PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2403

Public Law 108–424

108th Congress

An Act

To establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, Nevada, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

SEC. 2. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Lincoln County

Conservation, Recreation, and Development Act of 2004’’.

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

is as follows:

Sec. 1. Authorization of appropriations.

Sec. 2. Short title; table of contents.

TITLE I—LAND DISPOSAL

Sec. 101. Definitions.

Sec. 102. Conveyance of Lincoln County land.

Sec. 103. Disposition of proceeds.

TITLE II—WILDERNESS AREAS

Sec. 201. Findings.

Sec. 202. Definitions.

Sec. 203. Additions to National Wilderness Preservation System.

Sec. 204. Administration.

Sec. 205. Adjacent management.

Sec. 206. Military overflights.

Sec. 207. Native American cultural and religious uses.

Sec. 208. Release of wilderness study areas.

Sec. 209. Wildlife management.

Sec. 210. Wildfire management.

Sec. 211. Climatological data collection.

TITLE III—UTILITY CORRIDORS

Sec. 301. Utility corridor and rights-of-way.

Sec. 302. Relocation of right-of-way and utility corridors located in Clark and Lincoln counties in the State of Nevada.

TITLE IV—SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

Sec. 401. Silver State Off-Highway Vehicle Trail.

TITLE V—OPEN SPACE PARKS

Sec. 501. Open space park conveyance to Lincoln County, Nevada.

Sec. 502. Open space park conveyance to the State of Nevada.

TITLE VI—JURISDICTION TRANSFER

Sec. 601. Transfer of administrative jurisdiction between the Fish and Wildlife

Service and the Bureau of Land Management.

16 USC 1241

note.

Lincoln County

Conservation,

Recreation, and

Development Act

of 2004.

Nov. 30, 2004

[H.R. 4593]

118 STAT. 2404 PUBLIC LAW 108–424—NOV. 30, 2004

TITLE I—LAND DISPOSAL

SEC. 101. DEFINITIONS.

In this title:

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

Nevada.

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Lincoln

County Conservation, Recreation, and Development Act Map’’

and dated October 1, 2004.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) SPECIAL ACCOUNT.—The term ‘‘special account’’ means

the special account established under section 103(b)(3).

SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

(a) IN GENERAL.—Notwithstanding sections 202 and 203 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1711, 1712), the Secretary, in cooperation with the County, in

accordance with that Act, this title, and other applicable law and

subject to valid existing rights, shall conduct sales of—

(1) the land described in subsection (b)(1) to qualified bidders not later than 75 days after the date of the enactment

of this Act; and

(2) the land described in subsection (b)(2) to qualified bidders as such land becomes available for disposal.

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

(a) consists of—

(1) the land identified on the map as Tract A and Tract

B totaling approximately 13,328 acres; and

(2) not more than 90,000 acres of Bureau of Land Management managed public land in Lincoln County that is not segregated or withdrawn on the date of enactment of this Act

or thereafter, and that is identified for disposal by the BLM

either through—

(A) the Ely Resource Management Plan (intended to

be finalized in 2005); or

(B) a subsequent amendment to that land use plan

undertaken with full public involvement.

(c) AVAILABILITY.—Each map and legal description shall be

on file and available for public inspection in (as appropriate)—

(1) the Office of the Director of the Bureau of Land Management;

(2) the Office of the Nevada State Director of the Bureau

of Land Management;

(3) the Ely Field Office of the Bureau of Land Management;

and

(4) the Caliente Field Station of the Bureau of Land

Management.

(d) JOINT SELECTION REQUIRED.—The Secretary and the County

shall jointly select which parcels of land described in subsection

(b)(2) to offer for sale under subsection (a).

(e) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.—

Before a sale of land under subsection (a), the County shall submit

to the Secretary a certification that qualified bidders have agreed

to comply with—

(1) County and city zoning ordinances; and

Certification.

Deadline.

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2405

(2) any master plan for the area approved by the County.

(f) METHOD OF SALE; CONSIDERATION.—The sale of land under

subsection (a) shall be—

(1) consistent with section 203(d) and 203(f) of the Federal

Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and

(f));

(2) through a competitive bidding process unless otherwise

determined by the Secretary; and

(3) for not less than fair market value.

(g) WITHDRAWAL.—

(1) IN GENERAL.—Subject to valid existing rights and except

as provided in paragraph (2), the land described in subsection

(b) is withdrawn from—

(A) all forms of entry and appropriation under the

public land laws, including the mining laws;

(B) location, entry, and patent under the mining laws;

and

(C) operation of the mineral leasing and geothermal

leasing laws.

(2) EXCEPTION.—Paragraph (1)(A) shall not apply to a

competitive sale or an election by the County to obtain the

land described in subsection (b) for public purposes under the

Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known

as the ‘‘Recreation and Public Purposes Act’’).

