IIB 

115TH CONGRESS 

2D SESSION H. R. 1107 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2018 

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

Resources 

AN ACT 

To promote conservation, improve public land management, 

and provide for sensible development in Pershing County, 

Nevada, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Pershing County Economic Development and Conserva4 tion Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CHECKERBOARD LAND RESOLUTION 

Sec. 101. Findings. 

Sec. 102. Definitions. 

Sec. 103. Sale or exchange of eligible land. 

Sec. 104. Disposition of proceeds. 

TITLE II—LAND CONVEYANCES AND TRANSFERS 

Sec. 201. Conveyances of covered land. 

Sec. 202. Conveyance of land for use as a public cemetery. 

TITLE III—WILDERNESS AREAS 

Sec. 301. Additions to the National Wilderness Preservation System. 

Sec. 302. Administration. 

Sec. 303. Wildlife management. 

Sec. 304. Release of wilderness study areas. 

Sec. 305. Native American cultural and religious uses. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) COUNTY.—The term ‘‘County’’ means Per10 shing County, Nevada. 

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

12 the Secretary of the Interior. 

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

14 of Nevada. 


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

2 area’’ means a wilderness area designated by section 

3 301(a). 

4 TITLE I—CHECKERBOARD LAND 

5 RESOLUTION 

6 SEC. 101. FINDINGS. 

7 Congress finds that— 

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

9 (12 Stat. 489, chapter 120) (commonly known as 

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

11 railroad land grants along the Union Pacific Rail12 road right-of-way created a checkerboard land pat13 tern of alternating public land and privately owned 

14 land, management of the land in the checkerboard 

15 area has been a constant source of frustration for 

16 both private landholders and the Federal Govern17 ment; 

18 (2) management of Federal land in the checker19 board area has been costly and difficult for the Fed20 eral land management agencies, creating a disincen21 tive to manage the land effectively; 

22 (3) parcels of land within the checkerboard area 

23 in the County will not vary significantly in appraised 

24 value by acre due to the similarity of highest and 

25 best use in the County; and 


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1 (4) consolidation of appropriate land within the 

2 checkerboard area through sales and as acre-for-acre 

3 exchanges for development and Federal management 

4 will— 

5 (A) help improve the tax base of the Coun6 ty; and 

7 (B) simplify management for the Federal 

8 Government. 

9 SEC. 102. DEFINITIONS. 

10 In this title: 

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

12 means— 

13 (A) any land administered by the Director 

14 of the Bureau of Land Management that is 

15 within the area identified on the Map as 

16 ‘‘Checkerboard Lands Resolution Area’’ that is 

17 designated for disposal by the Secretary 

18 through— 

19 (i) the Winnemucca Consolidated Re20 source Management Plan; or 

21 (ii) any subsequent amendment or re22 vision to the management plan that is un23 dertaken with full public involvement; and 

24 (B) the land identified on the Map as ‘‘Ad25 ditional Lands Eligible for Disposal’’. 


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1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Pershing County Checkerboard Lands Reso3 lution’’ and dated February 9, 2017. 

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

5 (a) AUTHORIZATION OF CONVEYANCE.—Notwith6 standing sections 202 and 203, subsections (b) through 

7 (i) of section 206, and section 209 of the Federal Land 

8 Policy and Management Act of 1976 (43 U.S.C. 1712, 

9 1713, 1716, 1719), the Secretary, in cooperation with the 

10 County, in accordance with this Act and any other applica11 ble law, and subject to valid existing rights, shall conduct 

12 sales or exchanges of the eligible land. 

13 (b) JOINT SELECTION REQUIRED.—The Secretary 

14 and the County shall jointly select which parcels of eligible 

15 land to offer for sale or exchange under subsection (a). 

16 (c) COMPLIANCE WITH LOCAL PLANNING AND ZON17 ING LAWS.—Before carrying out a sale or exchange under 

18 subsection (a), the County shall submit to the Secretary 

19 a certification that qualified bidders have agreed to comply 

20 with— 

21 (1) local zoning ordinances; and 

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

23 the County. 

