II 

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. 

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 ‘‘Douglas County Conservation Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Douglas County, Nevada. 

5 (2) PUBLIC LAND.—The term ‘‘public land’’ 

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

7 section 103 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1702). 

9 (3) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) with respect to National Forest Sys12 tem land, the Secretary of Agriculture. acting 

13 through the Chief of the Forest Service; and 

14 (B) with respect to land managed by the 

15 Bureau of Land Management, including land 


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1 held for the benefit of the Tribe, the Secretary 

2 of the Interior. 

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

4 of Nevada. 

5 (5) TRIBE.—The term ‘‘Tribe’’ means the 

6 Washoe Tribe of Nevada and California. 

7 (6) WILDERNESS.—The term ‘‘Wilderness’’ 

8 means the Burbank Canyon Wilderness designated 

9 by section 102(a). 

10 TITLE I—WILDERNESS AREA 

11 SEC. 101. FINDINGS. 

12 Congress finds that— 

13 (1) public land in the County contains unique 

14 and spectacular natural resources, including— 

15 (A) priceless habitat for numerous species 

16 of plants and wildlife; and 

17 (B) thousands of acres of land that remain 

18 in a natural state; and 

19 (2) continued preservation of those resources 

20 would benefit the County and all of the United 

21 States by— 

22 (A) ensuring the conservation of eco23 logically diverse habitat; 

24 (B) protecting prehistoric cultural re25 sources; 


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1 (C) conserving primitive recreational re2 sources; and 

3 (D) protecting air and water quality. 

4 SEC. 102. ADDITION TO NATIONAL WILDERNESS PRESERVA5 TION SYSTEM. 

6 (a) DESIGNATION.—In furtherance of the purposes of 

7 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi8 mately 12,330 acres of Federal land managed by the Bu9 reau of Land Management, as generally depicted on the 

10 map entitled ‘‘Proposed Burbank Canyon Wilderness’’ and 

11 dated June 26, 2013, is designated as wilderness and as 

12 a component of the National Wilderness Preservation Sys13 tem, to be known as the ‘‘Burbank Canyons Wilderness’’. 

14 (b) BOUNDARY.—The boundary of any portion of the 

15 Wilderness that is bordered by a road shall be at least 

16 100 feet from the edge of the road to allow public access. 

17 (c) NATIONAL LANDSCAPE CONSERVATION SYS18 TEM.—The Wilderness shall be administered as a compo19 nent of the National Landscape Conservation System. 

20 (d) MAP AND LEGAL DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary con23 cerned shall prepare a map and legal description of 

24 the Wilderness. 


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

2 prepared under paragraph (1) shall have the same 

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

4 that the Secretary concerned may correct any minor 

5 error in the map or legal description. 

6 (3) AVAILABILITY.—A copy of the map and 

7 legal description prepared under paragraph (1) shall 

8 be on file and available for public inspection in the 

9 appropriate offices of the Bureau of Land Manage10 ment. 

11 (e) WITHDRAWAL.—Subject to valid existing rights, 

12 the Wilderness is withdrawn from— 

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

14 under the public land laws; 

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

16 laws; and 

17 (3) disposition under all laws relating to min18 eral and geothermal leasing or mineral materials. 

19 SEC. 103. ADMINISTRATION. 

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

21 the Wilderness shall be administered by the Secretary con22 cerned in accordance with the Wilderness Act (16 U.S.C. 

23 1131 et seq.), except that any reference in that Act— 


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1 (1) to the effective date shall be considered to 

2 be a reference to the date of enactment of this Act; 

3 and 

4 (2) to the Secretary of Agriculture shall be con5 sidered to be a reference to the Secretary of the In6 terior. 

7 (b) LIVESTOCK.—Within the Wilderness, the grazing 

8 of livestock in areas administered by the Bureau of Land 

9 Management in which grazing is established as of the date 

10 of enactment of this Act shall be allowed to continue sub11 ject to such reasonable regulations, policies, and practices 

12 as the Secretary concerned considers to be necessary in 

13 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 boundaries 

23 of the Wilderness 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. 


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1 (d) ADJACENT MANAGEMENT.— 

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

3 the designation of the Wilderness to create a protec4 tive perimeter or buffer zone around the Wilderness. 

