 

7 (B) the hydrology of the land designated 

8 as a wilderness area is locally characterized by 

9 complex flow patterns and alluvial fans with im10 permanent channels; 

11 (C) the subsurface hydrogeology of the re12 gion within which the land designated as a wil13 derness area is located is characterized by 

14 ground water subject to local and regional flow 

15 gradients and artesian aquifers; 

16 (D) the land designated as a wilderness 

17 area is generally not suitable for use or develop18 ment of new water resource facilities; 

19 (E) there are no actual or proposed water 

20 resource facilities and no opportunities for di21 version, storage, or other uses of water occur22 ring outside the land designated as a wilderness 

23 area that would adversely affect the wilderness 

24 or other values of the land; and 

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1 (F) because of the unique nature and hy2 drology of the desert land designated as a wil3 derness area and the existence of the Clark 

4 County Multi-Species Habitat Conservation 

5 Plan, it is possible to provide for proper man6 agement and protection of the wilderness, pe7 rennial springs, and other values of the land in 

8 ways different than the methods used in other 

9 laws. 

10 (2) STATUTORY CONSTRUCTION.— 

11 (A) NO RESERVATION.—Nothing in this 

12 title constitutes an express or implied reserva13 tion by the United States of any water or water 

14 rights with respect to the land designated as a 

15 wilderness area. 

16 (B) STATE RIGHTS.—Nothing in this title 

17 affects any water rights in the State existing on 

18 the date of the enactment of this Act, including 

19 any water rights held by the United States. 

20 (C) NO PRECEDENT.—Nothing in this sub21 section establishes a precedent with regard to 

22 any future wilderness designations. 

23 (D) NO EFFECT ON COMPACTS.—Nothing 

24 in this title limits, alters, modifies, or amends 

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1 portionment decrees that apportion water 

2 among and between the State and other States. 

3 (3) NEVADA WATER LAW.—The Secretary shall 

4 follow the procedural and substantive requirements 

5 of State law in order to obtain and hold any water 

6 rights not in existence on the date of the enactment 

7 of this Act with respect to the land designated as a 

8 wilderness area. 

9 (4) NEW PROJECTS.— 

10 (A) DEFINITION.— 

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

12 the term ‘‘water resource facility’’ means 

13 irrigation and pumping facilities, res14 ervoirs, water conservation works, aque15 ducts, canals, ditches, pipelines, wells, hy16 dropower projects, and transmission and 

17 other ancillary facilities, and other water 

18 diversion, storage, and carriage structures. 

19 (ii) EXCLUSION.—In this paragraph, 

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

21 include wildlife guzzlers. 

22 (B) NO LICENSES OR PERMITS.—Except 

23 as otherwise provided in this title, on and after 

24 the date of the enactment of this Act, neither 

25 the President nor any other officer, employee, 

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1 or agent of the United States shall fund, assist, 

2 authorize, or issue a license or permit for the 

3 development of any new water resource facility 

4 within the land designated as a wilderness area. 

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

6 any Federal land within the wilderness areas, including 

7 any land or interest in land that is acquired by the United 

8 States within the Conservation Area after the date of the 

9 enactment of this Act, is withdrawn from— 

10 (1) entry, appropriation, or disposal under the 

11 public land laws; 

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

13 laws; and 

14 (3) operation of the mineral leasing, mineral 

15 materials, and geothermal leasing laws. 

16 SEC. 303. ADJACENT MANAGEMENT. 

17 (a) NO BUFFER ZONES.—Congress does not intend 

18 for the designation of land as wilderness areas to lead to 

19 the creation of protective perimeters or buffer zones 

20 around the wilderness areas. 

21 (b) NONWILDERNESS ACTIVITIES.—The fact that 

22 nonwilderness activities or uses can be seen or heard from 

23 areas within a wilderness area shall not preclude the con24 duct of those activities or uses outside the boundary of 

25 the wilderness area. 

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1 SEC. 304. MILITARY, LAW ENFORCEMENT, AND EMERGENCY 

2 OVERFLIGHTS. 

3 Nothing in this Act restricts or precludes— 

4 (1) low-level overflights of military, law enforce5 ment, or emergency medical services aircraft over 

6 the area designated as wilderness by this Act, in7 cluding military, law enforcement, or emergency 

8 medical services overflights that can be seen or 

9 heard within the wilderness area; 

10 (2) flight testing and evaluation; or 

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

12 special use airspace, or the establishment of military, 

13 law enforcement, or emergency medical services 

14 flight training routes, over the wilderness area. 

15 SEC. 305. RELEASE OF WILDERNESS STUDY AREAS. 

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

17 of section 603 of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

19 Management land in any portion of the wilderness study 

20 areas located within the Conservation Area not designated 

21 as a wilderness area has been adequately studied for wil22 derness designation. 

