II 

118TH CONGRESS 

2D SESSION S. 4848 

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

sensible development in Pershing County, Nevada, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2024 

Ms. ROSEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To promote conservation, improve public land management, 

and provide for sensible development in Pershing County, 

Nevada, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Pershing County Economic Development and Conserva6 tion Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—CHECKERBOARD LAND RESOLUTION 

Sec. 101. Findings. 

Sec. 102. Definitions. 

Sec. 103. Sale or exchange of eligible land. 

Sec. 104. Sale of encumbered land. 

Sec. 105. Disposition of proceeds. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Additions to the National Wilderness Preservation System. 

Sec. 202. Administration. 

Sec. 203. Wildlife management. 

Sec. 204. Release of wilderness study areas. 

Sec. 205. Native American cultural and religious uses. 

TITLE III—TRIBAL TRUST LAND 

Sec. 301. Transfer of land to be held in trust for the Lovelock Paiute Tribe. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means Per4 shing County, Nevada. 

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

6 the Secretary of the Interior. 

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

8 of Nevada. 

9 (4) WILDERNESS AREA.—The term ‘‘wilderness 

10 area’’ means a wilderness area designated by section 

11 201(a). 

12 TITLE I—CHECKERBOARD LAND 

13 RESOLUTION 

14 SEC. 101. FINDINGS. 

15 Congress finds that— 

16 (1) since the passage of the Act of July 1, 1862 

17 (12 Stat. 489, chapter 120) (commonly known as 


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1 the ‘‘Pacific Railway Act of 1862’’), under which 

2 railroad land grants along the Union Pacific Rail3 road right-of-way created a checkerboard land pat4 tern of alternating public land and privately owned 

5 land, management of the land in the checkerboard 

6 area has been a constant source of frustration for 

7 the County government, private landholders in the 

8 County, and the Federal Government; 

9 (2) management of Federal land in the checker10 board area has been costly and difficult for the Fed11 eral land management agencies, creating a disincen12 tive to manage the land effectively; 

13 (3) parcels of land within the checkerboard area 

14 in the County will not vary significantly in appraised 

15 value by acre due to the similarity of highest and 

16 best use in the County; and 

17 (4) consolidation of appropriate land within the 

18 checkerboard area through sales and exchanges for 

19 development and Federal management will— 

20 (A) help improve the tax base of the Coun21 ty; and 

22 (B) simplify management for the Federal 

23 Government. 

24 SEC. 102. DEFINITIONS. 

25 In this title: 


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1 (1) ELIGIBLE LAND.—The term ‘‘eligible land’’ 

2 means any land administered by the Director of the 

3 Bureau of Land Management— 

4 (A) that is within the area identified on 

5 the Map that is designated for disposal by the 

6 Secretary through— 

7 (i) the Winnemucca Consolidated Re8 source Management Plan; or 

9 (ii) any subsequent amendment or re10 vision to the management plan that is un11 dertaken with full public involvement; and 

12 (B) that is not encumbered land. 

13 (2) ENCUMBERED LAND.—The term ‘‘encum14 bered land’’ means any land administered by the Di15 rector of the Bureau of Land Management within 

16 the area identified on the Map that is encumbered 

17 by mining claims, millsites, or tunnel sites. 

18 (3) MAP.—The term ‘‘Map’’ means the map en19 titled ‘‘Pershing County Checkerboard Lands Reso20 lution’’ and dated July 8, 2024. 

21 (4) QUALIFIED ENTITY.—The term ‘‘qualified 

22 entity’’ means, with respect to a portion of encum23 bered land— 

24 (A) the owner of a mining claim, millsite, 

25 or tunnel site located on a portion of the enVerDate Sep 11 2014 03:08 Aug 28, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4848.IS S4848

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1 cumbered land on the date of enactment of this 

2 Act; and 

3 (B) a successor in interest of an owner de4 scribed in subparagraph (A). 

5 SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND. 

6 (a) AUTHORIZATION OF CONVEYANCE.—Notwith7 standing sections 202, 203, 206, and 209 of the Federal 

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

9 1712, 1713, 1716, 1719), as soon as practicable after the 

10 date of enactment of this Act, the Secretary, in accordance 

11 with this Act and any other applicable law and subject 

12 to valid existing rights, shall conduct sales or exchanges 

13 of the eligible land as depicted on the Map. 