5 (2) NONWILDERNESS ACTIVITIES.—The fact 

6 that nonwilderness activities or uses can be seen or 

7 heard from areas within the Wilderness shall not 

8 preclude the conduct of the activities or uses outside 

9 the boundary of the Wilderness. 

10 (e) MILITARY OVERFLIGHTS.—Nothing in this Act 

11 restricts or precludes— 

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

13 the Wilderness, including military overflights that 

14 can be seen or heard within the wilderness area; 

15 (2) flight testing and evaluation; or 

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

17 special use airspace, or the establishment of military 

18 flight training routes, over the Wilderness. 

19 (f) EXISTING AIRSTRIPS.—Nothing in this Act re20 stricts or precludes low-level overflights by aircraft uti21 lizing airstrips in existence on the date of enactment of 

22 this Act that are located within 5 miles of the proposed 

23 boundary of the Wilderness. 

24 (g) WILDFIRE, INSECT, AND DISEASE MANAGE25 MENT.—In accordance with section 4(d)(1) of the WilderVerDate Mar 15 2010 04:36 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1263.IS S1263

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1 ness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned 

2 may take any measures in the Wilderness that the Sec3 retary concerned determines to be necessary to control 

4 fire, insects, and diseases, subject to such terms and con5 ditions as the Secretary concerned determines to be nec6 essary. 

7 (h) WATER RIGHTS.— 

8 (1) FINDINGS.—Congress finds that— 

9 (A) the Wilderness is located— 

10 (i) in the semiarid region of the Great 

11 Basin; and 

12 (ii) at the headwaters of the streams 

13 and rivers on land with respect to which 

14 there are few, if any— 

15 (I) actual or proposed water re16 source facilities located upstream; and 

17 (II) opportunities for diversion, 

18 storage, or other uses of water occur19 ring outside the land that would ad20 versely affect the wilderness values of 

21 the land; 

22 (B) the Wilderness is generally not suitable 

23 for use or development of new water resource 

24 facilities; and 


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1 (C) because of the unique nature of the 

2 Wilderness, it is possible to provide for proper 

3 management and protection of the wilderness 

4 and other values of land in ways different from 

5 those used in other laws. 

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

7 to protect the wilderness values of the Wilderness by 

8 means other than a federally reserved water right. 

9 (3) STATUTORY CONSTRUCTION.—Nothing in 

10 this Act— 

11 (A) constitutes an express or implied res12 ervation by the United States of any water or 

13 water rights with respect to the Wilderness; 

14 (B) affects any water rights in the State 

15 (including any water rights held by the United 

16 States) in existence on the date of enactment of 

17 this Act; 

18 (C) establishes a precedent with regard to 

19 any future wilderness designations; 

20 (D) affects the interpretation of, or any 

21 designation made under, any other Act; or 

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

23 interstate compact or equitable apportionment 

24 decree that apportions water among and be25 tween the State and other States. 


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1 (4) NEVADA WATER LAW.—The Secretary con2 cerned shall follow the procedural and substantive 

3 requirements of State law so as to obtain and hold 

4 any water rights not in existence on the date of en5 actment of this Act with respect to the Wilderness. 

6 (5) NEW PROJECTS.— 

7 (A) DEFINITION OF WATER RESOURCE FA8 CILITY.— 

9 (i) IN GENERAL.—In this paragraph, 

10 the term ‘‘water resource facility’’ means 

11 irrigation and pumping facilities, res12 ervoirs, water conservation works, aque13 ducts, canals, ditches, pipelines, wells, hy14 dropower projects, transmission and other 

15 ancillary facilities, and other water diver16 sion, storage, and carriage structures. 

17 (ii) EXCLUSION.—The term ‘‘water 

18 resource facility’’ does not include wildlife 

19 guzzlers. 

20 (B) RESTRICTION ON NEW WATER RE21 SOURCE FACILITIES.—Except as otherwise pro22 vided in this Act, on or after the date of enact23 ment of this Act, neither the President nor any 

24 other officer, employee, or agent of the United 

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


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1 license or permit for the development of any 

2 new water resource facility within any wilder3 ness area, including a portion of a wilderness 

4 area, that is located in the County. 