23 (b) RELEASE.—Any Bureau of Land Management 

24 land described in subsection (a) that is not designated as 

25 a wilderness area— 

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1 (1) is no longer subject to section 603(c) of the 

2 Federal Land Policy and Management Act of 1976 

3 (43 U.S.C. 1782(c)); 

4 (2) shall be managed in accordance with— 

5 (A) the land management plans adopted 

6 under section 202 of that Act (43 U.S.C. 

7 1712); and 

8 (B) cooperative conservation agreements in 

9 existence on the date of the enactment of this 

10 Act; and 

11 (3) shall be subject to the Endangered Species 

12 Act of 1973 (16 U.S.C. 1531 et seq.). 

13 SEC. 306. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

14 USES. 

15 Nothing in this title diminishes— 

16 (1) the rights of any Indian tribe; or 

17 (2) tribal rights regarding access to Federal 

18 land for tribal activities, including spiritual, cultural, 

19 and traditional food-gathering activities. 

20 SEC. 307. WILDLIFE, WILDFIRE, INSECT, AND DISEASE MAN21 AGEMENT; DATA COLLECTION. 

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

23 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

24 nothing in this title affects or diminishes the jurisdiction 

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

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

2 in the wilderness areas. 

3 (b) MANAGEMENT ACTIVITIES.— 

4 (1) IN GENERAL.—In furtherance of the pur5 poses and principles of the Wilderness Act (16 

6 U.S.C. 1131 et seq.), management activities to 

7 maintain or restore fish and wildlife populations and 

8 the habitats to support the populations may be car9 ried out within the wilderness areas, if the activi10 ties— 

11 (A) are consistent with relevant wilderness 

12 management plans; and 

13 (B) are carried out in accordance with ap14 propriate policies, such as those set forth in Ap15 pendix B of House Report 101–405. 

16 (2) USE OF MOTORIZED VEHICLES.—The man17 agement activities under paragraph (1) may include 

18 the occasional and temporary use of motorized vehi19 cles, if the use, as determined by the Secretary, 

20 would— 

21 (A) promote healthy, viable, and more nat22 urally distributed wildlife populations that 

23 would enhance wilderness values; and 

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1 (B) accomplish the purposes described in 

2 subparagraph (A) with the minimum impact 

3 necessary to reasonably accomplish the task. 

4 (c) EXISTING ACTIVITIES.—Consistent with section 

5 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

6 in accordance with appropriate policies such as those set 

7 forth in Appendix B of House Report 101–405, the State 

8 may continue to use aircraft (including helicopters) to sur9 vey, capture, transplant, monitor, and provide water for 

10 wildlife populations, including bighorn sheep, and feral 

11 stock, horses, and burros. 

12 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

13 Subject to subsection (f), the Secretary shall authorize 

14 structures and facilities, including existing structures and 

15 facilities, for wildlife water development projects, including 

16 guzzlers, in the wilderness areas if— 

17 (1) the structures and facilities will, as deter18 mined by the Secretary, enhance wilderness values 

19 by promoting healthy, viable and more naturally dis20 tributed wildlife populations; and 

21 (2) the visual impacts of the structures and fa22 cilities on the wilderness areas can reasonably be 

23 minimized. 

24 (e) HUNTING, FISHING, AND TRAPPING.— 

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1 (1) IN GENERAL.—The Secretary may des2 ignate, by regulation, areas in which, and establish 

3 periods during which, for reasons of public safety, 

4 administration, or compliance with applicable laws, 

5 no hunting, fishing, or trapping will be permitted in 

6 the wilderness areas. 

7 (2) CONSULTATION.—Except in emergencies, 

8 the Secretary shall consult with the appropriate 

9 State agency before promulgating regulations under 

10 paragraph (1). 

11 (f) COOPERATIVE AGREEMENT.—The State, includ12 ing a designee of the State, may conduct wildlife manage13 ment activities in the wilderness areas— 

14 (1) in accordance with the terms and conditions 

15 specified in the cooperative agreement between the 

16 Secretary and the State entitled ‘‘Memorandum of 

17 Understanding between the Bureau of Land Man18 agement and the Nevada Department of Wildlife 

19 Supplement No. 9’’ and signed November and De20 cember 2003, including any amendments to the co21 operative agreement agreed to by the Secretary and 

22 the State; and 

23 (2) subject to all applicable laws (including reg24 ulations). 

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1 (g) WILDFIRE, INSECT, AND DISEASE MANAGE2 MENT.— 

3 (1) IN GENERAL.—In accordance with section 

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

5 1133(d)(1)), the Secretary may take such measures 

6 in each wilderness area as the Secretary determines 

7 to be necessary for the control of fire, insects, and 

8 diseases (including, as the Secretary determines to 

9 be appropriate, the coordination of the activities 

10 with a State or local agency). 

