I 

116TH CONGRESS 

1ST SESSION H. R. 252 

To promote conservation, improve public land management, and provide for 

sensible development in Pershing County, Nevada, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2019 

Mr. AMODEI introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Pershing County Economic Development and Conserva6 tion Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means Per4 shing County, Nevada. 

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

6 the Secretary of the Interior. 

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

8 of Nevada. 

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

10 area’’ means a wilderness area designated by section 

11 301(a). 

12 TITLE I—CHECKERBOARD LAND 

13 RESOLUTION 

14 SEC. 101. FINDINGS. 

15 Congress finds that— 

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

17 (12 Stat. 489, chapter 120) (commonly known as 


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

2 railroad land grants along the Union Pacific Rail3 road right-of-way created a checkerboard land pat4 tern of alternating public land and privately owned 

5 land, management of the land in the checkerboard 

6 area has been a constant source of frustration for 

7 both private landholders and the Federal Govern8 ment; 

9 (2) management of Federal land in the checker10 board area has been costly and difficult for the Fed11 eral land management agencies, creating a disincen12 tive to manage the land effectively; 

13 (3) parcels of land within the checkerboard area 

14 in the County will not vary significantly in appraised 

15 value by acre due to the similarity of highest and 

16 best use in the County; and 

17 (4) consolidation of appropriate land within the 

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

19 exchanges for development and Federal management 

20 will— 

21 (A) help improve the tax base of the Coun22 ty; and 

23 (B) simplify management for the Federal 

24 Government. 


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1 SEC. 102. DEFINITIONS. 

2 In this title: 

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

4 means— 

5 (A) any land administered by the Director 

6 of the Bureau of Land Management that is 

7 within the area identified on the Map as 

8 ‘‘Checkerboard Lands Resolution Area’’ that is 

9 designated for disposal by the Secretary 

10 through— 

11 (i) the Winnemucca Consolidated Re12 source Management Plan; or 

13 (ii) any subsequent amendment or re14 vision to the management plan that is un15 dertaken with full public involvement; and 

16 (B) the land identified on the Map as ‘‘Ad17 ditional Lands Eligible for Disposal’’. 

18 (2) MAP.—The term ‘‘Map’’ means the map en19 titled ‘‘Pershing County Checkerboard Lands Reso20 lution’’ and dated February 9, 2017. 

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

22 (a) AUTHORIZATION OF CONVEYANCE.—Notwith23 standing sections 202 and 203, subsections (b) through 

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

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

26 1713, 1716, 1719), the Secretary, in cooperation with the 


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1 County, in accordance with this Act and any other applica2 ble law, and subject to valid existing rights, shall conduct 

3 sales or exchanges of the eligible land. 

4 (b) JOINT SELECTION REQUIRED.—The Secretary 

5 and the County shall jointly select which parcels of eligible 

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

7 (c) COMPLIANCE WITH LOCAL PLANNING AND ZON8 ING LAWS.—Before carrying out a sale or exchange under 

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

10 a certification that qualified bidders have agreed to comply 

11 with— 

12 (1) local zoning ordinances; and 

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

14 the County. 

15 (d) METHOD OF SALE OR EXCHANGE.— 

16 (1) IN GENERAL.—The sale or exchange of eli17 gible land under subsection (a) shall be— 

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

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

20 Federal Land Policy and Management Act of 

21 1976 (43 U.S.C. 1713, 1716(a)); and 

22 (B) conducted through— 

23 (i) a sale, which shall be— 

24 (I) through a competitive bidding 

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1 owners are offered the first option, 

2 unless otherwise determined by the 

3 Secretary; 

4 (II) for not less than fair market 

5 value, based on an appraisal in ac6 cordance with the Uniform Standards 

7 of Professional Appraisal Practice; 

8 and 

9 (III) conducted in accordance 

10 with subsection (f); or 

11 (ii) subject to paragraph (3), an acre12 for-acre exchange for private land located 

13 within a Management Priority Area identi14 fied under paragraph (4)(A). 

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

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

17 5 years thereafter, the Secretary shall— 

18 (A) conduct a mass appraisal of the eligi19 ble land to determine whether any parcel of eli20 gible land is likely valued at equal to or greater 

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

22 as measured by the Consumer Price Index); 

23 and 


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1 (B) make available to the public the results 

2 of the mass appraisal conducted under subpara3 graph (A). 

4 (3) EXCLUSION.— 

5 (A) IN GENERAL.—If the Secretary deter6 mines that a parcel of eligible land is likely val7 ued at equal to or greater than $500 per acre 

8 (in 2017 constant dollars, as measured by the 

9 Consumer Price Index) under paragraph 

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

11 from the acre-for-acre exchange described in 

12 paragraph (1)(B)(ii). 