(h) DEADLINE FOR SALE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall—

(A) notwithstanding the Lincoln County Land Act of

2000 (114 Stat. 1046), not later than 75 days after the

date of the enactment of this Act, offer by sale the land

described in subsection (b)(1) if there is a qualified bidder

for such land; and

(B) offer for sale annually lands identified for sale

in subsection (b)(2) until such lands are disposed of or

unless the county requests a postponement under paragraph (2).

(2) POSTPONEMENT; EXCLUSION FROM SALE.—

(A) REQUEST BY COUNTY FOR POSTPONEMENT OR EXCLUSION.—At the request of the County, the Secretary shall

postpone or exclude from the sale all or a portion of the

land described in subsection (b)(2).

(B) INDEFINITE POSTPONEMENT.—Unless specifically

requested by the County, a postponement under subparagraph (A) shall not be indefinite.

SEC. 103. DISPOSITION OF PROCEEDS.

(a) INITIAL LAND SALE.—Section 5 of the Lincoln County Land

Act of 2000 (114 Stat. 1047) shall apply to the disposition of the

gross proceeds from the sale of land described in section 102(b)(1).

(b) DISPOSITION OF PROCEEDS.—Proceeds from sales of lands

described in section 102(b)(2) shall be disbursed as follows—

(1) 5 percent shall be paid directly to the state for use

in the general education program of the State;

(2) 10 percent shall be paid to the County for use for

fire protection, law enforcement, public safety, housing, social

services, and transportation; and

Applicability.

118 STAT. 2406 PUBLIC LAW 108–424—NOV. 30, 2004

(3) the remainder shall be deposited in a special account

in the Treasury of the United States and shall be available

without further appropriation to the Secretary until expended

for—

(A) the reimbursement of costs incurred by the Nevada

State office and the Ely Field Office of the Bureau of

Land Management for preparing for the sale of land

described in section 102(b) including surveys appraisals,

compliance with the National Environmental Policy Act

of 1969 (42 U.S.C. 4321) and compliance with the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1711,

1712);

(B) the inventory, evaluation, protection, and management of unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of

1979 (16 U.S.C. 470bb)) of the County;

(C) the development and implementation of a multispecies habitat conservation plan for the County;

(D) processing of public land use authorizations and

rights-of-way relating to the development of land conveyed

under section 102(a) of this Act;

(E) processing the Silver State OHV trail and implementing the management plan required by section 151(c)(2)

of this Act; and

(F) processing wilderness designation, including but

not limited to, the costs of appropriate fencing, signage,

public education, and enforcement for the wilderness areas

designated.

(c) INVESTMENT OF SPECIAL ACCOUNT.—Any amounts deposited

in the special account shall earn interest in an amount determined

by the Secretary of the Treasury on the basis of the current average

market yield on outstanding marketable obligations of the United

States of comparable maturities, and may be expended according

to the provisions of this section.

TITLE II—WILDERNESS AREAS

SEC. 201. FINDINGS.

Congress finds that—

(1) public land in the County contains unique and spectacular natural resources, including—

(A) priceless habitat for numerous species of plants

and wildlife; and

(B) thousands of acres of land that remain in a natural

state; and

(2) continued preservation of those areas would benefit

the County and all of the United States by—

(A) ensuring the conservation of ecologically diverse

habitat;

(B) protecting prehistoric cultural resources;

(C) conserving primitive recreational resources; and

(D) protecting air and water quality.

SEC. 202. DEFINITIONS.

In this title:

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2407

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

Nevada.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) STATE.—The term ‘‘State’’ means the State of Nevada.

SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION

SYSTEM.

(a) ADDITIONS.—The following land in the State is designated

as wilderness and as components of the National Wilderness

Preservation System:

(1) MORMON MOUNTAINS WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 157,938 acres, as generally depicted on the map

entitled ‘‘Southern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Mormon Mountains Wilderness’’.

(2) MEADOW VALLEY RANGE WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 123,488 acres, as generally depicted on the map

entitled ‘‘Southern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Meadow Valley

Range Wilderness’’.

(3) DELAMAR MOUNTAINS WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 111,328 acres, as generally depicted on the map

entitled ‘‘Southern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Delamar Mountains Wilderness’’.

(4) CLOVER MOUNTAINS WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 85,748 acres, as generally depicted on the map

entitled ‘‘Southern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Clover Mountains

Wilderness’’.

(5) SOUTH PAHROC RANGE WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 25,800 acres, as generally depicted on the map

entitled ‘‘Western Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘South Pahroc

Range Wilderness’’.