5 SEC. 104. FISH AND WILDLIFE MANAGEMENT. 

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

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

8 nothing in this Act affects or diminishes the jurisdiction 

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

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

11 in the Wilderness. 

12 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

13 the purposes and principles of the Wilderness Act (16 

14 U.S.C. 1131 et seq.), the Secretary concerned may con15 duct any management activities in the Wilderness that are 

16 necessary to maintain or restore fish and wildlife popu17 lations and the habitats to support those populations, if 

18 the activities are carried out— 

19 (1) in a manner that is consistent with relevant 

20 wilderness management plans; and 

21 (2) in accordance with— 

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

23 seq.); and 

24 (B) appropriate policies, such as those set 

25 forth in Appendix B of the report of the ComVerDate Mar 15 2010 04:36 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1263.IS S1263

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1 mittee on Interior and Insular Affairs of the 

2 House of Representatives accompanying H.R. 

3 2570 of the 101st Congress (House Report 

4 101–405), including the occasional and tem5 porary use of motorized vehicles if the use, as 

6 determined by the Secretary concerned, would 

7 promote healthy, viable, and more naturally dis8 tributed wildlife populations that would enhance 

9 wilderness values with the minimal impact nec10 essary to reasonably accomplish those tasks. 

11 (c) EXISTING ACTIVITIES.—Consistent with section 

12 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

13 in accordance with appropriate policies such as those set 

14 forth in Appendix B of the report of the Committee on 

15 Interior and Insular Affairs of the House of Representa16 tives accompanying H.R. 2570 of the 101st Congress 

17 (House Report 101–405), the State may continue to use 

18 aircraft, including helicopters, to survey, capture, trans19 plant, monitor, and provide water for wildlife populations 

20 in the Wilderness. 

21 (d) HUNTING, FISHING, AND TRAPPING.— 

22 (1) IN GENERAL.—The Secretary concerned 

23 may designate areas in which, and establish periods 

24 during which, for reasons of public safety, adminis25 tration, or compliance with applicable laws, no huntVerDate Mar 15 2010 04:36 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1263.IS S1263

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1 ing, fishing, or trapping will be permitted in the Wil2 derness. 

3 (2) CONSULTATION.—Except in emergencies, 

4 the Secretary concerned shall consult with the ap5 propriate State agency and notify the public before 

6 making any designation under paragraph (1). 

7 (e) COOPERATIVE AGREEMENT.— 

8 (1) IN GENERAL.—The State may conduct wild9 life management activities in the Wilderness— 

10 (A) in accordance with the terms and con11 ditions specified in the cooperative agreement 

12 between the Secretary of the Interior and the 

13 State entitled ‘‘Memorandum of Understanding 

14 between the Bureau of Land Management and 

15 the Nevada Department of Wildlife Supplement 

16 No. 9’’ and signed November and December 

17 2003, including any amendments to the cooper18 ative agreement agreed to by the Secretary of 

19 the Interior and the State; and 

20 (B) subject to all applicable laws (including 

21 regulations). 

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

23 purposes of this subsection, any reference to Clark 

24 County in the cooperative agreement described in 


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1 paragraph (1)(A) shall be considered to be a ref2 erence to the Wilderness. 

3 SEC. 105. RELEASE OF WILDERNESS STUDY AREA. 

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

5 of section 603 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

7 Management land in any portion of the Burbank Canyons 

8 Wilderness study area not designated as wilderness by sec9 tion 102 has been adequately studied for wilderness des10 ignation. 

11 (b) RELEASE.—Any public land described in sub12 section (a) that is not designated as wilderness by this 

13 Act— 

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

15 Federal Land Policy and Management Act of 1976 

16 (43 U.S.C. 1782(c)); and 

17 (2) shall be managed in accordance with— 

18 (A) land management plans adopted under 

19 section 202 of that Act (43 U.S.C. 1712); and 

20 (B) cooperative conservation agreements in 

21 existence on the date of enactment of this Act. 

22 SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

23 USES. 

24 Nothing in this title diminishes— 

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


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1 (2) tribal rights regarding access to Federal 

2 land for tribal activities, including spiritual, cultural, 

3 and traditional food-gathering activities. 