24 (d) METHOD OF SALE OR EXCHANGE.— 


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1 (1) IN GENERAL.—The sale or exchange of eli2 gible land under subsection (a) shall be— 

3 (A) consistent with subsections (b), (d), 

4 and (f) of section 203 and section 206(a) of the 

5 Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1713, 1716(a)); and 

7 (B) conducted through— 

8 (i) a sale, which shall be— 

9 (I) through a competitive bidding 

10 process, under which adjoining land11 owners are offered the first option, 

12 unless otherwise determined by the 

13 Secretary; 

14 (II) for not less than fair market 

15 value, based on an appraisal in ac16 cordance with the Uniform Standards 

17 of Professional Appraisal Practice; 

18 and 

19 (III) conducted in accordance 

20 with subsection (f); or 

21 (ii) subject to paragraph (3), an acre22 for-acre exchange for private land located 

23 within a Management Priority Area identi24 fied under paragraph (4)(A). 


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1 (2) MASS APPRAISAL.—Not later than 1 year 

2 after the date of enactment of this Act, and every 

3 5 years thereafter, the Secretary shall— 

4 (A) conduct a mass appraisal of the eligi5 ble land to determine whether any parcel of eli6 gible land is likely valued at equal to or greater 

7 than $500 per acre (in 2017 constant dollars, 

8 as measured by the Consumer Price Index); 

9 and 

10 (B) make available to the public the results 

11 of the mass appraisal conducted under subpara12 graph (A). 

13 (3) EXCLUSION.— 

14 (A) IN GENERAL.—If the Secretary deter15 mines that a parcel of eligible land is likely val16 ued at equal to or greater than $500 per acre 

17 (in 2017 constant dollars, as measured by the 

18 Consumer Price Index) under paragraph 

19 (2)(A), the Secretary shall exclude that parcel 

20 from the acre-for-acre exchange described in 

21 paragraph (1)(B)(ii). 

22 (B) PUBLICATION IN FEDERAL REG23 ISTER.—If a mass appraisal of eligible land 

24 under paragraph (2)(A) is not finalized, or up25 to-date and publicly available, before an acreVerDate Sep 11 2014 00:41 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.RFS H1107

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1 for-acre exchange described in paragraph 

2 (1)(B)(ii) is completed, the Secretary may final3 ize the exchange if the Secretary publishes in 

4 the Federal Register— 

5 (i) a determination stating that the 

6 one or more parcels of eligible land in7 cluded in the exchange are likely valued at 

8 less than $500 per acre (in 2017 constant 

9 dollars, as measured by the Consumer 

10 Price Index); and 

11 (ii) a description of the methodology 

12 used to arrive at that determination. 

13 (4) MANAGEMENT PRIORITY AREAS.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), not later than 1 year after the date 

16 of enactment of this Act, for the purpose of the 

17 exchanges authorized under paragraph 

18 (1)(B)(ii), the Secretary— 

19 (i) shall identify Management Priority 

20 Areas within the Checkerboard Lands Res21 olution Area, as identified on the Map, 

22 that are considered by the Secretary to 

23 be— 

24 (I) greater sage-grouse habitat; 


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1 (II) part of an identified wildlife 

2 corridor or designated critical habitat; 

3 (III) of value for outdoor recre4 ation or public access for hunting, 

5 fishing, and other recreational pur6 poses; 

7 (IV) of significant cultural, his8 toric, ecological, or scenic value; or 

9 (V) of value for improving Fed10 eral land management; and 

11 (ii) as appropriate, may identify addi12 tional management priority areas in the 

13 County any time after the identification 

14 under clause (i) is completed. 

15 (B) LIMITATION.—Management of Federal 

16 land within any Management Priority Area 

17 identified under subparagraph (A) shall not be 

18 changed based solely on that identification. 

