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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1263 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1263

 To establish a wilderness area, promote conservation, improve public 
 land, and provide for sensible development in Douglas County, Nevada, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2013

 Mr. Heller (for himself and Mr. Reid) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To establish a wilderness area, promote conservation, improve public 
 land, and provide for sensible development in Douglas 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Douglas County 
Conservation Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                        TITLE I--WILDERNESS AREA

Sec. 101. Findings.
Sec. 102. Addition to National Wilderness Preservation System.
Sec. 103. Administration.
Sec. 104. Fish and wildlife management.
Sec. 105. Release of wilderness study area.
Sec. 106. Native American cultural and religious uses.
                  TITLE II--TRIBAL CULTURAL RESOURCES

Sec. 201. Transfer of land to be held in trust for the Washoe Tribe.
Sec. 202. Cooperative management agreement.
                     TITLE III--PUBLIC CONVEYANCES

Sec. 301. Conveyance to the State of Nevada.
Sec. 302. Concessionaires at the Round Hill Pines Management Area and 
                            Dreyfus Estate Management Area.
Sec. 303. Transfer of administrative jurisdiction from the Forest 
                            Service to the State, county, or local 
                            government for public purposes.
Sec. 304. Conveyance and lease to Douglas County, Nevada.
Sec. 305. Sale of certain Federal land.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Douglas County, 
        Nevada.
            (2) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to National Forest System land, 
                the Secretary of Agriculture. acting through the Chief 
                of the Forest Service; and
                    (B) with respect to land managed by the Bureau of 
                Land Management, including land held for the benefit of 
                the Tribe, the Secretary of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Tribe.--The term ``Tribe'' means the Washoe Tribe of 
        Nevada and California.
            (6) Wilderness.--The term ``Wilderness'' means the Burbank 
        Canyon Wilderness designated by section 102(a).

                        TITLE I--WILDERNESS AREA

SEC. 101. 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 resources 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. 102. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the approximately 12,330 acres of Federal 
land managed by the Bureau of Land Management, as generally depicted on 
the map entitled ``Proposed Burbank Canyon Wilderness'' and dated June 
26, 2013, is designated as wilderness and as a component of the 
National Wilderness Preservation System, to be known as the ``Burbank 
Canyons Wilderness''.
    (b) Boundary.--The boundary of any portion of the Wilderness that 
is bordered by a road shall be at least 100 feet from the edge of the 
road to allow public access.
    (c) National Landscape Conservation System.--The Wilderness shall 
be administered as a component of the National Landscape Conservation 
System.
    (d) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary concerned shall prepare a 
        map and legal description of the Wilderness.
            (2) Effect.--The map and legal description prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct any minor error in the map or legal description.
            (3) Availability.--A copy of the map and legal description 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Bureau of 
        Land Management.
    (e) Withdrawal.--Subject to valid existing rights, the Wilderness 
is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.