(6) WORTHINGTON MOUNTAINS WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 30,664 acres, as generally depicted on

the map entitled ‘‘Western Lincoln County Wilderness Map’’,

dated October 1, 2004, which shall be known as the ‘‘Worthington Mountains Wilderness’’.

(7) WEEPAH SPRING WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 51,480 acres, as generally depicted on the map

entitled ‘‘Western Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Weepah Spring

Wilderness’’.

(8) PARSNIP PEAK WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 43,693 acres, as generally depicted on the map entitled

16 USC 1132

note.

118 STAT. 2408 PUBLIC LAW 108–424—NOV. 30, 2004

‘‘Northern Lincoln County Wilderness Map’’, dated October 1,

2004, which shall be known as the ‘‘Parsnip Peak Wilderness’’.

(9) WHITE ROCK RANGE WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 24,413 acres, as generally depicted on the map

entitled ‘‘Northern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘White Rock

Range Wilderness’’.

(10) FORTIFICATION RANGE WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 30,656 acres, as generally depicted on the map

entitled ‘‘Northern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Fortification

Range Wilderness’’.

(11) FAR SOUTH EGANS WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 36,384 acres, as generally depicted on the map

entitled ‘‘Northern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Far South

Egans Wilderness’’.

(12) TUNNEL SPRING WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 5,371 acres, as generally depicted on the map

entitled ‘‘Southern Lincoln County Wilderness Map’’, dated

October 1, 2004, which shall be known as the ‘‘Tunnel Spring

Wilderness’’.

(13) BIG ROCKS WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,997 acres, as generally depicted on the map entitled

‘‘Western Lincoln County Wilderness Map’’, dated October 1,

2004, which shall be known as the ‘‘Big Rocks Wilderness’’.

(14) MT. IRISH WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 28,334 acres, as generally depicted on the map entitled

‘‘Western Lincoln County Wilderness Map’’, dated October 1,

2004, which shall be known as the ‘‘Mt. Irish Wilderness’’.

(b) BOUNDARY.—The boundary of any portion of a wilderness

area designated by subsection (a) that is bordered by a road shall

be at least 100 feet from the edge of the road to allow public

access.

(c) MAP AND LEGAL DESCRIPTION.—

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

of enactment of this Act, the Secretary shall file a map and

legal description of each wilderness area designated by subsection (a) with the Committee on Resources of the House

of Representatives and the Committee on Energy and Natural

Resources of the Senate.

(2) EFFECT.—Each map and legal description shall have

the same force and effect as if included in this section, except

that the Secretary may correct clerical and typographical errors

in the map or legal description.

(3) AVAILABILITY.—Each map and legal description shall

be on file and available for public inspection in (as appropriate)—

(A) the Office of the Director of the Bureau of Land

Management;

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2409

(B) the Office of the Nevada State Director of the

Bureau of Land Management;

(C) the Ely Field Office of the Bureau of Land Management; and

(D) the Caliente Field Station of the Bureau of Land

Management.

(d) WITHDRAWAL.—Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from—

(1) all forms of entry, appropriation, and disposal under

the public land laws;

(2) location, entry, and patent under the mining laws;

and

(3) operation of the mineral leasing and geothermal leasing

laws.

SEC. 204. ADMINISTRATION.

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

designated as wilderness by this title shall be administered by

the Secretary in accordance with the Wilderness Act (16 U.S.C.

1131 et seq.), except that—

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

be considered to be a reference to the date of the enactment

of this Act; and

(2) any reference in that Act to the Secretary of Agriculture

shall be considered to be a reference to the Secretary of the

Interior.

(b) LIVESTOCK.—Within the wilderness areas designated under

this title that are administered by the Bureau of Land Management,

the grazing of livestock in areas in which grazing is established

as of the date of enactment of this Act shall be allowed to continue,

subject to such reasonable regulations, policies, and practices that

the Secretary considers necessary, consistent with section 4(d)(4)

of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in Appendix A of House Report 101–405.

(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any

land or interest in land within the boundaries of an area designated

as wilderness by this title that is acquired by the United States

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

and administered as part of the wilderness area within which

the acquired land or interest is located.

(d) WATER RIGHTS.—

(1) FINDINGS.—Congress finds that—

(A) the land designated as Wilderness by this title

is within the Northern Mojave and Great Basin Deserts,

is arid in nature, and includes ephemeral streams;

(B) the hydrology of the land designated as wilderness

by this title is predominantly characterized by complex

flow patterns and alluvial fans with impermanent channels;

(C) the subsurface hydrogeology of the region is

characterized by ground water subject to local and regional

flow gradients and unconfined and artesian conditions;

(D) the land designated as wilderness by this title

is generally not suitable for use or development of new

water resource facilities; and

(E) because of the unique nature and hydrology of

the desert land designated as wilderness by this title, it

is possible to provide for proper management and protection

118 STAT. 2410 PUBLIC LAW 108–424—NOV. 30, 2004

of the wilderness and other values of lands in ways different from those used in other legislation.