19 (e) WITHDRAWAL.— 

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

21 rights and mining claims for which the claims main22 tenance fees have been paid in the applicable assess23 ment year, effective on the date on which a parcel 

24 of eligible land is selected for sale or exchange under 

25 subsection (b), that parcel is withdrawn from— 


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1 (A) all forms of entry and appropriation 

2 under the public land laws, including the min3 ing laws; 

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

5 mining laws; and 

6 (C) operation of the mineral leasing and 

7 geothermal leasing laws. 

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

9 of eligible land under paragraph (1) shall termi10 nate— 

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

12 exchange, the conveyance of title of the parcel 

13 of eligible land under this title; or 

14 (B) with respect to any parcel of eligible 

15 land selected for sale or exchange under sub16 section (b) that is not sold or exchanged, not 

17 later than 2 years after the date on which the 

18 parcel was offered for sale or exchange under 

19 this title. 

20 (f) PARAMETERS FOR SALE OR EXCHANGE.— 

21 (1) SALES.— 

22 (A) DEADLINE.—Except as provided in 

23 paragraph (3), not later than 1 year after the 

24 date of enactment of this Act, and not less fre25 quently than once per year thereafter until the 


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1 date on which the limitation in subparagraph 

2 (B) has been reached or the date on which the 

3 County requests a postponement under para4 graph (3), the Secretary shall offer for sale the 

5 parcels of eligible land jointly selected under 

6 subsection (b). 

7 (B) LIMITATION.—The total acreage of eli8 gible land sold under this title shall consist of 

9 not more than 150,000 acres of eligible land. 

10 (2) DEADLINE FOR EXCHANGES.—Except as 

11 provided in paragraph (3), not later than 1 year 

12 after the date on which the Management Priority 

13 Areas are identified under subsection (d)(4)(A), and 

14 not less frequently than once per year thereafter 

15 until the date on which all of the parcels of eligible 

16 land have been disposed of or the date on which the 

17 County requests a postponement under paragraph 

18 (3), the Secretary shall offer for exchange the par19 cels of eligible land jointly selected under subsection 

20 (b). 

21 (3) POSTPONEMENT; EXCLUSION FOR SALE OR

22 EXCHANGE.— 

23 (A) REQUEST BY COUNTY FOR POSTPONE24 MENT OR EXCLUSION.—At the request of the 

25 County, the Secretary shall postpone or exclude 


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1 from a sale or exchange all or a portion of the 

2 eligible land jointly selected under subsection 

3 (b). 

4 (B) INDEFINITE POSTPONEMENT.—Unless 

5 specifically requested by the County, a post6 ponement under subparagraph (A) shall not be 

7 indefinite. 

8 (C) POSTPONEMENT OR EXCLUSION BY

9 THE SECRETARY.—The Secretary may postpone 

10 or exclude from a sale or exchange all or a por11 tion of the eligible land jointly selected under 

12 subsection (b) for emergency ecological or safe13 ty reasons. 

14 SEC. 104. DISPOSITION OF PROCEEDS. 

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

16 from the sale of land under section 103 or 201— 

17 (1) 5 percent shall be disbursed to the State for 

18 use in the general education program of the State; 

19 (2) 10 percent shall be disbursed to the County 

20 for use as determined through normal County budg21 eting procedures; and 

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

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

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


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1 which shall be available to the Secretary, in con2 sultation with the County, for— 

3 (A) the reimbursement of costs incurred by 

4 the Department of the Interior in preparing for 

5 the sale or exchange of the eligible land, includ6 ing— 

7 (i) the costs of surveys and appraisals; 

8 and 

9 (ii) the costs of compliance with the 

10 National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) and sec12 tions 202 and 203 of the Federal Land 

13 Policy and Management Act of 1976 (43 

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

15 (B) the conduct of wildlife habitat con16 servation and restoration projects, including 