SEC. 103. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, the Wilderness 
shall be administered by the Secretary concerned in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in 
that Act--
            (1) to the effective date shall be considered to be a 
        reference to the date of enactment of this Act; and
            (2) to the Secretary of Agriculture shall be considered to 
        be a reference to the Secretary of the Interior.
    (b) Livestock.--Within the Wilderness, the grazing of livestock in 
areas administered by the Bureau of Land Management 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 as the Secretary concerned considers to be necessary in 
accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the report of 
        the Committee on Interior and Insular Affairs of the House of 
        Representatives accompanying H.R. 2570 of the 101st Congress 
        (House Report 101-405).
    (c) Incorporation of Acquired Land and Interests.--Any land or 
interest in land within the boundaries of the Wilderness that is 
acquired by the United States after the date of enactment of this Act 
shall be added to and administered as part of the Wilderness.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the Wilderness to create a protective perimeter 
        or buffer zone around the Wilderness.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within the 
        Wilderness shall not preclude the conduct of the activities or 
        uses outside the boundary of the Wilderness.
    (e) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        Wilderness, including military overflights that can be seen or 
        heard within the wilderness area;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the Wilderness.
    (f) Existing Airstrips.--Nothing in this Act restricts or precludes 
low-level overflights by aircraft utilizing airstrips in existence on 
the date of enactment of this Act that are located within 5 miles of 
the proposed boundary of the Wilderness.
    (g) Wildfire, Insect, and Disease Management.--In accordance with 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 
Secretary concerned may take any measures in the Wilderness that the 
Secretary concerned determines to be necessary to control fire, 
insects, and diseases, subject to such terms and conditions as the 
Secretary concerned determines to be necessary.
    (h) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the Wilderness is located--
                            (i) in the semiarid region of the Great 
                        Basin; and
                            (ii) at the headwaters of the streams and 
                        rivers on land with respect to which there are 
                        few, if any--
                                    (I) actual or proposed water 
                                resource facilities located upstream; 
                                and
                                    (II) opportunities for diversion, 
                                storage, or other uses of water 
                                occurring outside the land that would 
                                adversely affect the wilderness values 
                                of the land;
                    (B) the Wilderness is generally not suitable for 
                use or development of new water resource facilities; 
                and
                    (C) because of the unique nature of the Wilderness, 
                it is possible to provide for proper management and 
                protection of the wilderness and other values of land 
                in ways different from those used in other laws.
            (2) Purpose.--The purpose of this section is to protect the 
        wilderness values of the Wilderness by means other than a 
        federally reserved water right.
            (3) Statutory construction.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                by the United States of any water or water rights with 
                respect to the Wilderness;
                    (B) affects any water rights in the State 
                (including any water rights held by the United States) 
                in existence on the date of enactment of this Act;
                    (C) establishes a precedent with regard to any 
                future wilderness designations;
                    (D) affects the interpretation of, or any 
                designation made under, any other Act; or
                    (E) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (4) Nevada water law.--The Secretary concerned shall follow 
        the procedural and substantive requirements of State law so as 
        to obtain and hold any water rights not in existence on the 
        date of enactment of this Act with respect to the Wilderness.
            (5) New projects.--
                    (A) Definition of water resource facility.--
                            (i) In general.--In this paragraph, the 
                        term ``water resource facility'' means 
                        irrigation and pumping facilities, reservoirs, 
                        water conservation works, aqueducts, canals, 
                        ditches, pipelines, wells, hydropower projects, 
                        transmission and other ancillary facilities, 
                        and other water diversion, storage, and 
                        carriage structures.
                            (ii) Exclusion.--The term ``water resource 
                        facility'' does not include wildlife guzzlers.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this Act, on or after 
                the date of 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 any wilderness area, 
                including a portion of a wilderness area, that is 
                located in the County.

SEC. 104. FISH AND 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 Act 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.
    (b) Management Activities.--In furtherance of the purposes and 
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the 
Secretary concerned may conduct any management activities in the 
Wilderness that are necessary to maintain or restore fish and wildlife 
populations and the habitats to support those populations, if the 
activities are carried out--
            (1) in a manner that is consistent with relevant wilderness 
        management plans; and
            (2) in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (B) appropriate policies, such as those set forth 
                in Appendix B of the report of the Committee on 
                Interior and Insular Affairs of the House of 
                Representatives accompanying H.R. 2570 of the 101st 
                Congress (House Report 101-405), including the 
                occasional and temporary use of motorized vehicles if 
                the use, as determined by the Secretary concerned, 
                would promote healthy, viable, and more naturally 
                distributed wildlife populations that would enhance 
                wilderness values with the minimal impact necessary to 
                reasonably accomplish those tasks.
    (c) Existing Activities.--Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with 
appropriate policies such as those set forth in Appendix B of the 
report of the Committee on Interior and Insular Affairs of the House of 
Representatives accompanying H.R. 2570 of the 101st Congress (House 
Report 101-405), the State may continue to use aircraft, including 
helicopters, to survey, capture, transplant, monitor, and provide water 
for wildlife populations in the Wilderness.
    (d) Hunting, Fishing, and Trapping.--
            (1) In general.--The Secretary concerned may designate 
        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.
            (2) Consultation.--Except in emergencies, the Secretary 
        concerned shall consult with the appropriate State agency and 
        notify the public before making any designation under paragraph 
        (1).
    (e) Cooperative Agreement.--
            (1) In general.--The State may conduct wildlife management 
        activities in the Wilderness--
                    (A) in accordance with the terms and conditions 
                specified in the cooperative agreement between the 
                Secretary of the Interior 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 the cooperative 
                agreement agreed to by the Secretary of the Interior 
                and the State; and
                    (B) subject to all applicable laws (including 
                regulations).
            (2) References; clark county.--For the purposes of this 
        subsection, any reference to Clark County in the cooperative 
        agreement described in paragraph (1)(A) shall be considered to 
        be a reference to the Wilderness.