(2) STATUTORY CONSTRUCTION.—Nothing in this title—

(A) shall constitute or be construed to constitute either

an express or implied reservation by the United States

of any water or water rights with respect to the land

designated as wilderness by this title;

(B) shall affect any water rights in the State existing

on the date of the enactment of this Act, including any

water rights held by the United States;

(C) shall be construed as establishing a precedent with

regard to any future wilderness designations;

(D) shall affect the interpretation of, or any designation

made pursuant to, any other Act; or

(E) shall be construed as limiting, altering, modifying,

or amending any of the interstate compacts or equitable

apportionment decrees that apportion water among and

between the State and other States.

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

procedural and substantive requirements of the law of the

State in order to obtain and hold any water rights not in

existence on the date of enactment of this Act with respect

to the wilderness areas designated by this title.

(4) NEW PROJECTS.— (A) WATER RESOURCE FACILITY.—As used in this paragraph, the term ‘‘water resource facility’’—

(i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals,

ditches, pipelines, wells, hydropower projects, and

transmission and other ancillary facilities, and other

water diversion, storage, and carriage structures; and

(ii) does not include wildlife guzzlers.

(B) RESTRICTION ON NEW WATER RESOURCE FACILI- TIES.—Except as otherwise provided in this Act, on and

after the date of the enactment of this Act, neither the

President nor any other officer, employee, or agent of the

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

license or permit for the development of any new water

resource facility within the wilderness areas designated

by this Act.

SEC. 205. ADJACENT MANAGEMENT.

(a) IN GENERAL.—Congress does not intend for the designation

of wilderness in the State pursuant to this title to lead to the

creation of protective perimeters or buffer zones around any such

wilderness area.

(b) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness

activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct

of those activities or uses outside the boundary of the wilderness

area.

SEC. 206. MILITARY OVERFLIGHTS.

Nothing in this title restricts or precludes—

(1) low-level overflights of military aircraft over the areas

designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas;

(2) flight testing and evaluation; or

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2411

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

use airspace, or the establishment of military flight training

routes, over the wilderness areas.

SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this title shall be construed to diminish the rights

of any Indian tribe. Nothing in this title shall be construed to

diminish tribal rights regarding access to Federal land for tribal

activities, including spiritual, cultural, and traditional food-gathering activities.

SEC. 208. RELEASE OF WILDERNESS STUDY AREAS.

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

603 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1782), the public land in the County administered by the

Bureau of Land Management in the following areas has been adequately studied for wilderness designation:

(1) The Table Mountain Wilderness Study Area.

(2) Evergreen A, B, and C Wilderness Study Areas.

(3) Any portion of the wilderness study areas—

(A) not designated as wilderness by section 114(a);

and

(B) depicted as released on—

(i) the map entitled ‘‘Northern Lincoln County

Wilderness Map’’ and dated October 1, 2004;

(ii) the map entitled ‘‘Southern Lincoln County

Wilderness Map’’ and dated October 1, 2004; or

(iii) the map entitled ‘‘Western Lincoln County

Wilderness Map’’ and dated October 1, 2004.

(b) RELEASE.—Any public land described in subsection (a) that

is not designated as wilderness by this title—

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

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));

(2) shall be managed in accordance with—

(A) land management plans adopted under section 202

of that Act (43 U.S.C. 1712); and

(B) existing cooperative conservation agreements; and

(3) shall be subject to the Endangered Species Act of 1973

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

SEC. 209. WILDLIFE MANAGEMENT.

(a) IN GENERAL.—In accordance with section 4(d)(7) of the

Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects

or diminishes the jurisdiction of the State with respect to fish

and wildlife management, including the regulation of hunting,

fishing, and trapping, in the wilderness areas designated by this

title.

(b) MANAGEMENT ACTIVITIES.—In furtherance of the purposes

and principles of the Wilderness Act, management activities to

maintain or restore fish and wildlife populations and the habitats

to support such populations may be carried out within wilderness

areas designated by this title where consistent with relevant wilderness management plans, in accordance with appropriate policies

such as those set forth in Appendix B of House Report 101–405,

including the occasional and temporary use of motorized vehicles,

if such use, as determined by the Secretary, would promote healthy,

viable, and more naturally distributed wildlife populations that

would enhance wilderness values and accomplish those purposes

118 STAT. 2412 PUBLIC LAW 108–424—NOV. 30, 2004

with the minimum impact necessary to reasonably accomplish the

task.