14 (b) JOINT SELECTION REQUIRED.—After providing 

15 public notice, the Secretary and the County shall jointly 

16 select parcels of eligible land to be offered for sale or ex17 change under subsection (a). 

18 (c) METHOD OF SALE.—A sale of eligible land under 

19 subsection (a) shall be— 

20 (1) consistent with subsections (d) and (f) of 

21 section 203 of the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1713); 

23 (2) conducted through a competitive bidding 

24 process, under which adjoining landowners are of25 fered the first option, unless the Secretary deterVerDate Sep 11 2014 03:08 Aug 28, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4848.IS S4848

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1 mines there are suitable and qualified buyers that 

2 are not adjoining landowners; and 

3 (3) for not less than fair market value, based 

4 on an appraisal in accordance with the Uniform 

5 Standards of Professional Appraisal Practice and 

6 this Act. 

7 (d) LAND EXCHANGES.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act and subject to the 

10 joint selection requirements under subsection (b), 

11 the Secretary shall offer to exchange all eligible land 

12 under this section for private land. 

13 (2) ADJACENT LAND.—To the extent prac14 ticable, the Secretary shall seek to enter into agree15 ments with one or more owners of private land adja16 cent to the eligible land for the exchange of the pri17 vate land for the eligible land, if the Secretary deter18 mines that the exchange would consolidate Federal 

19 land ownership and facilitate improved Federal land 

20 management. 

21 (3) PRIORITY LAND EXCHANGES.—In acquiring 

22 private land under this subsection, the Secretary 

23 shall give priority to the acquisition of private land 

24 in higher-value natural resource areas in the County. 

25 (e) MASS APPRAISALS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, and every 5 years 

3 thereafter, the Secretary shall— 

4 (A) conduct a mass appraisal of eligible 

5 land to be sold or exchanged under this section; 

6 (B) prepare an evaluation analysis for each 

7 land transaction under this section; and 

8 (C) make available to the public the results 

9 of the mass appraisals conducted under sub10 paragraph (A). 

11 (2) USE.—The Secretary may use mass ap12 praisals and evaluation analyses conducted under 

13 paragraph (1) to facilitate exchanges of eligible land 

14 for private land. 

15 (f) DEADLINE FOR SALE OR EXCHANGE; EXCLU16 SIONS.— 

17 (1) DEADLINE.—Not later than 90 days after 

18 the date on which the eligible land is jointly selected 

19 under subsection (b), the Secretary shall offer for 

20 sale or exchange the parcels of eligible land jointly 

21 selected under that subsection. 

22 (2) POSTPONEMENT OR EXCLUSION.—The Sec23 retary or the County may postpone, or exclude from, 

24 a sale or exchange of all or a portion of the eligible 


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1 land jointly selected under subsection (b) for emer2 gency ecological or safety reasons. 

3 (g) WITHDRAWAL.— 

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

5 rights and mining claims, millsites, and tunnel sites, 

6 effective on the date on which a parcel of eligible 

7 land is jointly selected under subsection (b) for sale 

8 or exchange, that parcel is withdrawn from— 

9 (A) all forms of entry and appropriation 

10 under the public land laws, including the min11 ing laws; 

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

13 mining laws; and 

14 (C) operation of the mineral leasing and 

15 geothermal leasing laws. 

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

17 of eligible land under paragraph (1) shall termi18 nate— 

19 (A) on the date of sale or, in the case of 

20 exchange, the conveyance of title of the parcel 

21 of eligible land under this section; or 

22 (B) with respect to any parcel of eligible 

23 land selected for sale or exchange under sub24 section (b) that is not sold or exchanged, not 

25 later than 2 years after the date on which the 


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1 parcel was offered for sale or exchange under 

2 this section. 

3 (h) MAPS AND LEGAL DESCRIPTIONS.— 

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

5 the date of enactment of this Act, the Secretary 

6 shall finalize maps and legal descriptions of the par7 cels of eligible land to be sold or exchanged under 

8 this section. 

9 (2) AVAILABILITY.—The maps and legal de10 scriptions finalized under paragraph (1) shall be on 

11 file and available for public inspection in appropriate 

12 offices of the Bureau of Land Management. 