SEC. 105. RELEASE OF WILDERNESS STUDY AREA.

    (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 Bureau of Land Management land in any portion of the Burbank 
Canyons Wilderness study area not designated as wilderness by section 
102 has been adequately studied for wilderness designation.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this Act--
            (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)); and
            (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) cooperative conservation agreements in 
                existence on the date of enactment of this Act.

SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title diminishes--
            (1) the rights of any Indian tribe; or
            (2) tribal rights regarding access to Federal land for 
        tribal activities, including spiritual, cultural, and 
        traditional food-gathering activities.

                  TITLE II--TRIBAL CULTURAL RESOURCES

SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the land described in subsection (b)--
            (1) shall be held in trust by the United States for the 
        benefit of the Tribe; and
            (2) shall be part of the reservation of the Tribe.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the approximately 1,178 acres of land, as generally 
depicted on the Map as ``To Washoe Tribe''.
    (c) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Secretary concerned shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).

SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT.

    (a) In General.--The Secretary of Agriculture, in consultation with 
the Tribe and County, shall develop and implement a cooperative 
management agreement for the land described in subsection (b)--
            (1) to preserve cultural resources;
            (2) to ensure regular access by members of the Tribe and 
        the community across National Forest System land for cultural 
        and religious purposes; and
            (3) to protect recreational uses.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the approximately 1,811 acres of land, as generally 
depicted on the Map as ``Cooperative Management Area''.

                     TITLE III--PUBLIC CONVEYANCES

SEC. 301. 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 
concerned shall convey to the State, subject to valid existing rights, 
for no consideration, all right, title, and interest of the United 
States in and to the land described in subsection (b).
    (b) Description of Land.--The land referred to in subsection (a) is 
the approximately 67 acres of Forest Service land, as generally 
depicted on the Map as ``Lake Tahoe-Nevada State Park''.
    (c) Costs.--Any costs relating to the 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 land conveyed to the State under 
        subsection (a) shall be used only for--
                    (A) the conservation of wildlife or natural 
                resources; or
                    (B) a public park.
            (2) Facilities.--Any facility on the land conveyed under 
        subsection (a) shall be constructed and managed in a manner 
        consistent with the uses described in paragraph (1).
    (e) Reversion.--If any portion of the land conveyed under 
subsection (a) is used in a manner that is inconsistent with the uses 
described in subsection (d), that land shall, at the discretion of the 
Secretary concerned, revert to the United States.

SEC. 302. CONCESSIONAIRES AT THE ROUND HILL PINES MANAGEMENT AREA AND 
              DREYFUS ESTATE MANAGEMENT AREA.

    (a) Prospectus.--Subject to subsection (b), not later than 60 days 
after the date of enactment of this Act, the Secretary of Agriculture 
shall make publicly available a prospectus to solicit one or more 
concessionaires for--
            (1) the approximately 200 acres of land as generally 
        depicted on the Map as ``Round Hill Pines Resort''; and
            (2) the approximately 416 acres of land as generally 
        depicted on the Map as ``Zephyr Shoals''.
    (b) Exclusions.--
            (1) Special use permits.--This section shall not apply to 
        any land or portion of land described in subsection (a) for 
        which a concessionaire has a contract to operate under a 
        special use permit issued before the date of enactment of this 
        Act.
            (2) Prior prospectuses.--This section shall not apply to 
        any land or portion of land described in subsection (a) for 
        which the Secretary of Agriculture has made publicly available 
        before the date of enactment of this Act a prospectus for that 
        land or portion of land.
    (c) Consultation.--In carrying out this section, the Secretary of 
Agriculture shall consult with the Tribe, the County, the State, and 
other interested parties--
            (1) to satisfy any requirement under section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332); and
            (2) to prepare for the orderly and smooth transition of the 
        operation of the land described in subsection (a) to one or 
        more concessionaires.
    (d) Treatment of Proceeds.--Any fees received under a concession 
contract under this section shall remain available to the Forest 
Service, until expended, without further appropriations, for use within 
the Lake Tahoe Basin Management Unit under the authorities provided by 
the Act of April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
(64 Stat. 82, chapter 97).
    (e) Administrative Jurisdiction Transfer.--
            (1) In general.--If the Secretary of Agriculture has not 
        entered into a concession contract for the land described in 
        subsection (a) by the date that is 2 years after the date on 
        which the prospectus is published under that subsection, 
        consistent with section 3(a) of Public Law 96-586 (94 Stat. 
        3383) (commonly known as the ``Santini-Burton Act''), the 
        Secretary of Agriculture shall transfer to the County, without 
        consideration, administrative jurisdiction of that land for a 
        period of 99 years.
            (2) Exception.--If the Secretary of Agriculture has taken 
        steps to enter into a concession contract for the land 
        described in subsection (a), including substantial completion 
        of any requirement under section 102 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332), the transfer 
        of administrative jurisdiction under paragraph (1) shall not 
        take place unless the Secretary of Agriculture has not entered 
        into a concession contract by the date that is 30 months after 
        the date on which the prospectus is published under subsection 
        (a).
            (3) Costs.--Any costs relating to a transfer under 
        paragraph (1), including any costs for surveys and other 
        administrative costs, shall be paid by the Secretary of 
        Agriculture.
            (4) Use of land.--Any property transferred to the County 
        under paragraph (1) shall--
                    (A) be managed by the County--
                            (i) to maintain undeveloped open space;
                            (ii) to preserve the natural 
                        characteristics of the land in perpetuity; and
                            (iii) to protect and enhance water quality, 
                        stream environment zones, and important 
                        wildlife habitat; and
                    (B) be used for diverse recreation opportunities or 
                other public purposes consistent with the Act of June 
                14, 1926 (commonly known as the ``Recreation and Public 
                Purposes Act'') (43 U.S.C. 869 et seq.).
            (5) Reversion.--If any land or portion of land transferred 
        under this section is used in a manner that is inconsistent 
        with this section, the parcel of land shall, at the discretion 
        of the Secretary of Agriculture, revert to the United States.