4 TITLE II—TRIBAL CULTURAL 

5 RESOURCES 

6 SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

7 THE WASHOE TRIBE. 

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

9 including rights-of-way, all right, title, and interest of the 

10 United States in and to the land described in subsection 

11 (b)— 

12 (1) shall be held in trust by the United States 

13 for the benefit of the Tribe; and 

14 (2) shall be part of the reservation of the Tribe. 

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

16 subsection (a) consists of the approximately 1,178 acres 

17 of land, as generally depicted on the Map as ‘‘To Washoe 

18 Tribe’’. 

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

20 of enactment of this Act, the Secretary concerned shall 

21 complete a survey of the boundary lines to establish the 

22 boundaries of the land taken into trust under subsection 

23 (a). 


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1 SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT. 

2 (a) IN GENERAL.—The Secretary of Agriculture, in 

3 consultation with the Tribe and County, shall develop and 

4 implement a cooperative management agreement for the 

5 land described in subsection (b)— 

6 (1) to preserve cultural resources; 

7 (2) to ensure regular access by members of the 

8 Tribe and the community across National Forest 

9 System land for cultural and religious purposes; and 

10 (3) to protect recreational uses. 

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

12 subsection (a) consists of the approximately 1,811 acres 

13 of land, as generally depicted on the Map as ‘‘Cooperative 

14 Management Area’’. 

15 TITLE III—PUBLIC 

16 CONVEYANCES 

17 SEC. 301. CONVEYANCE TO THE STATE OF NEVADA. 

18 (a) CONVEYANCE.—Notwithstanding section 202 of 

19 the Federal Land Policy and Management Act of 1976 

20 (43 U.S.C. 1712), the Secretary concerned shall convey 

21 to the State, subject to valid existing rights, for no consid22 eration, all right, title, and interest of the United States 

23 in and to the land described in subsection (b). 

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

25 subsection (a) is the approximately 67 acres of Forest 


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1 Service land, as generally depicted on the Map as ‘‘Lake 

2 Tahoe-Nevada State Park’’. 

3 (c) COSTS.—Any costs relating to the conveyance 

4 under subsection (a), including costs for surveys and other 

5 administrative costs, shall be paid by the State. 

6 (d) USE OF LAND.— 

7 (1) IN GENERAL.—Any land conveyed to the 

8 State under subsection (a) shall be used only for— 

9 (A) the conservation of wildlife or natural 

10 resources; or 

11 (B) a public park. 

12 (2) FACILITIES.—Any facility on the land con13 veyed under subsection (a) shall be constructed and 

14 managed in a manner consistent with the uses de15 scribed in paragraph (1). 

16 (e) REVERSION.—If any portion of the land conveyed 

17 under subsection (a) is used in a manner that is incon18 sistent with the uses described in subsection (d), that land 

19 shall, at the discretion of the Secretary concerned, revert 

20 to the United States. 

21 SEC. 302. CONCESSIONAIRES AT THE ROUND HILL PINES 

22 MANAGEMENT AREA AND DREYFUS ESTATE 

23 MANAGEMENT AREA. 

24 (a) PROSPECTUS.—Subject to subsection (b), not 

25 later than 60 days after the date of enactment of this Act, 


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1 the Secretary of Agriculture shall make publicly available 

2 a prospectus to solicit one or more concessionaires for— 

3 (1) the approximately 200 acres of land as gen4 erally depicted on the Map as ‘‘Round Hill Pines Re5 sort’’; and 

6 (2) the approximately 416 acres of land as gen7 erally depicted on the Map as ‘‘Zephyr Shoals’’. 

8 (b) EXCLUSIONS.— 

9 (1) SPECIAL USE PERMITS.—This section shall 

10 not apply to any land or portion of land described 

11 in subsection (a) for which a concessionaire has a 

12 contract to operate under a special use permit issued 

13 before the date of enactment of this Act. 

14 (2) PRIOR PROSPECTUSES.—This section shall 

15 not apply to any land or portion of land described 

16 in subsection (a) for which the Secretary of Agri17 culture has made publicly available before the date 

18 of enactment of this Act a prospectus for that land 

19 or portion of land. 