13 (3) CORRECTIONS.—The Secretary and the 

14 County may, by mutual agreement— 

15 (A) make minor boundary adjustments to 

16 the eligible land to be sold or exchanged under 

17 this section; and 

18 (B) correct any minor errors, including 

19 clerical and typographical errors, on the Map or 

20 any maps, acreage estimates, or legal descrip21 tions finalized under this subsection. 

22 SEC. 104. SALE OF ENCUMBERED LAND. 

23 (a) AUTHORIZATION OF CONVEYANCE.—Notwith24 standing sections 202, 203, 206, and 209 of the Federal 

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


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1 1712, 1713, 1716, 1719), not later than 90 days after 

2 the date of enactment of this Act and subject to valid ex3 isting rights held by third parties, the Secretary shall offer 

4 to convey to qualified entities, for fair market value, the 

5 remaining right, title, and interest of the United States, 

6 in and to the encumbered land as depicted on the Map. 

7 (b) COSTS OF SALES TO QUALIFIED ENTITIES.—As 

8 a condition of each conveyance of encumbered land under 

9 this section, the qualified entity shall pay all costs related 

10 to the conveyance of the encumbered land, including the 

11 costs of surveys and other administrative costs associated 

12 with the conveyance. 

13 (c) OFFER TO CONVEY.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date on which the Secretary receives a fair 

16 market offer from a qualified entity for the convey17 ance of encumbered land, the Secretary shall accept 

18 the fair market value offer. 

19 (2) APPRAISAL.—Fair market value of the in20 terest of the United States in and to encumbered 

21 land shall be determined by an appraisal conducted 

22 in accordance with the Uniform Standards of Pro23 fessional Appraisal Practice. 

24 (d) CONVEYANCE.—Not later than 180 days after the 

25 date of acceptance by the Secretary of an offer from a 


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1 qualified entity under subsection (c)(1) and completion of 

2 a sale for all or part of the applicable portion of encum3 bered land to the qualified entity, the Secretary, by deliv4 ery of an appropriate deed, patent, or other valid instru5 ment of conveyance, shall convey to the qualified entity 

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

7 in and to the applicable portion of the encumbered land. 

8 (e) MERGER.—Subject to valid existing rights held 

9 by third parties, on delivery of the instrument of convey10 ance to the qualified entity under subsection (d), the prior 

11 interests in the locatable minerals and the right to use 

12 the surface for mineral purposes held by the qualified enti13 ty under a mining claim, millsite, tunnel site, or any other 

14 Federal land use authorization applicable to the encum15 bered land included in the instrument of conveyance, shall 

16 merge with all right, title, and interest conveyed to the 

17 qualified entity by the United States under this section 

18 to ensure that the qualified entity receives fee simple title 

19 to the purchased encumbered land. 

20 SEC. 105. DISPOSITION OF PROCEEDS. 

21 (a) DISPOSITION OF PROCEEDS.—Of the proceeds 

22 from the sale of land under this title— 

23 (1) 5 percent shall be disbursed to the State for 

24 use in the general education program of the State; 


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

2 for use as determined through normal County budg3 eting procedures; and 

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

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

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

7 which shall be available to the Secretary, in con8 sultation with the County, for— 

9 (A) the acquisition of land from willing 

10 sellers (including interests in land) in the Coun11 ty— 

12 (i) within a wilderness area; 

13 (ii) that protects other environ14 mentally significant land; 

15 (iii) that secures public access to Fed16 eral land for hunting, fishing, and other 

17 recreational purposes; or 

18 (iv) that improves management of 

19 Federal land within the area identified as 

20 ‘‘Checkerboard Lands Resolution Area’’ on 

21 the Map; and 

22 (B) the reimbursement of costs incurred by 

23 the Secretary in preparing for the sale or ex24 change of land under this title. 


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1 (b) INVESTMENT OF SPECIAL ACCOUNT.—Any 

2 amounts deposited in the special account established 

3 under subsection (a)(3)— 

4 (1) shall earn interest in an amount determined 

5 by the Secretary of the Treasury, based on the cur6 rent average market yield on outstanding marketable 

7 obligations of the United States of comparable ma8 turities; and 

9 (2) may be expended by the Secretary in ac10 cordance with this section. 