SEC. 303. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST 
              SERVICE TO THE STATE, COUNTY, OR UNIT OF LOCAL GOVERNMENT 
              FOR PUBLIC PURPOSES.

    (a) In General.--Consistent with section 3(b) of Public Law 96-586 
(commonly known as the ``Santini-Burton Act'') (94 Stat. 3384), on 
request by the State or County, the Secretary may transfer the land or 
interests in land described in subsection (b) to the State, County, or 
applicable unit of local government without consideration, subject to 
appropriate deed restrictions to protect the environmental quality and 
public recreational use of the land transferred.
    (b) Description of Land.--The land referred to in subsection (a) is 
any Forest Service land that is within the boundaries of the area 
subject to acquisition that is unsuitable for Forest Service 
administration or necessary for a public purpose, as depicted on the 
map entitled ``Douglas County Conservation Act of 2013'' and dated June 
27, 2013.
    (c) Use of Land.--The land transferred under subsection (a) shall--
            (1) be managed by the State, County, or unit of local 
        government to maintain undeveloped open space and to preserve 
        the natural characteristics of the transferred land in 
        perpetuity;
            (2) be managed by the State, County, or unit of local 
        government to protect and enhance water quality, stream 
        environment zones, and important wildlife habitat; and
            (3) be used by the State, County, or unit of local 
        government for recreation or other public purposes consistent 
        with the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
        seq.).
    (d) Reversion.--If a parcel of land transferred under subsection 
(a) is used in a manner that is inconsistent with the use described for 
the parcel of land in subsection (c), the parcel of land shall, at the 
discretion of the Secretary, revert to the United States.
    (e) Legal Description and Map.--As soon as practicable after the 
date of enactment of this Act, the Secretary concerned shall prepare a 
map and legal description of the land transferred under subsection (a).

SEC. 304. CONVEYANCE AND LEASE TO DOUGLAS COUNTY, NEVADA.