(c) EXISTING ACTIVITIES.—Consistent with section 4(d)(1) of the

Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate policies such as those set forth in Appendix B of House

Report 101–405, the State may continue to use aircraft, including

helicopters, to survey, capture, transplant, monitor, and provide

water for wildlife populations, including bighorn sheep, and feral

stock, horses, and burros.

(d) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to subsection (f), the Secretary shall authorize structures and facilities,

including existing structures and facilities, for wildlife water

development projects, including guzzlers, in the wilderness areas

designated by this Act if—

(1) the structures and facilities will, as determined by

the Secretary, enhance wilderness values by promoting healthy,

viable, and more naturally distributed wildlife populations; and

(2) the visual impacts of the structures and facilities on

the wilderness areas can reasonably be minimized.

(e) HUNTING, FISHING, AND TRAPPING.—In consultation with

the appropriate State agency (except in emergencies), the Secretary

may designate by regulation areas in which, and establish periods

during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will

be permitted in the wilderness areas designated by this Act.

(f) COOPERATIVE AGREEMENT.—The terms and conditions under

which the State, including a designee of the State, may conduct

wildlife management activities in the wilderness areas designated

by this title are specified in the cooperative agreement between

the Secretary and the State, entitled ‘‘Memorandum of Understanding between the Bureau of Land Management and the Nevada

Department of Wildlife Supplement No. 9,’’ and signed November

and December 2003, including any amendments to that document

agreed upon by the Secretary and the State and subject to all

applicable laws and regulations. Any references to Clark County

in that document shall also be deemed to be referred to and shall

apply to Lincoln County, Nevada.

SEC. 210. WILDFIRE MANAGEMENT.

Consistent with section 4 of the Wilderness Act (16 U.S.C.

1133), nothing in this title precludes a Federal, State, or local

agency from conducting wildfire management operations (including

operations using aircraft or mechanized equipment) to manage

wildfires in the wilderness areas designated by this title.

SEC. 211. CLIMATOLOGICAL DATA COLLECTION.

Subject to such terms and conditions as the Secretary may

prescribe, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices

in the wilderness areas designated by this title if the facilities

and access to the facilities are essential to flood warning, flood

control, and water reservoir operation activities.

TITLE III—UTILITY CORRIDORS

SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

(a) UTILITY CORRIDOR.—

Applicability.

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2413

(1) IN GENERAL.—Consistent with title II and notwithstanding sections 202 and 503 of the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1711, 1763), the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall establish on public land a 2,640-foot wide corridor

for utilities in Lincoln County and Clark County, Nevada, as

generally depicted on the map entitled ‘‘Lincoln County Conservation, Recreation, and Development Act’’, and dated October

1, 2004.

(2) AVAILABILITY.—Each map and legal description shall

be on file and available for public inspection in (as appropriate)—

(A) the Office of the Director of the Bureau of Land

Management;

(B) the Office of the Nevada State Director of the

Bureau of Land Management;

(C) the Ely Field Office of the Bureau of Land Management; and

(D) the Caliente Field Station of the Bureau of Land

Management.

(b) RIGHTS-OF-WAY.—

(1) IN GENERAL.—Notwithstanding sections 202 and 503

of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1711, 1763), and subject to valid and existing rights,

the Secretary shall grant to the Southern Nevada Water

Authority and the Lincoln County Water District nonexclusive

rights-of-way to Federal land in Lincoln County and Clark

County, Nevada, for any roads, wells, well fields, pipes, pipelines, pump stations, storage facilities, or other facilities and

systems that are necessary for the construction and operation

of a water conveyance system, as depicted on the map.

(2) APPLICABLE LAW.—A right-of-way granted under paragraph (1) shall be granted in perpetuity and shall not require

the payment of rental.

(3) COMPLIANCE WITH NEPA.—Before granting a right-ofway under paragraph (1), the Secretary shall comply with the

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

et seq.), including the identification and consideration of potential impacts to fish and wildlife resources and habitat.

(c) WITHDRAWAL.—Subject to valid existing rights, the utility

corridors designated by subsection (a) are withdrawn from—

(1) all forms of entry, appropriation, and disposal under

the public land laws;

(2) location, entry, and patent under the mining laws;

and

(3) operation of the mineral leasing and geothermal leasing

laws.

(d) STATE WATER LAW.—Nothing in this title shall—

(1) prejudice the decisions or abrogate the jurisdiction of

the Nevada or Utah State Engineers with respect to the appropriation, permitting, certification, or adjudication of water

rights;

(2) preempt Nevada or Utah State water law; or

(3) limit or supersede existing water rights or interest

in water rights under Nevada or Utah State law.