11 (c) REPORTS.— 

12 (1) IN GENERAL.—Not later than September 

13 30 of the fifth fiscal year after the date of enact14 ment of this Act, and every 5 fiscal years thereafter, 

15 the Secretary shall submit to the State, the County, 

16 and the appropriate committees of Congress a report 

17 on the operation of the special account established 

18 under subsection (a)(3) for the preceding 5 fiscal 

19 years. 

20 (2) CONTENTS.—Each report submitted under 

21 paragraph (1) shall include, for the fiscal year cov22 ered by the report— 

23 (A) a statement of the amounts deposited 

24 into the special account; 


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1 (B) a description of the expenditures made 

2 from the special account for the fiscal year, in3 cluding the purpose of the expenditures; 

4 (C) recommendations for additional au5 thorities to fulfill the purpose of the special ac6 count; and 

7 (D) a statement of the balance remaining 

8 in the special account at the end of the fiscal 

9 year. 

10 TITLE II—WILDERNESS AREAS 

11 SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS 

12 PRESERVATION SYSTEM. 

13 (a) ADDITIONS.—In accordance with the Wilderness 

14 Act (16 U.S.C. 1131 et seq.), the following parcels of Fed15 eral land in the State are designated as wilderness and 

16 as components of the National Wilderness Preservation 

17 System: 

18 (1) CAIN MOUNTAIN WILDERNESS ADDITION.— 

19 Certain Federal land managed by the Bureau of 

20 Land Management, comprising approximately 

21 12,339 acres, as generally depicted on the map enti22 tled ‘‘Proposed Cain Mountain Wilderness’’ and 

23 dated July 8, 2024, which is incorporated in, and 

24 considered to be a part of, the Cain Mountain Wil25 derness designated by sections 2905(b)(1)(C) and 


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1 2932(a)(1) of the James M. Inhofe National De2 fense Authorization Act for Fiscal Year 2023 (Pub3 lic Law 117–263; 136 Stat. 3040; 136 Stat. 3048). 

4 (2) BLUEWING WILDERNESS.—Certain Federal 

5 land managed by the Bureau of Land Management, 

6 comprising approximately 24,900 acres, as generally 

7 depicted on the map entitled ‘‘Proposed Bluewing 

8 Wilderness’’ and dated July 8, 2024, which shall be 

9 known as the ‘‘Bluewing Wilderness’’. 

10 (3) SELENITE PEAK WILDERNESS.—Certain 

11 Federal land managed by the Bureau of Land Man12 agement, comprising approximately 22,822 acres, as 

13 generally depicted on the map entitled ‘‘Proposed 

14 Selenite Peak Wilderness’’ and dated July 8, 2024, 

15 which shall be known as the ‘‘Selenite Peak Wilder16 ness’’. 

17 (4) MOUNT LIMBO WILDERNESS.—Certain Fed18 eral land managed by the Bureau of Land Manage19 ment, comprising approximately 11,855 acres, as 

20 generally depicted on the map entitled ‘‘Proposed 

21 Mt. Limbo Wilderness’’ and dated July 8, 2024, 

22 which shall be known as the ‘‘Mount Limbo Wilder23 ness’’. 

24 (5) NORTH SAHWAVE WILDERNESS.—Certain 

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1 agement, comprising approximately 13,875 acres, as 

2 generally depicted on the map entitled ‘‘Proposed 

3 North Sahwave Wilderness’’ and dated July 8, 2024, 

4 which shall be known as the ‘‘North Sahwave Wil5 derness’’. 

6 (6) GRANDFATHERS WILDERNESS.—Certain 

7 Federal land managed by the Bureau of Land Man8 agement, comprising approximately 35,339 acres, as 

9 generally depicted on the map entitled ‘‘Proposed 

10 Grandfathers Wilderness’’ and dated July 8, 2024, 

11 which shall be known as the ‘‘Grandfathers Wilder12 ness’’. 

13 (7) FENCEMAKER WILDERNESS.—Certain Fed14 eral land managed by the Bureau of Land Manage15 ment, comprising approximately 14,942 acres, as 

16 generally depicted on the map entitled ‘‘Proposed 

17 Fencemaker Wilderness’’ and dated July 8, 2024, 

18 which shall be known as the ‘‘Fencemaker Wilder19 ness’’. 

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

21 wilderness area that is bordered by a road shall be 100 

22 feet from the centerline of the road. 

23 (c) MAP AND LEGAL DESCRIPTION.— 

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

25 the date of enactment of this Act, the Secretary 


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1 shall file a map and legal description of each wilder2 ness area. 

