Calendar No. 101

103D CONGRESS

1ST SESSION H. R. 63

[Report No. 103–63]

AN ACT

To establish the Spring Mountains National

Recreation Area in Nevada, and for other purposes.

JUNE 22, 1993

Reported with amendments
II

Calendar No. 101

103D CONGRESS

1ST SESSION H. R. 63

[Report No. 103–63]

To establish the Spring Mountains National Recreation Area in Nevada,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 21 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

JUNE 22, 1993

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

To establish the Spring Mountains National Recreation Area

in 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.

4 This Act may be cited as the ‘‘Spring Mountains Na5 tional Recreation Area Act’’.
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1 SEC. 2. DEFINITIONS.

2 As used in this Act:

3 (1) NATIONAL FOREST LANDS.—The term ‘‘Na4 tional Forest lands’’ means lands included in the

5 National Forest System (as defined in section 11(a)

6 of the Forest and Rangeland Renewable Resources

7 Planning Act of 1974 (16 U.S.C. 1609(a))).

8 (2) RECREATION AREA.—The term ‘‘Recreation

9 Area’’ means the Spring Mountains National Recre10 ation Area established by this Act.

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

12 the Secretary of Agriculture.

13 SEC. 3. PURPOSES.

14 The purposes of this Act are to—

15 (1) preserve scenic, scientific, historic, cultural,

16 natural, wilderness, watershed, riparian, wildlife,

17 threatened and endangered species, and other values

18 contributing to public enjoyment and biological di19 versity in the Spring Mountains of Nevada;

20 (2) ensure appropriate conservation and man21 agement of natural and recreation resources in the

22 Spring Mountains; and

23 (3) provide for the development of public recre24 ation opportunities in the Spring Mountains for the

25 enjoyment of present and future generations.
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1 SEC. 4. ESTABLISHMENT OF RECREATION AREA.

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

3 there is established the Spring Mountains National Recre4 ation Area in Nevada.

5 (b) BOUNDARIES AND MAP.—The Recreation Area

6 shall consist of approximately 316,000 acres of federally

7 owned lands and waters interests therein in the Toiyabe

8 National Forest, as generally depicted on a map entitled

9 ‘‘Spring Mountain National Recreation Area—Proposed’’,

10 numbered NV–CH, and dated August 2, 1992.

11 (c) MAP FILING.—As soon as practicable after the

12 date of enactment of this Act, the Secretary shall file a

13 map of the Recreation Area with the Committee on En14 ergy and Natural Resources of the Senate and the Com15 mittee on Natural Resources of the House of Representa16 tives.

17 (d) PUBLIC INSPECTION.—The map shall be on file

18 and available for public inspection in the offices of the

19 Chief of the Forest Service, Department of Agriculture.

20 (e) DISCREPANCIES.—In the case of any discrepancy

21 between or among the acreage referred to in subsection

22 (b) and the map described in subsection (b), the map de23 scribed in subsection (b) shall control any question con24 cerning the boundaries of the Recreation Area.
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1 SEC. 5. MANAGEMENT.

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

3 Chief of the Forest Service, shall manage the Recreation

4 Area in accordance with the laws, rules, and regulations

5 pertaining to the National Forest System and this Act to

6 provide for—

7 (1) the conservation of scenic, scientific, his8 toric, cultural, and other values contributing to pub9 lic enjoyment;

10 (2) the conservation of fish and wildlife popu11 lations and habitat, including the use of prescribed

12 fire to improve or maintain habitat;

13 (3) the protection of watersheds and the main14 tenance of free flowing streams and the quality of

15 ground and surface waters in accordance with appli16 cable Federal and State law;

17 (4) public outdoor recreation benefits, includ18 ing, but not limited to, hunting, fishing, trapping,

19 hiking, horseback riding, backpacking, rock climb20 ing, camping, and nature study;

21 (5) wilderness areas as designated by Congress;

22 and

23 (6) the management, utilization, and disposal of

24 the management and use of natural resources in a

25 manner compatible with the purposes for which the

26 Recreation Area is established.
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1 (b) HUNTING, TRAPPING, AND FISHING.—

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

3 the Secretary shall permit hunting, trapping, fishing,

4 and habitat management within the Recreation Area

5 in accordance with the laws of the United States and

6 the State of Nevada.