(e) WATER RESOURCES STUDY.—

118 STAT. 2414 PUBLIC LAW 108–424—NOV. 30, 2004

(1) IN GENERAL.—The Secretary, acting through the United

States Geological Survey, the Desert Research Institute, and

a designee from the State of Utah shall conduct a study to

investigate ground water quantity, quality, and flow characteristics in the deep carbonate and alluvial aquifers of White

Pine County, Nevada, and any groundwater basins that are

located in White Pine County, Nevada, or Lincoln County,

Nevada, and adjacent areas in Utah. The study shall—

(A) focus on a review of existing data and may include

new data;

(B) determine the approximate volume of water stored

in aquifers in those areas;

(C) determine the discharge and recharge characteristics of each aquifer system;

(D) determine the hydrogeologic and other controls that

govern the discharge and recharge of each aquifer system;

and

(E) develop maps at a consistent scale depicting aquifer

systems and the recharge and discharge areas of such

systems.

(2) TIMING; AVAILABILITY.—The Secretary shall complete

a draft of the water resources report required under paragraph

(1) not later than 30 months after the date of the enactment

of this Act. The Secretary shall then make the draft report

available for public comment for a period of not less than

60 days. The final report shall be submitted to the Committee

on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate and

made available to the public not later than 36 months after

the date of the enactment of this Act.

(3) AGREEMENT.—Prior to any transbasin diversion from

ground-water basins located within both the State of Nevada

and the State of Utah, the State of Nevada and the State

of Utah shall reach an agreement regarding the division of

water resources of those interstate ground-water flow system(s)

from which water will be diverted and used by the project.

The agreement shall allow for the maximum sustainable beneficial use of the water resources and protect existing water

rights.

(4) FUNDING.—Section 4(e)(3)(A) of the Southern Nevada

Public Land Management Act of 1998 (112 Stat. 2346; 116

Stat. 2007; 117 Stat. 1317) is amended—

(A) in clauses (ii), (iv), and (v), by striking ‘‘County’’

each place it appears and inserting ‘‘and Lincoln Counties’’;

(B) in clause (vi), by striking ‘‘and’’ at the end;

(C) by redesignating clause (vii) as clause (viii); and

(D) by inserting after clause (vi) the following:

‘‘(vii) for development of a water study for Lincoln

and White Pine Counties, Nevada, in an amount not

to exceed $6,000,000; and’’.

SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS

LOCATED IN CLARK AND LINCOLN COUNTIES IN THE

STATE OF NEVADA.

(a) DEFINITIONS.—In this section:

Utah.

Public

information.

Reports.

Deadlines.

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2415

(1) AGREEMENT.—The term ‘‘Agreement’’ means the land

exchange agreement between Aerojet-General Corporation and

the United States, dated July 14, 1988.

(2) CORRIDOR.—The term ‘‘corridor’’ means—

(A) the right-of-way corridor that is—

(i) identified in section 5(b)(1) of the NevadaFlorida Land Exchange Authorization Act of 1988 (102

Stat. 55); and

(ii) described in section 14(a) of the Agreement;

(B) such portion of the utility corridor identified in

the 1988 Las Vegas Resource Management Plan located

south of the boundary of the corridor described in subparagraph (A) as is necessary to relocate the right-of-way corridor to the area described in subsection (c)(2); and

(C) such portion of the utility corridor identified in

the 2000 Caliente Management Framework Plan Amendment located north of the boundary of the corridor described

in subparagraph (A) as is necessary to relocate the rightof-way corridor to the area described in subsection (c)(2).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(b) RELINQUISHMENT AND FAIR MARKET VALUE.—

(1) IN GENERAL.—The Secretary shall, in accordance with

this section, relinquish all right, title, and interest of the United

States in and to the corridor on receipt of a payment in an

amount equal to the fair market value of the corridor (plus

any costs relating to the right-of-way relocation described in

this title).

(2) FAIR MARKET VALUE.—

(A) The fair market value of the corridor shall be

equal to the amount by which the value of the discount

described in the 1988 appraisal of the corridor that was

applied to the land underlying the corridor has increased,

as determined by the Secretary using the multiplier determined under subparagraph (B).

(B) Not later than 60 days after the date of the enactment of this Act, the Appraisal Services Directorate of

the Department of the Interior shall determine an appropriate multiplier to reflect the change in the value of the

land underlying the corridor between—

(i) the date of which the corridor was transferred

in accordance with the Agreement; and

(ii) the date of enactment of this Act.

(3) PROCEEDS.—Proceeds under this subsection shall be

deposited in the account established under section 103(b)(3).

(c) RELOCATION.—

(1) IN GENERAL.—The Secretary shall relocate to the area

described in paragraph (2), the portion of IDI–26446 and UTU–

73363 identified as NVN–49781 that is located in the corridor

relinquished under subsection (b)(1).

