II

103D CONGRESS

1ST SESSION S. 172

To establish the Spring Mountains National Recreation Area in Nevada,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. BRYAN (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 the Spring Mountains National Recreation Area

in Nevada, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) NATIONAL FOREST LANDS.—The term ‘‘Na9 tional Forest lands’’ means lands included in the

10 National Forest System (as defined in section 11(a)
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1 of the Forest and Rangeland Renewable Resources

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

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

4 Area’’ means the Spring Mountains National Recre5 ation Area established by section 4.

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

7 the Secretary of Agriculture.

8 SEC. 3. PURPOSES.

9 The purposes of this Act are to—

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

11 natural, wilderness, watershed, riparian, wildlife,

12 threatened and endangered species, and other values

13 contributing to public enjoyment and biological di14 versity in the Spring Mountains of Nevada;

15 (2) ensure appropriate conservation and man16 agement of natural recreation resources in the

17 Spring Mountains; and

18 (3) provide for the development of public recre19 ation opportunities in the Spring Mountains for the

20 enjoyment of present and future generations.

21 SEC. 4. ESTABLISHMENT OF RECREATION AREA.

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

23 there is established the Spring Mountains National Recre24 ation Area in Nevada.
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1 (b) BOUNDARIES AND MAP.—The Recreation Area

2 shall consist of approximately 316,000 acres of federally

3 owned lands and waters in the Toiyabe National Forest,

4 as generally depicted on a map entitled ‘‘Spring Mountain

5 National Recreation Area—Proposed’’, numbered NV–

6 CH, and dated August 2, 1992.

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

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

9 map of the Recreation Area with the Committee on En10 ergy and Natural Resources of the Senate and the Com11 mittee on Interior and Insular Affairs of the House of

12 Representatives.

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

14 and available for public inspection in the offices of the

15 Chief of the Forest Service, Department of Agriculture.

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

17 between the acreage referred to in subsection (b) and the

18 map described in subsection (b), the map described in sub19 section (b) shall control with respect to any question con20 cerning the boundaries of the Recreation Area.

21 SEC. 5. MANAGEMENT.

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

23 Chief of the Forest Service, shall manage the Recreation

24 Area in accordance with the laws applicable to the Na25 tional Forest System and this Act to provide for—
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1 (1) the conservation of scenic, scientific, his2 toric, cultural, and other values contributing to pub3 lic enjoyment;

4 (2) the conservation of fish and wildlife popu5 lations and habitat, including the use of prescribed

6 fire to improve or maintain habitat;

7 (3) the protection of watersheds and the main8 tenance of free flowing streams and the quality of

9 ground and surface waters in accordance with appli10 cable Federal and State law;

11 (4) public outdoor recreation benefits, including

12 hunting, fishing, trapping, hiking, horseback riding,

13 backpacking, rock climbing, camping, and nature

14 study;

15 (5) wilderness areas as designated by Congress

16 pursuant to the Wilderness Act (16 U.S.C. 1131 et

17 seq.); and

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

19 natural resources in a manner compatible with the

20 purposes for which the Recreation Area is estab21 lished.

22 (b) HUNTING, TRAPPING, AND FISHING.—

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

24 the Secretary shall permit hunting, trapping, fishing,

25 and habitat management within the Recreation Area
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1 in accordance with the laws of the United States and

2 the State of Nevada.

3 (2) EXCEPTIONS.—The Secretary, after con4 sultation with the Nevada Department of Wildlife,

5 may designate zones where and periods when hunt6 ing, trapping, or fishing shall not be permitted for

7 reasons of public safety, administration, or public

8 use and enjoyment.

9 (c) GRAZING.—The Secretary may permit the grazing

10 of livestock within the Recreation Area pursuant to Fed11 eral law and subject to such reasonable regulations, poli12 cies, and practices as the Secretary considers necessary.

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

14 shall preclude such reasonable measures as the Secretary

15 considers necessary to protect the land and resources in

16 the Recreation Area from fire or insect or disease infesta17 tion.

18 SEC. 6. MANAGEMENT PLAN.

19 (a) IN GENERAL.—

20 (1) PROCEDURES.—

21 (A) DEVELOPMENT OF PLAN.—Not later

22 than 3 full fiscal years after the date of enact23 ment of this Act, the Secretary shall develop a

24 general management plan for the Recreation
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1 Area as an amendment to the Toiyabe National

2 Forest Land and Resource Management Plan.

3 (B) SCOPE.—

4 (i) IN GENERAL.—Subject to clause

5 (ii), the amendment described in subpara6 graph (A) shall reflect the establishment of

7 the Recreation Area and be consistent with

8 this Act.

9 (ii) EFFECT ON TOIYABE PLAN.—

10 Nothing in this Act shall require the Sec11 retary to revise the Toiyabe National For12 est Land and Resource Management Plan

13 pursuant to section 6 of the Forest and

14 Rangeland Renewable Resources Planning

15 Act of 1974 (16 U.S.C. 1604).

16 (C) AVAILABILITY TO PUBLIC.—The gen17 eral management plan for the Recreation Area

18 shall be available to the public in a document

19 separate from the rest of the Toiyabe National

20 Forest Land and Resource Management Plan.

21 (2) CONTENTS.—The management plan de22 scribed in paragraph (1) shall be developed with full

23 public participation and shall include—

24 (A) implementation plans for a continuing

25 program of interpretation and public education
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1 about the resources and values of the Recre2 ation Area;

3 (B) proposals for public facilities to be de4 veloped, expanded, or improved for the Recre5 ation Area, including one or more visitor cen6 ters to accommodate both local and out-of-State

7 visitors;

8 (C) plans for the management of natural

9 and cultural resources in the Recreation Area,

10 with emphasis on the preservation and long11 term scientific use of archaeological resources,

12 with priority in development given to the en13 forcement of the Archaeological Resources Pro14 tection Act of 1979 (16 U.S.C. 470aa et seq.)