11 (2) EFFECT.—Nothing in this Act precludes a 

12 Federal, State, or local agency from conducting wild13 fire management operations (including operations 

14 using aircraft or mechanized equipment) in accord15 ance with section 4(d)(1) of the Wilderness Act (16 

16 U.S.C. 1133(d)(1)). 

17 (h) DATA COLLECTION.—Subject to such terms and 

18 conditions as the Secretary may require, nothing in this 

19 title precludes the installation and maintenance of hydro20 logic, meteorologic, or climatological collection devices in 

21 the wilderness areas if the facilities and access to the fa22 cilities are essential to flood warning, flood control, and 

23 water reservoir operation activities. 

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1 SEC. 308. NATIONAL PARK SYSTEM LAND. 

2 To the extent any of the provisions of this title are 

3 in conflict with laws (including regulations) or manage4 ment policies applicable to Federal land within the Lake 

5 Mead National Recreation Area designated as a wilderness 

6 area, the laws (including regulations) or policies shall con7 trol. 

8 TITLE IV—GENERAL 

9 PROVISIONS 

10 SEC. 401. TERMINATION OF WITHDRAWAL OF BUREAU OF 

11 LAND MANAGEMENT LAND. 

12 (a) TERMINATION OF WITHDRAWAL.—The with13 drawal of the parcels of Bureau of Land Management land 

14 described in subsection (b) for use by the Bureau of Rec15 lamation is terminated. 

16 (b) DESCRIPTION OF LAND.—The parcels of land re17 ferred to in subsection (a) consist of the Bureau of Land 

18 Management land identified on the Map as ‘‘Transfer 

19 from BOR to BLM’’. 

20 (c) MAP AND LEGAL DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall finalize the legal description of the land revert24 ing to the Bureau of Land Management under sub25 section (a). 

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1 (2) MINOR ERRORS.—The Secretary may cor2 rect any minor error in— 

3 (A) the Map; or 

4 (B) the legal description. 

5 (3) AVAILABILITY.—The Map and legal descrip6 tion shall be on file and available for public inspec7 tion in the appropriate offices of the Bureau of 

8 Land Management and the Bureau of Reclamation. 

9 SEC. 402. RELATIONSHIP TO CLARK COUNTY MULTI-SPE10 CIES HABITAT CONSERVATION PLAN. 

11 (a) AMENDMENT TO PLAN.—The Secretary shall 

12 credit, on an acre-for-acre basis, approximately 124,000 

13 acres of multiple use lands being conserved under this Act 

14 toward the development of additional non-Federal land 

15 within the County through an amendment to the Clark 

16 County Multi-Species Habitat Conservation Plan. 

17 (b) CONSERVATION MANAGEMENT AREAS.—The Sec18 retary shall credit the Conservation Area and the wilder19 ness areas as Conservation Management Areas, as may 

20 be required by the Clark County Multi-Species Habitat 

21 Conservation Plan (including amendments to the plan). 

22 (c) CONSERVATION MANAGEMENT AREAS.—Nothing 

23 in this Act otherwise limits, alters, modifies, or amends 

24 the Clark County Multi-Species Habitat Conservation 

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1 ness areas, including the specific management actions con2 tained in the Clark County Multi-Species Habitat Con3 servation Plan for the conservation of perennial springs. 

4 (d) MANAGEMENT PLAN.—In developing the man5 agement plan, to the extent consistent with this section, 

6 the Secretary may incorporate any provision of the Clark 

7 County Multi-Species Habitat Conservation Plan. 

8 SEC. 403. MOTORIZED VEHICLES. 

9 (a) IN GENERAL.—The use of motorized vehicles 

10 shall be permitted on designated routes. 

11 (b) EXCEPTIONS.—In cases which motorized vehicles 

12 are required to respond to an emergency, or for adminis13 trative purposes, the use of vehicles shall be permitted be14 yond designated routes. 

15 (c) NOTICE.—The Secretary shall provide informa16 tion to the public regarding any designated routes that 

17 are open, have been rerouted, or are temporarily closed 

18 through— 

19 (1) use of appropriate signage within the Con20 servation Area; and 

21 (2) the distribution of maps, safety education 

22 materials, law enforcement, and other information 

23 considered to be appropriate by the Secretary. 

24 (d) NO EFFECT ON NON-FEDERAL LAND OR INTER25 ESTS IN NON-FEDERAL LAND.—Nothing in this section 

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1 affects ownership, management, or other rights relating 

2 to non-Federal land or interests in non-Federal land. 

3 (e) MAP ON FILE.—The Secretary shall keep a cur4 rent map on file at the appropriate offices of the Bureau 

5 of Land Management. 

Æ 

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