17 projects that benefit the greater sage-grouse in 

18 the County; 

19 (C) a project or activity carried out in the 

20 County to address drought conditions; 

21 (D) the implementation of wildfire 

22 presuppression and restoration projects in the 

23 County; 


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1 (E) the acquisition of environmentally sen2 sitive land or interests in environmentally sen3 sitive land in the County; 

4 (F) projects that secure public access to 

5 Federal land for hunting, fishing, and other 

6 recreational purposes through easements or 

7 rights-of-way in the County; and 

8 (G) the conduct of any surveys related to 

9 the designation of the wilderness areas under 

10 title III. 

11 (b) INVESTMENT OF SPECIAL ACCOUNT.—Any 

12 amounts deposited in the special account established 

13 under subsection (a)(3)— 

14 (1) shall earn interest in an amount determined 

15 by the Secretary of the Treasury, based on the cur16 rent average market yield on outstanding marketable 

17 obligations of the United States of comparable ma18 turities; and 

19 (2) may be expended by the Secretary in ac20 cordance with this section. 

21 (c) REPORTS.— 

22 (1) IN GENERAL.—Beginning with fiscal year 

23 2020, and once every 5 fiscal years thereafter, not 

24 later than 60 days after the last day of the pre25 ceding fiscal year, the Secretary shall submit to the 


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1 State, the County, and the appropriate committees 

2 of Congress a report on the operation of the special 

3 account established under subsection (a)(3) for the 

4 preceding 5 fiscal years. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include, for the fiscal year cov7 ered by the report— 

8 (A) a statement of the amounts deposited 

9 into the special account; 

10 (B) a description of the expenditures made 

11 from the special account for the fiscal year, in12 cluding the purpose of the expenditures; 

13 (C) recommendations for additional au14 thorities to fulfill the purpose of the special ac15 count; and 

16 (D) a statement of the balance remaining 

17 in the special account at the end of the fiscal 

18 year. 

19 TITLE II—LAND CONVEYANCES 

20 AND TRANSFERS 

21 SEC. 201. CONVEYANCES OF COVERED LAND. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED LAND.—The term ‘‘covered land’’ 

24 means any Federal land or interest in Federal land 


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1 in the County identified on the Map as ‘‘Covered 

2 Land’’. 

3 (2) MAP.—The term ‘‘Map’’ means the map en4 titled ‘‘Pershing County Land Conveyances and 

5 Transfers’’ and dated February 9, 2017. 

6 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

7 entity’’ means, with respect to a portion of covered 

8 land— 

9 (A) the owner of the mining claims, mill10 sites, or tunnel sites on a portion of the covered 

11 land on the date of enactment of this Act; 

12 (B) the lessee, or other successor in inter13 est of the owner— 

14 (i) with the right of possession of the 

15 mining claims, millsites, or tunnel sites on 

16 the covered land; 

17 (ii) that has paid (or whose agent has 

18 paid) the annual claim maintenance fee or 

19 filed a maintenance fee waiver on or before 

20 September 1, 2017, with the authority or 

21 consent of the owner, for the upcoming as22 sessment year for the mining claims, mill23 sites, or tunnel sites within the exterior 

24 boundary of the portion of covered land, as 

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1 nance fee records of the Bureau of Land 

2 Management as of the date of introduction 

3 of this Act; and 

4 (iii) that has the authority or consent 

5 of the owner to acquire the portion of cov6 ered land; or 

7 (C) a subsequent successor to the interest 

8 of a qualified entity in the covered land that 

9 has the authority or consent of the owner to ac10 quire the portion of covered land. 