(2) DESCRIPTION OF AREA.—The area referred to in paragraph (1) is the area located on public land west of United

States Route 93.

(3) REQUIREMENTS.—The relocation under paragraph (1)

shall be conducted in a manner that—

(A) minimizes engineering design changes; and

Deadline.

118 STAT. 2416 PUBLIC LAW 108–424—NOV. 30, 2004

(B) maintains a gradual and smooth interconnection

of the corridor with the area described in paragraph (2).

(4) AUTHORIZED USES.—The Secretary may authorize the

location of any above ground or underground utility facility,

transmission lines, gas pipelines, natural gas pipelines, fiber

optics, telecommunications, water lines, wells (including monitoring wells), cable television, and any related appurtenances

in the area described in paragraph (1).

(d) EFFECT.—The relocation of the corridor under this section

shall not require the Secretary to update the 1998 Las Vegas

Valley Resource Management Plan or the 2000 Caliente Management Framework Plan Amendment.

(e) WAIVER OF CERTAIN REQUIREMENTS.—The Secretary shall

waive the requirements of the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1701 et seq.) that would otherwise be

applicable to the holders of the right-of-way corridor described

in subsection (a)(2)(A) with respect to an amendment to the legal

description of the right-of-way corridor.

TITLE IV—SILVER STATE OFF-HIGHWAY

VEHICLE TRAIL

SEC. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

(a) DEFINITIONS.—In this section:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Lincoln

County Conservation, Recreation and Development Act Map’’

and dated October 1, 2004.

(3) TRAIL.—The term ‘‘Trail’’ means the system of trails

designated in subsection (b) as the Silver State Off-Highway

Vehicle Trail.

(b) DESIGNATION.—The trails that are generally depicted on

the Map are hereby designated as the ‘‘Silver State Off-Highway

Vehicle Trail’’.

(c) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall manage the Trail

in a manner that—

(A) is consistent with motorized and mechanized use

of the Trail that is authorized on the date of the enactment

of this Act pursuant to applicable Federal and State laws

and regulations;

(B) ensures the safety of the people who use the Trail;

and

(C) does not damage sensitive habitat or cultural

resources.

(2) MANAGEMENT PLAN.— (A) IN GENERAL.—Not later than 3 years after the

date of the enactment of this Act, the Secretary, in consultation with the State, the County, and any other interested

persons, shall complete a management plan for the Trail.

(B) COMPONENTS.—The management plan shall—

(i) describe the appropriate uses and management

of the Trail;

(ii) authorize the use of motorized and mechanized

vehicles on the Trail; and

Deadline.

16 USC 1244

note.

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2417

(iii) describe actions carried out to periodically

evaluate and manage the appropriate levels of use

and location of the Trail to minimize environmental

impacts and prevent damage to cultural resources from

the use of the Trail.

(3) MONITORING AND EVALUATION.— (A) ANNUAL ASSESSMENT.—The Secretary shall

annually assess the effects of the use of off-highway

vehicles on the Trail and, in consultation with the Nevada

Division of Wildlife, assess the effects of the Trail on wildlife and wildlife habitat to minimize environmental impacts

and prevent damage to cultural resources from the use

of the Trail.

(B) CLOSURE.—The Secretary, in consultation with the

State and the County, may temporarily close or permanently reroute, subject to subparagraph (C), a portion of

the Trail if the Secretary determines that—

(i) the Trail is having an adverse impact on—

(I) natural resources; or

(II) cultural resources;

(ii) the Trail threatens public safety;

(iii) closure of the Trail is necessary to repair

damage to the Trail; or

(iv) closure of the Trail is necessary to repair

resource damage.

(C) REROUTING.—Portions of the Trail that are temporarily closed may be permanently rerouted along existing

roads and trails on public lands currently open to motorized

use if the Secretary determines that such rerouting will

not significantly increase or decrease the length of the

Trail.

(D) NOTICE.—The Secretary shall provide information

to the public regarding any routes on the Trail that are

closed under subparagraph (B), including by providing

appropriate signage along the Trail.

(4) NOTICE OF OPEN ROUTES.—The Secretary shall ensure

that visitors to the Trail have access to adequate notice

regarding the routes on the Trail that are open through use

of appropriate signage along the Trail and through the distribution of maps, safety education materials, and other information

considered appropriate by the Secretary.

(d) NO EFFECT ON NON-FEDERAL LAND AND INTERESTS IN

LAND.—Nothing in this section shall be construed to affect ownership, management, or other rights related to non-Federal land

or interests in land.

(e) MAP ON FILE.—The Map shall be kept on file at the appropriate offices of the Secretary.

TITLE V—OPEN SPACE PARKS

SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY,

NEVADA.