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

4 prepared under paragraph (1) shall have the same 

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

6 that the Secretary may correct clerical and typo7 graphical errors in the map or legal description. 

8 (3) AVAILABILITY.—Each map and legal de9 scription prepared under paragraph (1) shall be on 

10 file and available for public inspection in the appro11 priate offices of the Bureau of Land Management. 

12 (4) WITHDRAWAL.—Subject to valid existing 

13 rights, the wilderness areas designated by subsection 

14 (a) are withdrawn from— 

15 (A) all forms of entry, appropriation, and 

16 disposal under the public land laws; 

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

18 mining laws; and 

19 (C) disposition under all laws relating to 

20 mineral and geothermal leasing or mineral ma21 terials. 

22 SEC. 202. ADMINISTRATION. 

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

24 the wilderness areas shall be administered by the Sec25 retary in accordance with the Wilderness Act (16 U.S.C. 


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1 1131 et seq.), except that with respect to the wilderness 

2 areas— 

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

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

5 of enactment of this Act; and 

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

7 of Agriculture shall be considered to be a reference 

8 to the Secretary. 

9 (b) LIVESTOCK.—The grazing of livestock in the wil10 derness areas, if established before the date of enactment 

11 of this Act, shall be allowed to continue, subject to such 

12 reasonable regulations, policies, and practices as the Sec13 retary considers to be necessary in accordance with— 

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

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

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

17 the report of the Committee on Interior and Insular 

18 Affairs of the House of Representatives accom19 panying H.R. 2570 of the 101st Congress (House 

20 Report 101–405). 

21 (c) INCORPORATION OF ACQUIRED LAND AND INTER22 ESTS.—Any land or interest in land within the boundary 

23 of a wilderness area that is acquired by the United States 

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

25 and administered as part of the wilderness area. 


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1 (d) ADJACENT MANAGEMENT.— 

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

3 the designation of the wilderness areas to create pro4 tective perimeters or buffer zones around the wilder5 ness areas. 

6 (2) NONWILDERNESS ACTIVITIES.—The fact 

7 that nonwilderness activities or uses can be seen or 

8 heard from areas within a wilderness area shall not 

9 preclude the conduct of those activities or uses out10 side the boundary of the wilderness area. 

11 (e) MILITARY OVERFLIGHTS.—Nothing in this title 

12 restricts or precludes— 

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

14 the wilderness areas, including military overflights 

15 that can be seen or heard within the wilderness 

16 areas; 

17 (2) flight testing and evaluation; or 

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

19 special use airspace, or the establishment of military 

20 flight training routes, over the wilderness areas. 

21 (f) WILDFIRE, INSECT, AND DISEASE MANAGE22 MENT.—In accordance with section 4(d)(1) of the Wilder23 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 

24 such measures in the wilderness areas as are necessary 

25 for the control of fire, insects, and diseases (including, as 


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1 the Secretary determines to be appropriate, the coordina2 tion of the activities with a State or local agency). 

3 (g) CLIMATOLOGICAL DATA COLLECTION.—In ac4 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

5 and subject to such terms and conditions as the Secretary 

6 may prescribe, the Secretary may authorize the installa7 tion and maintenance of hydrologic, meteorologic, or cli8 matological data collection devices in the wilderness areas 

9 if the Secretary determines that the facilities and access 

10 to the facilities are essential to flood warning, flood con11 trol, or water reservoir operation activities. 

12 (h) WATER RIGHTS.— 

13 (1) FINDINGS.—Congress finds that— 

14 (A) the wilderness areas are located— 

15 (i) in the semiarid region of the Great 

16 Basin; and 

17 (ii) at the headwaters of the streams 

18 and rivers on land with respect to which 

19 there are few, if any— 

20 (I) actual or proposed water re21 source facilities located upstream; and 

22 (II) opportunities for diversion, 

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1 versely affect the wilderness values of 

2 the land; 

3 (B) the wilderness areas are generally not 

4 suitable for use or development of new water re5 source facilities; and 

6 (C) because of the unique nature of the 

7 wilderness areas, it is possible to provide for 

8 proper management and protection of the wil9 derness and other values of land in ways dif10 ferent from those used in other laws. 