20 (c) CONSULTATION.—In carrying out this section, the 

21 Secretary of Agriculture shall consult with the Tribe, the 

22 County, the State, and other interested parties— 

23 (1) to satisfy any requirement under section 

24 102 of the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4332); and 


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1 (2) to prepare for the orderly and smooth tran2 sition of the operation of the land described in sub3 section (a) to one or more concessionaires. 

4 (d) TREATMENT OF PROCEEDS.—Any fees received 

5 under a concession contract under this section shall re6 main available to the Forest Service, until expended, with7 out further appropriations, for use within the Lake Tahoe 

8 Basin Management Unit under the authorities provided 

9 by the Act of April 24, 1950 (commonly known as the 

10 ‘‘Granger-Thye Act’’) (64 Stat. 82, chapter 97). 

11 (e) ADMINISTRATIVE JURISDICTION TRANSFER.— 

12 (1) IN GENERAL.—If the Secretary of Agri13 culture has not entered into a concession contract 

14 for the land described in subsection (a) by the date 

15 that is 2 years after the date on which the pro16 spectus is published under that subsection, con17 sistent with section 3(a) of Public Law 96–586 (94 

18 Stat. 3383) (commonly known as the ‘‘Santini-Bur19 ton Act’’), the Secretary of Agriculture shall transfer 

20 to the County, without consideration, administrative 

21 jurisdiction of that land for a period of 99 years. 

22 (2) EXCEPTION.—If the Secretary of Agri23 culture has taken steps to enter into a concession 

24 contract for the land described in subsection (a), in25 cluding substantial completion of any requirement 


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1 under section 102 of the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4332), the transfer 

3 of administrative jurisdiction under paragraph (1) 

4 shall not take place unless the Secretary of Agri5 culture has not entered into a concession contract by 

6 the date that is 30 months after the date on which 

7 the prospectus is published under subsection (a). 

8 (3) COSTS.—Any costs relating to a transfer 

9 under paragraph (1), including any costs for surveys 

10 and other administrative costs, shall be paid by the 

11 Secretary of Agriculture. 

12 (4) USE OF LAND.—Any property transferred 

13 to the County under paragraph (1) shall— 

14 (A) be managed by the County— 

15 (i) to maintain undeveloped open 

16 space; 

17 (ii) to preserve the natural character18 istics of the land in perpetuity; and 

19 (iii) to protect and enhance water 

20 quality, stream environment zones, and im21 portant wildlife habitat; and 

22 (B) be used for diverse recreation opportu23 nities or other public purposes consistent with 

24 the Act of June 14, 1926 (commonly known as 


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1 the ‘‘Recreation and Public Purposes Act’’) (43 

2 U.S.C. 869 et seq.). 

3 (5) REVERSION.—If any land or portion of land 

4 transferred under this section is used in a manner 

5 that is inconsistent with this section, the parcel of 

6 land shall, at the discretion of the Secretary of Agri7 culture, revert to the United States. 

8 SEC. 303. TRANSFER OF ADMINISTRATIVE JURISDICTION 

9 FROM THE FOREST SERVICE TO THE STATE, 

10 COUNTY, OR UNIT OF LOCAL GOVERNMENT 

11 FOR PUBLIC PURPOSES. 

12 (a) IN GENERAL.—Consistent with section 3(b) of 

13 Public Law 96–586 (commonly known as the ‘‘Santini14 Burton Act’’) (94 Stat. 3384), on request by the State 

15 or County, the Secretary may transfer the land or inter16 ests in land described in subsection (b) to the State, Coun17 ty, or applicable unit of local government without consider18 ation, subject to appropriate deed restrictions to protect 

19 the environmental quality and public recreational use of 

20 the land transferred. 