11 (b) LAND CONVEYANCES.— 

12 (1) IN GENERAL.—Subject to paragraph (3), 

13 notwithstanding the inventory and land use planning 

14 requirements of sections 201 and 202 or the sales 

15 provisions of section 203 of the Federal Land Policy 

16 and Management Act of 1976 (43 U.S.C. 1711, 

17 1712, 1713), not later than 180 days after the date 

18 of enactment of this Act and subject to valid existing 

19 rights held by third parties and any mining claims, 

20 millsite, or tunnel site of a qualified entity applicable 

21 to the covered land, the Secretary shall offer for sale 

22 to qualified entities, for fair market value, the re23 maining right, title, and interest of the United 

24 States in and to the covered land. 


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1 (2) CONVEYANCE.—Not later than 1 year after 

2 the date of the acceptance of an offer under para3 graph (1) by a qualified entity and completion of a 

4 sale for all or part of the covered land to a qualified 

5 entity, the Secretary, by delivery of an appropriate 

6 deed, patent, or other valid instrument of convey7 ance, shall convey to the qualified entity, all remain8 ing right, title, and interest of the United States in 

9 and to the applicable portion of the covered land. 

10 (3) MERGER.—Subject to valid existing rights 

11 held by third parties, on delivery of the instrument 

12 of conveyance to the qualified entity under para13 graph (2), any prior interests in the locatable min14 erals and the right to use the surface for mineral 

15 purposes held by the qualified entity under a mining 

16 claim, millsite, tunnel site, or any other Federal land 

17 use authorization applicable to the covered land con18 veyed to the qualified entity shall merge with all 

19 right, title, and interest conveyed to the qualified en20 tity by the United States under this section to en21 sure that the qualified entity receives fee simple title 

22 to the purchased covered land. 

23 (4) APPRAISAL TO DETERMINE FAIR MARKET

24 VALUE.—The Secretary shall determine the fair 


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1 market value of the covered land to be conveyed 

2 under this subsection in accordance with— 

3 (A) the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

5 (B) the Uniform Standards of Professional 

6 Appraisal Practice. 

7 (5) COSTS.—As a condition of the conveyance 

8 of the covered land under this section, the qualified 

9 entity shall pay all costs related to the conveyance 

10 of the covered land conveyed, including the costs of 

11 surveys and other administrative costs associated 

12 with the conveyance. 

13 (6) AVAILABILITY OF MAP.—The Map shall be 

14 on file and available for public inspection in the ap15 propriate offices of the Bureau of Land Manage16 ment. 

17 (7) MINOR CORRECTIONS.—The Secretary, in 

18 consultation with the County, may correct minor er19 rors in the Map or a description of the covered land. 

20 (c) DISPOSITION OF PROCEEDS.—Any amounts col21 lected under this section shall be disposed of in accordance 

22 with section 104. 

23 (d) TERMINATION.—The authority of the Secretary 

24 to sell covered land under this section shall terminate on 


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1 the date that is 10 years after the date of enactment of 

2 this Act. 

3 SEC. 202. CONVEYANCE OF LAND FOR USE AS A PUBLIC 

4 CEMETERY. 

5 (a) IN GENERAL.—The Secretary shall convey to the 

6 County, without consideration, the Federal land described 

7 in subsection (b). 

8 (b) DESCRIPTION OF FEDERAL LAND.—The Federal 

9 land referred to in subsection (a) is the approximately 10 

10 acres of land depicted as ‘‘Unionville Cemetery’’ on the 

11 Map. 

12 (c) USE OF CONVEYED LAND.—The Federal land 

13 conveyed under subsection (a) shall be used by the County 

14 as a public cemetery. 