15 and the National Historic Preservation Act (16

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

17 (D) wildlife and fish resource management

18 plans for the Recreation Area prepared in con19 sultation with appropriate departments of the

20 State of Nevada and using other available stud21 ies of the Recreation Area;

22 (E) recreation management plans for the

23 Recreation Area prepared in consultation with

24 appropriate departments of the State of Ne25 vada;
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1 (F) wild horse and burro herd manage2 ment plans for the Recreation Area prepared in

3 consultation with appropriate departments and

4 commissions of the State of Nevada; and

5 (G) an inventory of all lands within the

6 Recreation Area not presently managed as Na7 tional Forest lands that will permit the Sec8 retary to evaluate possible future acquisitions.

9 (3) CONSULTATION.—The plans for the man10 agement of natural and cultural resources described

11 in paragraph (2)(C) shall be prepared in consulta12 tion with—

13 (A) the Advisory Council on Historic Pres14 ervation established by title II of the National

15 Historic Preservation Act (16 U.S.C. 470i et

16 seq.); and

17 (B) the Nevada State Department of Con18 servation and Natural Resources, Division of

19 Historic Preservation and Archaeology.

20 (b) WILDERNESS STUDY AREAS.—

21 (1) RECOMMENDATIONS.—The general manage22 ment plan for the Recreation Area shall include the

23 recommendations of the Bureau of Land Manage24 ment as to the suitability for preservation as wilder25 ness pursuant to the Wilderness Act (16 U.S.C.
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1 1131 et seq.) of the 89,270 acres identified as the

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

3 Wilderness Study Areas on the Bureau of Land

4 Management Wilderness Status Map, dated March

5 1990.

6 (2) MANAGEMENT.—Pending submission of a

7 recommendation and until otherwise directed by Act

8 of Congress, the Secretary, acting through the Chief

9 of the Forest Service, shall manage the lands and

10 waters within the wilderness study areas referred to

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

12 for inclusion within the National Wilderness Preser13 vation System.

14 SEC. 7. ACQUISITION OF LANDS.

15 (a) IN GENERAL.—The Secretary may acquire by do16 nation, purchase with donated or appropriated funds, ex17 change, bequest, or otherwise such lands, or lesser inter18 ests in lands (including mineral interests, water rights,

19 and scenic easements) as the Secretary determines are

20 necessary to carry out this Act.

21 (b) EXCHANGES OUT OF FEDERAL OWNERSHIP.—

22 Federally owned lands, waters, or interests in lands or wa23 ters located within the Recreation Area may not be ex24 changed except in connection with an exchange for lands,
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1 waters, or interests in lands or waters owned by the State

2 of Nevada or a political subdivision of the State.

3 (c) INCORPORATION OF ACQUIRED LANDS.—Any

4 lands, waters, or interests in lands or waters located with5 in the Recreation Area that are acquired by the United

6 States or are administratively transferred to the Secretary

7 after the date of enactment of this Act shall be incor8 porated into the Recreation Area and managed in accord9 ance with this Act and the laws applicable to the National

10 Forest System.

11 (d) LAND AND WATER CONSERVATION FUND.—

12 (1) BOUNDARIES.—For the purpose of section

13 7 of the Land and Water Conservation Fund Act of

14 1965 (16 U.S.C. 460l–9), when new boundaries are

15 established for a unit of the National Forest System

16 pursuant to subsection (c), the new boundaries shall

17 be treated as if they were the boundaries of the Na18 tional Forest as of January 1, 1965.

19 (2) AVAILABILITY OF FUNDS.—Money appro20 priated from the Land and Water Conservation

21 Fund shall be available for the acquisition of lands,

22 waters, and interests in lands and waters in further23 ance of the purposes of this Act.
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1 SEC. 8. WITHDRAWAL.

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

3 and except for the lands described in subsection (b), all

4 Federal lands within the Recreation Area and all lands,

5 waters, and interests in lands and waters within the

6 Recreation Area that are acquired by the United States

7 after the date of enactment of this Act are withdrawn

8 from—

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

10 under the public land laws;

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

12 laws; and

13 (3) operation under the mineral leasing and

14 geothermal leasing laws.

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

16 (a) have the following legal description:

S1⁄2 Sec. 23, W1⁄2E1⁄2 and W1⁄2 Sec. 27, E1⁄2E1 17 ⁄2

Sec. 28, E1⁄2E1⁄2 Sec. 33, and W1 18 ⁄2 Sec. 34, T 23

19 S, R 58 E, Mt. Diablo Meridian.

20 SEC. 9. COORDINATED MANAGEMENT.

21 The Secretary shall coordinate the management of

22 the Recreation Area with the management of all proximate

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

24 needs of the people of the United States.
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1 SEC. 10. COOPERATIVE AGREEMENTS.

2 In order to encourage unified and cost-effective man3 agement and interpretation of natural and cultural re4 sources in southern Nevada, the Secretary may enter into

5 cooperative agreements with other Federal, State, and

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

7 the management and interpretation of natural and cul8 tural resources in southern Nevada.

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated such sums

11 as are necessary to carry out this Act.

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