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

22 subsection (a) is any Forest Service land that is within 

23 the boundaries of the area subject to acquisition that is 

24 unsuitable for Forest Service administration or necessary 

25 for a public purpose, as depicted on the map entitled 


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1 ‘‘Douglas County Conservation Act of 2013’’ and dated 

2 June 27, 2013. 

3 (c) USE OF LAND.—The land transferred under sub4 section (a) shall— 

5 (1) be managed by the State, County, or unit 

6 of local government to maintain undeveloped open 

7 space and to preserve the natural characteristics of 

8 the transferred land in perpetuity; 

9 (2) be managed by the State, County, or unit 

10 of local government to protect and enhance water 

11 quality, stream environment zones, and important 

12 wildlife habitat; and 

13 (3) be used by the State, County, or unit of 

14 local government for recreation or other public pur15 poses consistent with the Act of June 14, 1926 

16 (commonly known as the ‘‘Recreation and Public 

17 Purposes Act’’) (43 U.S.C. 869 et seq.). 

18 (d) REVERSION.—If a parcel of land transferred 

19 under subsection (a) is used in a manner that is incon20 sistent with the use described for the parcel of land in 

21 subsection (c), the parcel of land shall, at the discretion 

22 of the Secretary, revert to the United States. 

23 (e) LEGAL DESCRIPTION AND MAP.—As soon as 

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


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1 Secretary concerned shall prepare a map and legal de2 scription of the land transferred under subsection (a). 

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

4 NEVADA. 

5 (a) DEFINITION OF MAP.—In this section and section 

6 305, the term ‘‘Map’’ means the map entitled ‘‘Douglas 

7 County, Nevada’’ and dated March 1, 2012. 

8 (b) AUTHORIZATION OF CONVEYANCE.—Notwith9 standing section 202 of the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1712), the Secretary con11 cerned shall— 

12 (1) convey to the County, without consideration, 

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

14 and to the land described in subsection (b); and 

15 (2) lease to the County, without consideration, 

16 the approximately 5,232 acres of land identified on 

17 the Map as ‘‘BLM Flood Control’’. 

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

19 subsection (b)(1) consists of— 

20 (1) the approximately 5,441 acres of land as 

21 generally depicted on the Map as ‘‘Flood Control 

22 and Management’’; 

23 (2) the approximately 45 acres of land as gen24 erally depicted on the Map as ‘‘Water Resource In25 frastructure’’; 


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1 (3) the approximately 2,263 acres of land as 

2 generally depicted on the Map as ‘‘Recreation and 

3 Public Purposes’’; and 

4 (4) the approximately 815 acres of land as gen5 erally depicted on the Map as Forest Service recre6 ation parcels. 

7 (d) COSTS.—Any costs relating to the conveyance 

8 under subsection (b)(1), including any costs for surveys 

9 and other administrative costs, shall be paid by the Sec10 retary of the Interior. 

11 (e) USE OF LAND.— 

12 (1) FLOOD CONTROL AND MANAGEMENT

13 AREA.— 

14 (A) IN GENERAL.—The land described in 

15 subsection (c)(1) shall be managed by the 

16 County for— 

17 (i) any infrastructure project required 

18 for municipal water and flood management 

19 activities; 

20 (ii) fuels reduction projects; 

21 (iii) recreation, including the construc22 tion of trails and trailhead facilities; 

23 (iv) the use of motorized vehicles on 

24 designated roads, trails, and areas; 


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1 (v) undeveloped open space, cus2 tomary agricultural practices, wildlife pro3 tection; and 

4 (vi) the preservation of the natural 

5 characteristics of the land, in perpetuity. 

6 (B) REVERSION.—If the land described in 

7 subsection (c)(1) is used in a manner that is in8 consistent with the uses described in this para9 graph, the land shall, at the discretion of the 

10 Secretary concerned, revert to the United 

11 States. 

12 (2) WATER RESOURCE INFRASTRUCTURE.— 

13 (A) IN GENERAL.—The land described in 

14 subsection (c)(2) shall be managed by the 

15 County for— 

16 (i) any infrastructure project required 

17 for municipal water and flood management 

18 activities; 

19 (ii) fuels reduction projects; 

20 (iii) passive recreation; 

21 (iv) undeveloped open space and wild22 life protection; and 

23 (v) the preservation of the natural 

24 characteristics of the land, in perpetuity. 