15 TITLE III—WILDERNESS AREAS 

16 SEC. 301. ADDITIONS TO THE NATIONAL WILDERNESS 

17 PRESERVATION SYSTEM. 

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

19 Act (16 U.S.C. 1131 et seq.), the following parcels of Fed20 eral land in the State are designated as wilderness and 

21 as components of the National Wilderness Preservation 

22 System: 

23 (1) CAIN MOUNTAIN WILDERNESS.—Certain 

24 Federal land managed by the Bureau of Land Man25 agement, comprising approximately 12,339 acres, as 


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1 generally depicted on the map entitled ‘‘Proposed 

2 Cain Mountain Wilderness’’ and dated February 9, 

3 2017, which shall be known as the ‘‘Cain Mountain 

4 Wilderness’’. 

5 (2) BLUEWING WILDERNESS.—Certain Federal 

6 land managed by the Bureau of Land Management, 

7 comprising approximately 24,900 acres, as generally 

8 depicted on the map entitled ‘‘Proposed Bluewing 

9 Wilderness’’ and dated February 9, 2017, which 

10 shall be known as the ‘‘Bluewing Wilderness’’. 

11 (3) SELENITE PEAK WILDERNESS.—Certain 

12 Federal land managed by the Bureau of Land Man13 agement, comprising approximately 22,822 acres, as 

14 generally depicted on the map entitled ‘‘Proposed 

15 Selenite Peak Wilderness’’ and dated February 9, 

16 2017, which shall be known as the ‘‘Selenite Peak 

17 Wilderness’’. 

18 (4) MOUNT LIMBO WILDERNESS.—Certain Fed19 eral land managed by the Bureau of Land Manage20 ment, comprising approximately 11,855 acres, as 

21 generally depicted on the map entitled ‘‘Proposed 

22 Mt. Limbo Wilderness’’ and dated February 9, 

23 2017, which shall be known as the ‘‘Mount Limbo 

24 Wilderness’’. 


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1 (5) NORTH SAHWAVE WILDERNESS.—Certain 

2 Federal land managed by the Bureau of Land Man3 agement, comprising approximately 13,875 acres, as 

4 generally depicted on the map entitled ‘‘Proposed 

5 North Sahwave Wilderness’’ and dated February 9, 

6 2017, which shall be known as the ‘‘North Sahwave 

7 Wilderness’’. 

8 (6) GRANDFATHERS’ WILDERNESS.—Certain 

9 Federal land managed by the Bureau of Land Man10 agement, comprising approximately 35,339 acres, as 

11 generally depicted on the map entitled ‘‘Proposed 

12 Grandfathers’ Wilderness’’ and dated February 9, 

13 2017, which shall be known as the ‘‘Grandfathers’ 

14 Wilderness’’. 

15 (7) FENCEMAKER WILDERNESS.—Certain Fed16 eral land managed by the Bureau of Land Manage17 ment, comprising approximately 14,942 acres, as 

18 generally depicted on the map entitled ‘‘Proposed 

19 Fencemaker Wilderness’’ and dated February 9, 

20 2017, which shall be known as the ‘‘Fencemaker 

21 Wilderness’’. 

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

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

24 feet from the centerline of the road. 

25 (c) MAP AND LEGAL DESCRIPTION.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall file a map and legal description of each wilder4 ness area. 

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

6 prepared under paragraph (1) shall have the same 

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

8 that the Secretary may correct clerical and typo9 graphical errors in the map or legal description. 

10 (3) AVAILABILITY.—Each map and legal de11 scription prepared under paragraph (1) shall be on 

12 file and available for public inspection in the appro13 priate offices of the Bureau of Land Management. 

14 (4) WITHDRAWAL.—Subject to valid existing 

15 rights, the wilderness areas designated by subsection 

16 (a) are withdrawn from— 

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

18 disposal under the public land laws; 

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

20 mining laws; and 

21 (C) disposition under all laws relating to 

22 mineral and geothermal leasing or mineral ma23 terials. 


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1 SEC. 302. ADMINISTRATION. 

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

3 the wilderness areas shall be administered by the Sec4 retary in accordance with the Wilderness Act (16 U.S.C. 

5 1131 et seq.), except that— 

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

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

8 of enactment of this Act; and 

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

10 of Agriculture shall be considered to be a reference 

11 to the Secretary. 