    (a) Definition of Map.--In this section and section 305, the term 
``Map'' means the map entitled ``Douglas County, Nevada'' and dated 
March 1, 2012.
    (b) Authorization of Conveyance.--Notwithstanding section 202 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), 
the Secretary concerned shall--
            (1) convey to the County, without consideration, all right, 
        title, and interest of the United States in and to the land 
        described in subsection (b); and
            (2) lease to the County, without consideration, the 
        approximately 5,232 acres of land identified on the Map as 
        ``BLM Flood Control''.
    (c) Description of Land.--The land referred to in subsection (b)(1) 
consists of--
            (1) the approximately 5,441 acres of land as generally 
        depicted on the Map as ``Flood Control and Management'';
            (2) the approximately 45 acres of land as generally 
        depicted on the Map as ``Water Resource Infrastructure'';
            (3) the approximately 2,263 acres of land as generally 
        depicted on the Map as ``Recreation and Public Purposes''; and
            (4) the approximately 815 acres of land as generally 
        depicted on the Map as Forest Service recreation parcels.
    (d) Costs.--Any costs relating to the conveyance under subsection 
(b)(1), including any costs for surveys and other administrative costs, 
shall be paid by the Secretary of the Interior.
    (e) Use of Land.--
            (1) Flood control and management area.--
                    (A) In general.--The land described in subsection 
                (c)(1) shall be managed by the County for--
                            (i) any infrastructure project required for 
                        municipal water and flood management 
                        activities;
                            (ii) fuels reduction projects;
                            (iii) recreation, including the 
                        construction of trails and trailhead 
                        facilities;
                            (iv) the use of motorized vehicles on 
                        designated roads, trails, and areas;
                            (v) undeveloped open space, customary 
                        agricultural practices, wildlife protection; 
                        and
                            (vi) the preservation of the natural 
                        characteristics of the land, in perpetuity.
                    (B) Reversion.--If the land described in subsection 
                (c)(1) is used in a manner that is inconsistent with 
                the uses described in this paragraph, the land shall, 
                at the discretion of the Secretary concerned, revert to 
                the United States.
            (2) Water resource infrastructure.--
                    (A) In general.--The land described in subsection 
                (c)(2) shall be managed by the County for--
                            (i) any infrastructure project required for 
                        municipal water and flood management 
                        activities;
                            (ii) fuels reduction projects;
                            (iii) passive recreation;
                            (iv) undeveloped open space and wildlife 
                        protection; and
                            (v) the preservation of the natural 
                        characteristics of the land, in perpetuity.
                    (B) Reversion.--If the land described in subsection 
                (c)(2) is used in a manner that is inconsistent with 
                the uses described in this paragraph, the land shall, 
                at the discretion of the Secretary concerned, revert to 
                the United States.
            (3) Recreation and public purposes.--
                    (A) In general.--The land described in subsection 
                (c)(3) shall be managed by the County for--
                            (i) undeveloped open space; and
                            (ii) recreation or other public purposes 
                        consistent with the Act of June 14, 1926 
                        (commonly known as the ``Recreation and Public 
                        Purposes Act'') (43 U.S.C. 869 et seq.).
                    (B) Reversion.--If the land described in subsection 
                (c)(3) is used in a manner that is inconsistent with 
                the uses described in this paragraph, the land shall, 
                at the discretion of the Secretary concerned, revert to 
                the United States.
            (4) Forest service recreation.--
                    (A) In general.--The land described in subsection 
                (c)(4) shall be managed by the County for--
                            (i) undeveloped open space;
                            (ii) customary agricultural practices;
                            (iii) wildlife protection; and
                            (iv) the preservation of the natural 
                        characteristics of the land, in perpetuity.
                    (B) Reversion.--If the land described in subsection 
                (c)(4) is used in a manner that is inconsistent with 
                the uses described in this paragraph, the land shall, 
                at the discretion of the Secretary concerned, revert to 
                the United States.