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1 (B) REVERSION.—If the land described in 

2 subsection (c)(2) is used in a manner that is in3 consistent with the uses described in this para4 graph, the land shall, at the discretion of the 

5 Secretary concerned, revert to the United 

6 States. 

7 (3) RECREATION AND PUBLIC PURPOSES.— 

8 (A) IN GENERAL.—The land described in 

9 subsection (c)(3) shall be managed by the 

10 County for— 

11 (i) undeveloped open space; and 

12 (ii) recreation or other public pur13 poses consistent with the Act of June 14, 

14 1926 (commonly known as the ‘‘Recreation 

15 and Public Purposes Act’’) (43 U.S.C. 869 

16 et seq.). 

17 (B) REVERSION.—If the land described in 

18 subsection (c)(3) is used in a manner that is in19 consistent with the uses described in this para20 graph, the land shall, at the discretion of the 

21 Secretary concerned, revert to the United 

22 States. 

23 (4) FOREST SERVICE RECREATION.— 


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1 (A) IN GENERAL.—The land described in 

2 subsection (c)(4) shall be managed by the 

3 County for— 

4 (i) undeveloped open space; 

5 (ii) customary agricultural practices; 

6 (iii) wildlife protection; and 

7 (iv) the preservation of the natural 

8 characteristics of the land, in perpetuity. 

9 (B) REVERSION.—If the land described in 

10 subsection (c)(4) is used in a manner that is in11 consistent with the uses described in this para12 graph, the land shall, at the discretion of the 

13 Secretary concerned, revert to the United 

14 States. 

15 SEC. 305. SALE OF CERTAIN FEDERAL LAND. 

16 (a) IN GENERAL.—Notwithstanding sections 202 and 

17 203 of the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1712, 1713), the Secretary concerned 

19 shall, in accordance with the other provisions of that Act 

20 and any other applicable law, and subject to valid existing 

21 rights, conduct one or more sales of the Federal land de22 scribed in subsection (b) to qualified bidders. 

23 (b) DESCRIPTION OF LAND.—The Federal land re24 ferred to in subsection (a) consists of— 


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1 (1) the approximately 287 acres of public lands 

2 as generally depicted on the Map as ‘‘BLM Lands 

3 for Conveyance’’; and 

4 (2) not more than 10,000 acres of land in the 

5 County that— 

6 (A) is not segregated or withdrawn on or 

7 after the date of enactment of this Act, unless 

8 the land is withdrawn in accordance with sub9 section (g); and 

10 (B) is identified for disposal by the Sec11 retary concerned through— 

12 (i) the Carson City Consolidated Re13 source Management Plan; or 

14 (ii) any subsequent amendment to the 

15 management plan that is undertaken with 

16 full public involvement. 

17 (c) JOINT SELECTION REQUIRED.—The Secretary 

18 concerned and the County shall jointly select which Fed19 eral land described in subsection (b)(2) to offer for sale 

20 under subsection (a). 

21 (d) COMPLIANCE WITH LOCAL PLANNING AND ZON22 ING LAWS.—Before carrying out a sale of Federal land 

23 under subsection (a), the County shall submit to the Sec24 retary concerned a certification that qualified bidders have 

25 agreed to comply with— 


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1 (1) County zoning ordinances; and 

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

3 the County. 

4 (e) METHOD OF SALE; CONSIDERATION.—The sale 

5 of Federal land under subsection (a) shall be— 

6 (1) through a competitive bidding process, un7 less otherwise determined by the Secretary con8 cerned; and 

9 (2) for not less than fair market value. 

10 (f) RECREATION AND PUBLIC PURPOSES ACT CON11 VEYANCES.— 

12 (1) IN GENERAL.—Not later than 30 days be13 fore any land described in subsection (b)(2)(B) is of14 fered for sale under subsection (a), the State or 

15 County may elect to obtain the land for public pur16 poses in accordance with the Act of June 14, 1926 

17 (commonly known as the ‘‘Recreation and Public 

18 Purposes Act’’) (43 U.S.C. 869 et seq.). 

19 (2) RETENTION.—Pursuant to an election made 

20 under paragraph (1), the Secretary concerned shall 

21 retain the elected land for conveyance to the State 

22 or County in accordance with the Act of June 14, 

23 1926 (commonly known as the ‘‘Recreation and 

24 Public Purposes Act’’) (43 U.S.C. 869 et seq.). 

25 (g) WITHDRAWAL.— 


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

2 rights and except as provided in paragraph (2), the 

3 Federal land described in subsection (b) is with4 drawn from— 

5 (A) all forms of entry and appropriation 

6 under the public land laws and mining laws; 

7 (B) location and patent under mining laws; 

8 and 

9 (C) operation of the mineral laws, geo10 thermal leasing laws, and mineral material 

11 laws. 

