II 

113TH CONGRESS 

1ST SESSION S. 1640 

To facilitate planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within 

Lincoln County, Nevada, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2013 

Mr. HELLER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To facilitate planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln 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. 

4 This Act may be cited as the ‘‘Pinyon-Juniper Re5 lated Projects Implementation Act’’. 


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1 SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED 

2 PROJECTS. 

3 (a) AVAILABILITY OF SPECIAL ACCOUNT UNDER

4 LINCOLN COUNTY LAND ACT OF 2000.—Section 5(b) of 

5 the Lincoln County Land Act of 2000 (Public Law 106– 

6 298; 114 Stat. 1048), is amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (B), by inserting 

9 ‘‘and implementation’’ after ‘‘development’’; 

10 and 

11 (B) in subparagraph (C)— 

12 (i) in clause (i), by striking ‘‘; and’’ at 

13 the end and inserting a semicolon; 

14 (ii) in clause (ii), by striking ‘‘; and’’ 

15 at the end and inserting a semicolon; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(iii) planning, permitting, administration, 

19 implementation, and monitoring of pinyon-juni20 per dominated landscape restoration projects 

21 within Lincoln County, consistent with the Ely 

22 Resource Management Plan; and 

23 ‘‘(iv) completing compliance activities 

24 under the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.), related mitiga26 tion plans, and archeological research and reVerDate Mar 15 2010 02:38 Nov 05, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 source inventory in compliance with the Na2 tional Historic Preservation Act (16 U.S.C. 470 

3 et seq.), the Native American Graves Protection 

4 and Repatriation Act (25 U.S.C. 3001 et seq.), 

5 and Public Law 95–341 (commonly known as 

6 the ‘American Indian Religious Freedom Act’) 

7 (42 U.S.C. 1996) for areas of proposed land 

8 use authorizations and rights-of-way required 

9 for development of land conveyed pursuant to 

10 this Act and the Lincoln County Conservation, 

11 Recreation, and Development Act of 2004 

12 (Public Law 108–424; 118 Stat. 2403) and as 

13 required for authorization of leases, rights-of14 way, and development within the Bureau of 

15 Land Management-designated Dry Lake Valley 

16 North Solar Energy Zone; and’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(3) WAIVER OF FEES.—Processing of applica19 tions for rights-of-way submitted by a local govern20 ment or regional government to serve land conveyed 

21 pursuant to this Act shall not require payment of 

22 cost recovery fees or payment of contributed funds. 

23 ‘‘(4) COOPERATIVE AGREEMENTS.—Establish24 ment and funding of cooperative agreements between 

25 the Bureau of Land Management and Lincoln CounVerDate Mar 15 2010 02:38 Nov 05, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 ty, Nevada, shall be required for County-provided 

2 law enforcement and planning related activities re3 garding— 

4 ‘‘(A) wilderness in Lincoln County, Ne5 vada, designated by the Lincoln County Con6 servation, Recreation, and Development Act of 

7 2004 (Public Law 108–424; 118 Stat. 2403); 

8 ‘‘(B) cultural resources identified, pro9 tected, and managed pursuant to that Act; 

10 ‘‘(C) planning, management, and law en11 forcement associated with the Silver State OHV 

12 Trail designated by that Act; and 

13 ‘‘(D) planning associated with land dis14 posal and related land use authorizations re15 quired for utility corridors and rights of way to 

16 serve land that has been, or is to be, disposed 

17 of pursuant to that Act and this Act.’’. 