12 (b) LIVESTOCK.—The grazing of livestock in the wil13 derness areas, if established before the date of enactment 

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

15 reasonable regulations, policies, and practices as the Sec16 retary considers to be necessary in accordance with— 

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

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

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

20 the report of the Committee on Interior and Insular 

21 Affairs of the House of Representatives accom22 panying H.R. 2570 of the 101st Congress (House 

23 Report 101–405). 

24 (c) INCORPORATION OF ACQUIRED LAND AND INTER25 ESTS.—Any land or interest in land within the boundary 

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


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

2 and administered as part of the wilderness area. 

3 (d) ADJACENT MANAGEMENT.— 

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

5 the designation of the wilderness areas to create pro6 tective perimeters or buffer zones around the wilder7 ness areas. 

8 (2) NONWILDERNESS ACTIVITIES.—The fact 

9 that nonwilderness activities or uses can be seen or 

10 heard from areas within a wilderness area shall not 

11 preclude the conduct of those activities or uses out12 side the boundary of the wilderness area. 

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

14 restricts or precludes— 

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

16 the wilderness areas, including military overflights 

17 that can be seen or heard within the wilderness 

18 areas; 

19 (2) flight testing and evaluation; or 

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

21 special use airspace, or the establishment of military 

22 flight training routes, over the wilderness areas. 

23 (f) WILDFIRE, INSECT, AND DISEASE MANAGE24 MENT.—In accordance with section 4(d)(1) of the Wilder25 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 


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1 such measures in the wilderness areas as are necessary 

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

3 the Secretary determines to be appropriate, the coordina4 tion of the activities with a State or local agency). 

5 (g) CLIMATOLOGICAL DATA COLLECTION.—In ac6 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

7 and subject to such terms and conditions as the Secretary 

8 may prescribe, the Secretary may authorize the installa9 tion and maintenance of hydrologic, meteorologic, or cli10 matological data collection devices in the wilderness areas 

11 if the Secretary determines that the facilities and access 

12 to the facilities are essential to flood warning, flood con13 trol, or water reservoir operation activities. 

14 (h) WATER RIGHTS.— 

15 (1) FINDINGS.—Congress finds that— 

16 (A) the wilderness areas are located— 

17 (i) in the semiarid region of the Great 

18 Basin; and 

19 (ii) at the headwaters of the streams 

20 and rivers on land with respect to which 

21 there are few, if any— 

22 (I) actual or proposed water re23 source facilities located upstream; and 

24 (II) opportunities for diversion, 

25 storage, or other uses of water occurVerDate Sep 11 2014 00:41 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.RFS H1107

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1 ring outside the land that would ad2 versely affect the wilderness values of 

3 the land; 

4 (B) the wilderness areas are generally not 

5 suitable for use or development of new water re6 source facilities; and 

7 (C) because of the unique nature of the 

8 wilderness areas, it is possible to provide for 

9 proper management and protection of the wil10 derness and other values of land in ways dif11 ferent from those used in other laws. 

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

13 to protect the wilderness values of the wilderness 

14 areas by means other than a federally reserved water 

15 right. 

16 (3) STATUTORY CONSTRUCTION.—Nothing in 

17 this Act— 

18 (A) constitutes an express or implied res19 ervation by the United States of any water or 

20 water rights with respect to the wilderness 

21 areas; 

22 (B) affects any water rights in the State 

23 (including any water rights held by the United 

24 States) in existence on the date of enactment of 

25 this Act; 


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1 (C) establishes a precedent with regard to 

2 any future wilderness designations; 

3 (D) affects the interpretation of, or any 

4 designation made under, any other Act; or 

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

6 interstate compact or equitable apportionment 

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

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

10 follow the procedural and substantive requirements 

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

12 rights not in existence on the date of enactment of 

13 this Act with respect to the wilderness areas. 

14 (5) NEW PROJECTS.— 

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

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

18 the term ‘‘water resource facility’’ means 

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

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


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1 (ii) EXCLUSION.—In this paragraph, 

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

3 include wildlife guzzlers. 