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

12 to protect the wilderness values of the wilderness 

13 areas by means other than a federally reserved water 

14 right. 

15 (3) STATUTORY CONSTRUCTION.—Nothing in 

16 this title— 

17 (A) constitutes an express or implied res18 ervation by the United States of any water or 

19 water rights with respect to the wilderness 

20 areas; 

21 (B) affects any water rights in the State 

22 (including any water rights held by the United 

23 States) in existence on the date of enactment of 

24 this Act; 


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1 (C) establishes a precedent with regard to 

2 any future wilderness designations; 

3 (D) affects the interpretation of, or any 

4 designation made under, any other Act; or 

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

6 interstate compact or equitable apportionment 

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

9 (4) NEVADA WATER LAW.—The Secretary shall 

10 follow the procedural and substantive requirements 

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

12 rights not in existence on the date of enactment of 

13 this Act with respect to the wilderness areas. 

14 (5) NEW PROJECTS.— 

15 (A) DEFINITION OF WATER RESOURCE FA16 CILITY.— 

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

18 the term ‘‘water resource facility’’ means 

19 irrigation and pumping facilities, res20 ervoirs, water conservation works, aque21 ducts, canals, ditches, pipelines, wells, hy22 dropower projects, transmission and other 

23 ancillary facilities, and other water diver24 sion, storage, and carriage structures. 


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1 (ii) EXCLUSION.—In this paragraph, 

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

3 include wildlife guzzlers. 

4 (B) RESTRICTION ON NEW WATER RE5 SOURCE FACILITIES.—Except as otherwise pro6 vided in this Act, on and after the date of en7 actment of this Act, neither the President nor 

8 any other officer, employee, or agent of the 

9 United States shall fund, assist, authorize, or 

10 issue a license or permit for the development of 

11 any new water resource facility within the wil12 derness areas. 

13 (i) TEMPORARY TELECOMMUNICATIONS DEVICE.— 

14 (1) IN GENERAL.—Nothing in this title pre15 vents the placement of a temporary telecommuni16 cations device for law enforcement or agency admin17 istrative purposes in the Selenite Peak Wilderness in 

18 accordance with paragraph (2). 

19 (2) ADDITIONAL REQUIREMENTS.—Any tem20 porary telecommunications device authorized by the 

21 Secretary under paragraph (1) shall— 

22 (A) be carried out in accordance with— 

23 (i) the Wilderness Act (16 U.S.C. 

24 1131 et seq.); and 


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1 (ii) all other applicable laws (including 

2 regulations); 

3 (B) to the maximum practicable, be located 

4 in such a manner as to minimize impacts on the 

5 recreational and other wilderness values of the 

6 area; and 

7 (C) be for a period of not longer than 7 

8 years. 

9 SEC. 203. WILDLIFE MANAGEMENT. 

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

11 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

12 nothing in this title affects or diminishes the jurisdiction 

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

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

15 in the wilderness areas. 

16 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

17 the purposes and principles of the Wilderness Act (16 

18 U.S.C. 1131 et seq.), the Secretary may conduct any man19 agement activities in the wilderness areas that are nec20 essary to maintain or restore fish and wildlife populations 

21 and the habitats to support the populations, if the activi22 ties are carried out— 

23 (1) consistent with relevant wilderness manage24 ment plans; and 

25 (2) in accordance with— 


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

2 seq.); and 

3 (B) appropriate policies, such as those set 

4 forth in Appendix B of the report of the Com5 mittee on Interior and Insular Affairs of the 

6 House of Representatives accompanying H.R. 

7 2570 of the 101st Congress (House Report 

8 101–405), including noxious weed treatment 

9 and the occasional and temporary use of motor10 ized vehicles if the use, as determined by the 

11 Secretary, would promote healthy, viable, and 

12 more naturally distributed wildlife populations 

13 that would enhance wilderness values with the 

14 minimal impact necessary to reasonably accom15 plish those tasks. 

16 (c) EXISTING ACTIVITIES.—In accordance with sec17 tion 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) 

18 and in accordance with appropriate policies such as those 

19 set forth in Appendix B of the Committee on Interior and 

20 Insular Affairs of the House of Representatives accom21 panying H.R. 2570 of the 101st Congress (House Report 

22 101–405), the State may continue to use aircraft, includ23 ing helicopters, to survey, capture, transplant, monitor, 

24 and provide water for wildlife populations. 