18 (b) AVAILABILITY OF SPECIAL ACCOUNT UNDER

19 LINCOLN COUNTY CONSERVATION, RECREATION, AND

20 DEVELOPMENT ACT OF 2004.—Section 103 of the Lin21 coln County Conservation, Recreation, and Development 

22 Act of 2004 (Public Law 108–424; 118 Stat. 2406) is 

23 amended— 

24 (1) in subsection (b)(3)— 


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1 (A) in subparagraph (E), by striking ‘‘; 

2 and’’ at the end and inserting a semicolon; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

6 (C) by adding at the end the following: 

7 ‘‘(G) planning, permitting, administration, 

8 implementation, and monitoring of pinyon-juni9 per dominated landscape restoration projects 

10 within Lincoln County, consistent with the Ely 

11 Resource Management Plan; and 

12 ‘‘(H) completing compliance activities 

13 under the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.), related mitiga15 tion plans, and archeological research and re16 source inventory in compliance with the Na17 tional Historic Preservation Act (16 U.S.C. 470 

18 et seq.), the Native American Graves Protection 

19 and Repatriation Act (25 U.S.C. 3001 et seq.), 

20 and Public Law 95–341 (commonly known as 

21 the ‘American Indian Religious Freedom Act’) 

22 (42 U.S.C. 1996) for areas of proposed land 

23 use authorizations and rights-of-way required 

24 for development of land conveyed pursuant to 

25 this Act and the Lincoln County Land Act of 


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1 2000 (Public Law 106–298; 114 Stat. 1046) 

2 and as required for authorization of leases, 

3 rights-of-way, and development within the Bu4 reau of Land Management-designated Dry 

5 Lake Valley North Solar Energy Zone.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(d) WAIVER OF FEES.—Processing of applications 

8 for rights-of-way submitted by a local government or re9 gional government to serve lands conveyed pursuant to 

10 this Act shall not require payment of cost recovery fees 

11 or payment of contributed funds. 

12 ‘‘(e) COOPERATIVE AGREEMENTS.—Establishment 

13 and funding of cooperative agreements between the Bu14 reau of Land Management and Lincoln County, Nevada, 

15 shall be required for County-provided law enforcement and 

16 planning related activities regarding— 

17 ‘‘(1) wilderness in Lincoln County, Nevada, des18 ignated by this Act; 

19 ‘‘(2) cultural resources identified, protected, 

20 and managed pursuant to this Act; 

21 ‘‘(3) planning, management, and law enforce22 ment associated with the Silver State OHV Trail 

23 designated by this Act; and 

24 ‘‘(4) planning associated with land disposal and 

25 related land use authorizations required for utility 


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1 corridors and rights of way to serve land that has 

2 been, or is to be, disposed of pursuant to this Act 

3 and the Lincoln County Land Act of 2000 (Public 

4 Law 106–298; 114 Stat. 1046).’’. 

5 SEC. 3. DISPOSITION OF PROCEEDS. 

6 (a) DISPOSITION OF PROCEEDS UNDER LINCOLN

7 COUNTY LAND ACT OF 2000.—Section 5(a)(2) of the Lin8 coln County Land Act of 2000 (Public Law 106–298; 114 

9 Stat. 1047) is amended by inserting ‘‘and economic devel10 opment’’ after ‘‘schools’’. 

11 (b) DISPOSITION OF PROCEEDS UNDER LINCOLN

12 COUNTY CONSERVATION, RECREATION, AND DEVELOP13 MENT ACT OF 2004.—Section 103(b)(2) of the Lincoln 

14 County Conservation, Recreation, and Development Act of 

15 2004 (Public Law 108–424; 118 Stat. 2405) is amended 

16 by striking ‘‘and transportation’’ and inserting ‘‘transpor17 tation, and economic development’’. 

18 SEC. 4. CERTAIN LAND IN UTILITY CORRIDOR NOT WITH19 DRAWN. 

20 Section 301(c) of the Lincoln County Conservation, 

21 Recreation, and Development Act of 2004 (Public Law 

22 108–424; 118 Stat. 2413) is amended in the matter pre23 ceding paragraph (1) by inserting ‘‘(other than land in 


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1 the corridor located in sections 7, 8, 9, 10, and 15, T. 

2 7 N., R. 68 E.)’’ after ‘‘subsection (a)’’. 

Æ 


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