7 (2) EXCEPTIONS.—The Secretary, after in con8 sultation with the Nevada Department of Wildlife,

9 may designate zones where and periods when hunt10 ing, trapping, or fishing shall not be permitted for

11 reasons of public safety, administration, or public

12 use and enjoyment.

13 (c) GRAZING.—The grazing of livestock on Federal

14 lands may be permitted to continue pursuant to Federal

15 law and subject to such reasonable regulations, policies,

16 and practices as the Secretary considers necessary.

17 (d) PREVENTIVE MEASURES.—Nothing in this Act

18 shall preclude such reasonable measures as the Secretary

19 considers necessary to protect the land and resources from

20 fire or insect or disease infestation in the Recreation Area.

21 SEC. 6. MANAGEMENT PLAN.

22 (a) IN GENERAL.—

23 (1) PROCEDURES.—Not later than 3 full fiscal

24 years after the date of enactment of this Act, the

25 Secretary shall develop a general management plan
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1 for the Recreation Area as an amendment to the

2 Toiyabe National Forest Land and Resource Man3 agement Plan. Such an amendment shall reflect the

4 establishment of the Recreation Area and conform to

5 be consistent with the provisions of this Act, except

6 that nothing in this Act shall require the Secretary

7 to revise the Toiyabe National Forest Land and Re8 source Management Plan pursuant to section 6 of

9 the Forest and Rangeland Renewable Resources

10 Planning Act of 1974. The provisions of the national

11 forest land and resource management plan relating

12 to the Recreation Area shall also be available to the

13 public in a document separate from the rest of the

14 forest plan.

15 (2) CONTENTS.—The management plan de16 scribed in paragraph (1) shall be developed with full

17 public participation and shall include—

18 (A) implementation plans for a continuing

19 program of interpretation and public education

20 about the resources and values of the Recre21 ation Area;

22 (B) proposals for public facilities to be de23 veloped, expanded, or improved for the Recre24 ation Area, including one or more visitor cen-
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1 ters to accommodate both local and out-of-State

2 visitors;

3 (C) plans for the management of natural

4 and cultural resources in the Recreation Area,

5 with emphasis on the preservation and long6 term scientific use of archaeological resources,

7 with priority in development given to the en8 forcement of the Archaeological Resources Pro9 tection Act of 1979 (16 U.S.C. 470aa et seq.)

10 and the National Historic Preservation Act (16

11 U.S.C. 470 et seq.) within the Recreation Area;

12 (D) wildlife and fish resource management

13 plans for the Recreation Area prepared in con14 sultation with appropriate departments of the

15 State of Nevada and using other available stud16 ies of the Recreation Area;

17 (E) recreation management plans for the

18 Recreation Area in consultation with appro19 priate departments of the State of Nevada;

20 (F) wild horse and burro herd manage21 ment plans for the Recreation Area prepared in

22 consultation with appropriate departments and

23 commissions of the State of Nevada; and

24 (G) an inventory of all lands within the

25 Recreation Area not presently managed as Na-
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1 tional Forest lands that will permit the Sec2 retary to evaluate possible future acquisitions.

3 (3) CONSULTATION.—The plans for the man4 agement of natural and cultural resources described

5 in paragraph (2)(C) shall be prepared in consulta6 tion with the Advisory Council on Historic Preserva7 tion established by title II of the National Historic

8 Preservation Act (16 U.S.C. 470i et seq.) and the

9 Nevada State Department of Conservation and Nat10 ural Resources, Division of Historic Preservation

11 and Archaeology.