(a) CONVEYANCE.—Notwithstanding sections 202 and 203 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1171, 1712), not later than 1 year after lands are identified by

the County, the Secretary shall convey to the County, subject to

Deadline.

118 STAT. 2418 PUBLIC LAW 108–424—NOV. 30, 2004

valid existing rights, for no consideration, all right, title, and

interest of the United States in and to the parcels of land described

in subsection (b).

(b) DESCRIPTION OF LAND.—Up to 15,000 acres of Bureau of

Land Management-managed public land in Lincoln County identified by the county in consultation with the Bureau of Land Management.

(c) COSTS.—Any costs relating to any conveyance under subsection (a), including costs for surveys and other administrative

costs, shall be paid by the County, or in accordance with section

103(b)(2) of this Act.

(d) USE OF LAND.—

(1) IN GENERAL.—Any parcel of land conveyed to the County

under subsection (a) shall be used only for—

(A) the conservation of natural resources; or

(B) public parks.

(2) FACILITIES.—Any facility on a parcel of land conveyed

under subsection (a) shall be constructed and managed in a

manner consistent with the uses described in paragraph (1).

(e) REVERSION.—If a parcel of land conveyed under subsection

(a) is used in a manner that is inconsistent with the uses specified

in subsection (d), the parcel of land shall, at the discretion of

the Secretary, revert to the United States.

SEC. 502. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

(a) CONVEYANCE.—Notwithstanding section 202 of the Federal

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

Secretary shall convey to the State of Nevada, subject to valid

existing rights, for no consideration, all right, title, and interest

of the United States in and to the parcels of land described in

subsection (b), if there is a written agreement between the State

and Lincoln County, Nevada, supporting such a conveyance.

(b) DESCRIPTION OF LAND.—The parcels of land referred to

in subsection (a) are the parcels of land depicted as ‘‘NV St. Park

Expansion Proposal’’ on the map entitled ‘‘Lincoln County Conservation, Recreation, and Development Act Map’’ and dated October

1, 2004.

(c) COSTS.—Any costs relating to any conveyance under subsection (a), including costs for surveys and other administrative

costs, shall be paid by the State.

(d) USE OF LAND.—

(1) IN GENERAL.—Any parcel of land conveyed to the State

under subsection (a) shall be used only for—

(A) the conservation of natural resources; or

(B) public parks.

(2) FACILITIES.—Any facility on a parcel of land conveyed

under subsection (a) shall be constructed and managed in a

manner consistent with the uses described in paragraph (1).

(e) REVERSION.—If a parcel of land conveyed under subsection

(a) is used in a manner that is inconsistent with the uses specified

in subsection (d), the parcel of land shall, at the discretion of

the Secretary, revert to the United States.

PUBLIC LAW 108–424—NOV. 30, 2004 118 STAT. 2419

LEGISLATIVE HISTORY—H.R. 4593:

HOUSE REPORTS: No. 108–720 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 4, considered and passed House.

Nov. 10, considered and passed Senate, amended.

Nov. 17, House concurred in Senate amendment.

Æ

TITLE VI—JURISDICTION TRANSFER

SEC. 601. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN

THE FISH AND WILDLIFE SERVICE AND THE BUREAU OF

LAND MANAGEMENT.

(a) IN GENERAL.—Administrative jurisdiction over the land

described in subsection (b) is transferred from the United States

Bureau of Land Management to the United States Fish and Wildlife

Service for inclusion in the Desert National Wildlife Range and

the administrative jurisdiction over the land described in subsection

(c) is transferred from the United States Fish and Wildlife Service

to the United States Bureau of Land Management.

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

subsection (a) is the approximately 8,503 acres of land administered

by the United States Bureau of Land Management as generally

depicted on the map entitled ‘‘Lincoln County Conservation, Recreation, and Development Act Map’’ and identified as ‘‘Lands to

be transferred to the Fish and Wildlife Service’’ and dated October

1, 2004.

(c) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (a) is the approximately 8,382 acres of land administered

by the United States Fish and Wildlife Service as generally depicted

on the map entitled ‘‘Lincoln County Conservation, Recreation, and

Development Act Map’’ and identified as ‘‘Lands to be transferred

to the Bureau of Land Management’’ and dated October 1, 2004.

(d) AVAILABILITY.—Each map and legal description shall be

on file and available for public inspection in (as appropriate)—

(1) the Office of the Director of the Bureau of Land Management;

(2) the Office of the Nevada State Director of the Bureau

of Land Management;

(3) the Ely Field Station of the Bureau of Land Management;

(4) the Caliente Field Office of the Bureau of Land Management;

(5) the Office of the Director of the United States Fish

and Wildlife Service; and

(6) the Office of the Desert National Wildlife Complex.

Approved November 30, 2004.

16 USC 668dd

note.