SEC. 305. SALE OF CERTAIN FEDERAL LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
the Secretary concerned shall, in accordance with the other provisions 
of that Act and any other applicable law, and subject to valid existing 
rights, conduct one or more sales of the Federal land described in 
subsection (b) to qualified bidders.
    (b) Description of Land.--The Federal land referred to in 
subsection (a) consists of--
            (1) the approximately 287 acres of public lands as 
        generally depicted on the Map as ``BLM Lands for Conveyance''; 
        and
            (2) not more than 10,000 acres of land in the County that--
                    (A) is not segregated or withdrawn on or after the 
                date of enactment of this Act, unless the land is 
                withdrawn in accordance with subsection (g); and
                    (B) is identified for disposal by the Secretary 
                concerned through--
                            (i) the Carson City Consolidated Resource 
                        Management Plan; or
                            (ii) any subsequent amendment to the 
                        management plan that is undertaken with full 
                        public involvement.
    (c) Joint Selection Required.--The Secretary concerned and the 
County shall jointly select which Federal land described in subsection 
(b)(2) to offer for sale under subsection (a).
    (d) Compliance With Local Planning and Zoning Laws.--Before 
carrying out a sale of Federal land under subsection (a), the County 
shall submit to the Secretary concerned a certification that qualified 
bidders have agreed to comply with--
            (1) County zoning ordinances; and
            (2) any master plan for the area approved by the County.
    (e) Method of Sale; Consideration.--The sale of Federal land under 
subsection (a) shall be--
            (1) through a competitive bidding process, unless otherwise 
        determined by the Secretary concerned; and
            (2) for not less than fair market value.
    (f) Recreation and Public Purposes Act Conveyances.--
            (1) In general.--Not later than 30 days before any land 
        described in subsection (b)(2)(B) is offered for sale under 
        subsection (a), the State or County may elect to obtain the 
        land for public purposes in accordance with the Act of June 14, 
        1926 (commonly known as the ``Recreation and Public Purposes 
        Act'') (43 U.S.C. 869 et seq.).
            (2) Retention.--Pursuant to an election made under 
        paragraph (1), the Secretary concerned shall retain the elected 
        land for conveyance to the State or County in accordance with 
        the Act of June 14, 1926 (commonly known as the ``Recreation 
        and Public Purposes Act'') (43 U.S.C. 869 et seq.).
    (g) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), the Federal land described 
        in subsection (b) is withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws and mining laws;
                    (B) location and patent under mining laws; and
                    (C) operation of the mineral laws, geothermal 
                leasing laws, and mineral material laws.
            (2) Exception.--Paragraph (1)(A) shall not apply to a sale 
        made consistent with this section or an election by the County 
        or the State to obtain the land described in subsection (b) for 
        public purposes under the Act of June 14, 1926 (commonly known 
        as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 
        et seq.).
    (h) Deadline for Sale.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date of enactment of this Act, if 
        there is a qualified bidder for the land described in 
        subsection (b), the Secretary concerned shall offer the land 
        for sale to the qualified bidder.
            (2) Postponement; exclusion from sale.--At the request of 
        the County, the Secretary concerned may temporarily postpone or 
        exclude from the sale all or a portion of the land described in 
        subsection (b).
    (i) Disposition of Proceeds.--
            (1) In general.--Of the proceeds from the sale of land 
        under this section--
                    (A) 5 percent shall be disbursed to the State for 
                use by the State for general education programs of the 
                State;
                    (B) 10 percent shall be disbursed to the County for 
                use by the County to implement the County Open Space 
                and Agricultural Implementation Plan; and
                    (C) 85 percent shall be deposited in a special 
                account in the Treasury of the United States, to be 
                known as the ``Douglas County Special Account'', which 
                shall be available to the Secretary concerned until 
                expended, without further appropriation--
                            (i) to reimburse costs incurred by the 
                        Secretary concerned in preparing for the sale 
                        of the land described in subsection (b), 
                        including--
                                    (I) the costs of surveys and 
                                appraisals; and
                                    (II) compliance with the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.) and sections 202 
                                and 203 of the Federal Land Policy and 
                                Management Act of 1976 (43 U.S.C. 1712, 
                                1713);
                            (ii) to reimburse costs incurred by the 
                        Bureau of Land Management and the Forest 
                        Service in preparing for and carrying out the 
                        transfers of land to be held in trust by the 
                        United States under title II; and
                            (iii) to acquire environmentally sensitive 
                        land or an interest in environmentally 
                        sensitive land in the County, pursuant to the 
                        Douglas County Open Space and Agricultural 
                        Lands Preservation Implementation Plan that is 
                        undertaken with full public involvement.
    (j) Availability of Funds.--Section 4(e) of the Southern Nevada 
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 
Stat. 1114) is amended--
            (1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln, 
        and White Pine Counties and Washoe County (subject to paragraph 
        4)) and Carson City (subject to paragraph (5))'' and inserting 
        ``Clark, Lincoln, and White Pine Counties, Washoe County 
        (subject to paragraph (4)), Carson City subject to paragraph 
        (5)), and Douglas County (subject to paragraph (6))'';
            (2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln, 
        and White Pine Counties and Carson City (subject to paragraph 
        (5))'' and inserting ``Clark, Lincoln, and White Pine Counties, 
        Washoe County (subject to paragraph (4)), Carson City (subject 
        to paragraph (5)), and Douglas County (subject to paragraph 
        (6))''; and
            (3) by adding at the end the following:
            ``(6) Limitation for douglas county.--Douglas County shall 
        be eligible to nominate for expenditure amounts to acquire land 
        or an interest in land for parks, trails, or natural areas and 
        for conservation initiatives--
                    ``(A) within the Carson River watershed;
                    ``(B) within the Walker River watershed; or
                    ``(C) for the protection of sage grouse.''.
                                 <all>
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