12 (2) EXCEPTION.—Paragraph (1)(A) shall not 

13 apply to a sale made consistent with this section or 

14 an election by the County or the State to obtain the 

15 land described in subsection (b) for public purposes 

16 under the Act of June 14, 1926 (commonly known 

17 as the ‘‘Recreation and Public Purposes Act’’) (43 

18 U.S.C. 869 et seq.). 

19 (h) DEADLINE FOR SALE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), not later than 1 year after the date of en22 actment of this Act, if there is a qualified bidder for 

23 the land described in subsection (b), the Secretary 

24 concerned shall offer the land for sale to the quali25 fied bidder. 


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1 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

2 At the request of the County, the Secretary con3 cerned may temporarily postpone or exclude from 

4 the sale all or a portion of the land described in sub5 section (b). 

6 (i) DISPOSITION OF PROCEEDS.— 

7 (1) IN GENERAL.—Of the proceeds from the 

8 sale of land under this section— 

9 (A) 5 percent shall be disbursed to the 

10 State for use by the State for general education 

11 programs of the State; 

12 (B) 10 percent shall be disbursed to the 

13 County for use by the County to implement the 

14 County Open Space and Agricultural Implemen15 tation Plan; and 

16 (C) 85 percent shall be deposited in a spe17 cial account in the Treasury of the United 

18 States, to be known as the ‘‘Douglas County 

19 Special Account’’, which shall be available to 

20 the Secretary concerned until expended, without 

21 further appropriation— 

22 (i) to reimburse costs incurred by the 

23 Secretary concerned in preparing for the 

24 sale of the land described in subsection (b), 

25 including— 


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1 (I) the costs of surveys and ap2 praisals; and 

3 (II) compliance with the National 

4 Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) and sections 202 

6 and 203 of the Federal Land Policy 

7 and Management Act of 1976 (43 

8 U.S.C. 1712, 1713); 

9 (ii) to reimburse costs incurred by the 

10 Bureau of Land Management and the For11 est Service in preparing for and carrying 

12 out the transfers of land to be held in trust 

13 by the United States under title II; and 

14 (iii) to acquire environmentally sen15 sitive land or an interest in environ16 mentally sensitive land in the County, pur17 suant to the Douglas County Open Space 

18 and Agricultural Lands Preservation Im19 plementation Plan that is undertaken with 

20 full public involvement. 

21 (j) AVAILABILITY OF FUNDS.—Section 4(e) of the 

22 Southern Nevada Public Land Management Act of 1998 

23 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 

24 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 

25 Stat. 1114) is amended— 


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1 (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, 

2 Lincoln, and White Pine Counties and Washoe 

3 County (subject to paragraph 4)) and Carson City 

4 (subject to paragraph (5))’’ and inserting ‘‘Clark, 

5 Lincoln, and White Pine Counties, Washoe County 

6 (subject to paragraph (4)), Carson City subject to 

7 paragraph (5)), and Douglas County (subject to 

8 paragraph (6))’’; 

9 (2) in paragraph (3)(A)(v), by striking ‘‘Clark, 

10 Lincoln, and White Pine Counties and Carson City 

11 (subject to paragraph (5))’’ and inserting ‘‘Clark, 

12 Lincoln, and White Pine Counties, Washoe County 

13 (subject to paragraph (4)), Carson City (subject to 

14 paragraph (5)), and Douglas County (subject to 

15 paragraph (6))’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(6) LIMITATION FOR DOUGLAS COUNTY.— 

18 Douglas County shall be eligible to nominate for ex19 penditure amounts to acquire land or an interest in 

20 land for parks, trails, or natural areas and for con21 servation initiatives— 

22 ‘‘(A) within the Carson River watershed; 

23 ‘‘(B) within the Walker River watershed; 

24 or 


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1 ‘‘(C) for the protection of sage grouse.’’. 

Æ 


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