4 (B) RESTRICTION ON NEW WATER RE5 SOURCE FACILITIES.—Except as otherwise pro6 vided in this Act, on and after the date of the 

7 enactment of this Act, neither the President nor 

8 any other officer, employee, or agent of the 

9 United States shall fund, assist, authorize, or 

10 issue a license or permit for the development of 

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

13 (i) TEMPORARY TELECOMMUNICATIONS DEVICE.— 

14 (1) IN GENERAL.—Nothing in this Act prevents 

15 the placement of a temporary telecommunications 

16 device for law enforcement or agency administrative 

17 purposes in the Selenite Peak Wilderness in accord18 ance with paragraph (2). 

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

21 Secretary under paragraph (1) shall— 

22 (A) be carried out in accordance with— 

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

24 1131 et seq.); and 


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1 (ii) all other applicable laws (including 

2 regulations); 

3 (B) to the maximum practicable, be located 

4 in such a manner as to minimize impacts on the 

5 recreational and other wilderness values of the 

6 area; and 

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

8 years. 

9 SEC. 303. WILDLIFE MANAGEMENT. 

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

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

12 nothing in this Act affects or diminishes the jurisdiction 

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

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

15 in the wilderness areas. 

16 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

17 the purposes and principles of the Wilderness Act (16 

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

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

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

25 (2) in accordance with— 


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

2 seq.); and 

3 (B) appropriate policies, such as those set 

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

6 House of Representatives accompanying H.R. 

7 2570 of the 101st Congress (House Report 

8 101–405), including noxious weed treatment 

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

11 Secretary, would promote healthy, viable, and 

12 more naturally distributed wildlife populations 

13 that would enhance wilderness values with the 

14 minimal impact necessary to reasonably accom15 plish those tasks. 

16 (c) EXISTING ACTIVITIES.—Consistent with section 

17 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

18 in accordance with appropriate policies such as those set 

19 forth in Appendix B of the Committee on Interior and In20 sular Affairs of the House of Representatives accom21 panying H.R. 2570 of the 101st Congress (House Report 

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

24 and provide water for wildlife populations, specifically 

25 sage-grouse, in the wilderness areas. 


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1 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

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

3 structures and facilities, including existing structures and 

4 facilities, for wildlife water development projects, including 

5 guzzlers, in the wilderness areas if— 

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

8 by promoting healthy, viable and more naturally dis9 tributed wildlife populations; and 

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

12 minimized. 

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

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

16 which, for reasons of public safety, administration, 

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

19 areas. 

20 (2) CONSULTATION.—Except in emergencies, 

21 the Secretary shall consult with the appropriate 

22 State agency and notify the public before taking any 

23 action under paragraph (1). 

24 (f) COOPERATIVE AGREEMENT.— 


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

3 activities in the wilderness areas— 

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

6 between the Secretary and the State entitled 

7 ‘‘Memorandum of Understanding between the 

8 Bureau of Land Management and the Nevada 

9 Department of Wildlife Supplement No. 9’’ and 

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

13 and 

14 (B) subject to all applicable laws (including 

15 regulations). 

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

17 purposes of this subsection, any references to Clark 

18 County in the cooperative agreement described in 

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

21 SEC. 304. RELEASE OF WILDERNESS STUDY AREAS. 

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

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

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


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

2 Range wilderness study areas that have not been des3 ignated as wilderness by section 301(a) and the portion 

4 of the Augusta Mountains wilderness study area within 

5 the County that has not been designated as wilderness by 

6 section 301(a) have been adequately studied for wilderness 

7 designation. 

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

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

11 Federal Land Policy and Management Act of 1976 

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

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

15 the Federal Land Policy and Management Act of 

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

17 SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

18 USES. 

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

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

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

24 the traditional collection of pine nuts in a wilderness area 


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

Passed the House of Representatives January 16, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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