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1 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

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

3 structures and facilities, including existing structures and 

4 facilities, for wildlife water development projects, including 

5 guzzlers, in the wilderness areas if— 

6 (1) the structures and facilities will, as deter7 mined by the Secretary, enhance wilderness values 

8 by promoting healthy, viable, and more naturally 

9 distributed wildlife populations; and 

10 (2) the visual impacts of the structures and fa11 cilities on the wilderness areas can reasonably be 

12 minimized. 

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

14 (1) IN GENERAL.—The Secretary may des15 ignate areas in which, and establish periods during 

16 which, for reasons of public safety, administration, 

17 or compliance with applicable laws, no hunting, fish18 ing, or trapping will be permitted in the wilderness 

19 areas. 

20 (2) CONSULTATION.—Except in emergencies, 

21 the Secretary shall consult with the appropriate 

22 State agency and notify the public before taking any 

23 action under paragraph (1). 

24 (f) COOPERATIVE AGREEMENT.— 


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1 (1) IN GENERAL.—The State, including a des2 ignee of the State, may conduct wildlife management 

3 activities in the wilderness areas— 

4 (A) in accordance with the terms and con5 ditions specified in the cooperative agreement 

6 between the Secretary and the State entitled 

7 ‘‘Memorandum of Understanding between the 

8 Bureau of Land Management and the Nevada 

9 Department of Wildlife Supplement No. 9’’ and 

10 signed November and December 2003, includ11 ing any amendments to the cooperative agree12 ment agreed to by the Secretary and the State; 

13 and 

14 (B) subject to all applicable laws (including 

15 regulations). 

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

17 purposes of this subsection, any references to Clark 

18 County in the cooperative agreement described in 

19 paragraph (1)(A) shall be considered to be a ref20 erence to the wilderness areas. 

21 SEC. 204. RELEASE OF WILDERNESS STUDY AREAS. 

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

23 of section 603(c) of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

25 48,600 acres of public land in the portions of the China 


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1 Mountain, Mt. Limbo, Selenite Mountains, and Tobin 

2 Range wilderness study areas that have not been des3 ignated as wilderness by subsection (a) of section 201 and 

4 the portion of the Augusta Mountains wilderness study 

5 area within the County that has not been designated as 

6 wilderness by that subsection have been adequately stud7 ied for wilderness designation. 

8 (b) RELEASE.—The public land described in sub9 section (a)— 

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

11 Federal Land Policy and Management Act of 1976 

12 (43 U.S.C. 1782(c)); and 

13 (2) shall be managed in accordance with the ap14 plicable land use plans adopted under section 202 of 

15 the Federal Land Policy and Management Act of 

16 1976 (43 U.S.C. 1712). 

17 SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

18 USES. 

19 (a) IN GENERAL.—Nothing in this title alters or di20 minishes the treaty rights of any Indian Tribe (as defined 

21 in section 4 of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 5304)). 

23 (b) CULTURAL USES.—Nothing in this title precludes 

24 the traditional collection of pine nuts in a wilderness area 


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1 for personal, noncommercial use consistent with the Wil2 derness Act (16 U.S.C. 1131 et seq.). 

3 TITLE III—TRIBAL TRUST LAND 

4 SEC. 301. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

5 THE LOVELOCK PAIUTE TRIBE. 

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

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

8 to the land described in subsection (b) shall be— 

9 (1) held in trust by the United States for the 

10 benefit of the Lovelock Paiute Tribe; and 

11 (2) part of the reservation of the Lovelock Pai12 ute Tribe. 

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

14 subsection (a) is the approximately 10 acres of land ad15 ministered by the Bureau of Land Management in the 

16 State, as depicted on the map prepared under subsection 

17 (d). 

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

19 of enactment of this Act, the Secretary shall complete a 

20 survey to establish the boundaries of the land taken into 

21 trust under subsection (a). 

22 (d) MAP.—As soon as practicable after the date on 

23 which the Secretary completes the survey under subsection 

24 (c), the Secretary shall prepare a map that depicts the 

25 boundaries of the land established under that subsection. 


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1 (e) GAMING PROHIBITED.—The land taken into trust 

2 under subsection (a) shall not be eligible, or considered 

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

4 III gaming (as those terms are defined in section 4 of the 

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

Æ 


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