12 (b) WILDERNESS STUDY AREAS.—

13 (1) RECOMMENDATIONS.—The general manage14 ment plan for the Recreation Area shall include the

15 recommendations of the Bureau of Land Manage16 ment as to the suitability or nonsuitability for pres17 ervation as wilderness of the 89,270 acres those

18 lands within the Recreation Area identified as the

19 Mt. Stirling, La Madre Mountains, and Pine Creek

20 Wilderness Study Areas on the Bureau of Land

21 Management Wilderness Status Map, dated March

22 1990.

23 (2) MANAGEMENT.—Pending submission of a

24 recommendation and until otherwise directed by Act

25 of Congress, the Secretary, acting through the Chief
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1 of the Forest Service, shall manage the lands and

2 waters within the wilderness study areas referred to

3 in paragraph (1) so as to maintain their potential

4 for inclusion within the National Wilderness Preser5 vation System.

6 SEC. 7. ACQUISITION OF LANDS.

7 (a) IN GENERAL.—The Secretary is authorized to ac8 quire by donation, purchase with donated or appropriated

9 funds, exchange, bequest, or otherwise any lands, or lesser

10 interests therein, including mineral interests, water rights,

11 and scenic easements, which the Secretary determines are

12 needed for the purposes of this Act.

13 (a) IN GENERAL.—The Secretary is authorized to ac14 quire lands and interests therein within the boundaries of

15 the Recreation Area by donation, purchase with donated or

16 appropriated funds, exchange, or transfer from another

17 Federal agency, except that such lands or interests owned

18 by the State of Nevada or a political subdivison thereof may

19 be acquired only by donation or exchange.

20 (b) INCORPORATION OF ACQUIRED LANDS.—Any

21 lands, waters, or interests in lands or waters or interests

22 therein located within the Recreation Area that are ac23 quired by the United States or administratively trans24 ferred to the Secretary after the date of enactment of this

25 Act shall be incorporated into the Recreation Area and
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1 managed in accordance with the laws, rules, and regula2 tions applicable to the National Forest System and the

3 provisions of this Act.

4 (c) LAND AND WATER CONSERVATION FUND.—For

5 purposes of section 7 of the Land and Water Conservation

6 Fund Act of 1965 (16 U.S.C. 460l–9), where such bound7 aries are established for units of the National Forest Sys8 tem, such established boundaries shall be treated as if they

9 were the boundaries of the National Forests as of January

10 1, 1965. Money appropriated from the Land and Water

11 Conservation Fund shall be available for the acquisition

12 of lands, waters, and interests lands and interests therein

13 in furtherance of the purposes of this Act.

14 SEC. 8. WITHDRAWAL.

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

16 and except for lands described in subsection (b), all Fed17 eral lands within the Recreation Area and all lands, wa18 ters, and interests in lands and waters within the Recre19 ation Area that are acquired by the United States after

20 the date of enactment of this Act are withdrawn from—

21 are withdrawn from—

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

23 under the public land laws;

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

25 laws; and
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1 (3) operation under the mineral leasing and

2 geothermal leasing laws.

3 (b) EXCEPTION.—The lands referred to in subsection

4 (a) are described as follows:

W1⁄2E1⁄2 and W1 5 ⁄2, Sec. 27, T23S, R58E, Mt.

6 Diablo Meridian.

7 SEC. 9. COORDINATED MANAGEMENT.

8 The Secretary shall coordinate the management of

9 the Recreation Area with the management of all proximate

10 lands in a manner that best meets the present and future

11 needs of the people of the United States.

12 SEC. 10. 9. COOPERATIVE AGREEMENTS.

13 In order to encourage unified and cost-effective man14 agement and interpretation of natural and cultural re15 sources in southern Nevada, the Secretary may enter into

16 cooperative agreements with other Federal, State, and

17 local agencies, and with nonprofit entities, that provide for

18 the management and interpretation of natural and cul19 tural resources in southern Nevada.

20 SEC. 11. 10. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated such sums

22 as may be necessary to carry out this Act.

Passed the House of Representatives April 20, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.