13 (B) PUBLICATION IN FEDERAL REG14 ISTER.—If a mass appraisal of eligible land 

15 under paragraph (2)(A) is not finalized, or up16 to-date and publicly available, before an acre17 for-acre exchange described in paragraph 

18 (1)(B)(ii) is completed, the Secretary may final19 ize the exchange if the Secretary publishes in 

20 the Federal Register— 

21 (i) a determination stating that the 

22 one or more parcels of eligible land in23 cluded in the exchange are likely valued at 

24 less than $500 per acre (in 2017 constant 


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1 dollars, as measured by the Consumer 

2 Price Index); and 

3 (ii) a description of the methodology 

4 used to arrive at that determination. 

5 (4) MANAGEMENT PRIORITY AREAS.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), not later than 1 year after the date 

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

9 exchanges authorized under paragraph 

10 (1)(B)(ii), the Secretary— 

11 (i) shall identify Management Priority 

12 Areas within the Checkerboard Lands Res13 olution Area, as identified on the Map, 

14 that are considered by the Secretary to 

15 be— 

16 (I) greater sage-grouse habitat; 

17 (II) part of an identified wildlife 

18 corridor or designated critical habitat; 

19 (III) of value for outdoor recre20 ation or public access for hunting, 

21 fishing, and other recreational pur22 poses; 

23 (IV) of significant cultural, his24 toric, ecological, or scenic value; or 


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1 (V) of value for improving Fed2 eral land management; and 

3 (ii) as appropriate, may identify addi4 tional management priority areas in the 

5 County any time after the identification 

6 under clause (i) is completed. 

7 (B) LIMITATION.—Management of Federal 

8 land within any Management Priority Area 

9 identified under subparagraph (A) shall not be 

10 changed based solely on that identification. 

11 (e) WITHDRAWAL.— 

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

13 rights and mining claims for which the claims main14 tenance fees have been paid in the applicable assess15 ment year, effective on the date on which a parcel 

16 of eligible land is selected for sale or exchange under 

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

18 (A) all forms of entry and appropriation 

19 under the public land laws, including the min20 ing laws; 

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

22 mining laws; and 

23 (C) operation of the mineral leasing and 

24 geothermal leasing laws. 


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

2 of eligible land under paragraph (1) shall termi3 nate— 

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

5 exchange, the conveyance of title of the parcel 

6 of eligible land under this title; or 

7 (B) with respect to any parcel of eligible 

8 land selected for sale or exchange under sub9 section (b) that is not sold or exchanged, not 

10 later than 2 years after the date on which the 

11 parcel was offered for sale or exchange under 

12 this title. 

13 (f) PARAMETERS FOR SALE OR EXCHANGE.— 

14 (1) SALES.— 

15 (A) DEADLINE.—Except as provided in 

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

17 date of enactment of this Act, and not less fre18 quently than once per year thereafter until the 

19 date on which the limitation in subparagraph 

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

21 County requests a postponement under para22 graph (3), the Secretary shall offer for sale the 

23 parcels of eligible land jointly selected under 

24 subsection (b). 


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1 (B) LIMITATION.—The total acreage of eli2 gible land sold under this title shall consist of 

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

4 (2) DEADLINE FOR EXCHANGES.—Except as 

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

6 after the date on which the Management Priority 

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

8 not less frequently than once per year thereafter 

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

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

11 County requests a postponement under paragraph 

12 (3), the Secretary shall offer for exchange the par13 cels of eligible land jointly selected under subsection 

14 (b). 

15 (3) POSTPONEMENT; EXCLUSION FOR SALE OR

16 EXCHANGE.— 

17 (A) REQUEST BY COUNTY FOR POSTPONE18 MENT OR EXCLUSION.—At the request of the 

19 County, the Secretary shall postpone or exclude 

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

21 eligible land jointly selected under subsection 

22 (b). 

23 (B) INDEFINITE POSTPONEMENT.—Unless 

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1 ponement under subparagraph (A) shall not be 

2 indefinite. 

3 (C) POSTPONEMENT OR EXCLUSION BY

4 THE SECRETARY.—The Secretary may postpone 

5 or exclude from a sale or exchange all or a por6 tion of the eligible land jointly selected under 

7 subsection (b) for emergency ecological or safe8 ty reasons. 

9 SEC. 104. DISPOSITION OF PROCEEDS. 

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

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

12 (1) 5 percent shall be disbursed to the State for 

13 use in the general education program of the State; 

14 (2) 10 percent shall be disbursed to the County 

15 for use as determined through normal County budg16 eting procedures; and 

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

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

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

20 which shall be available to the Secretary, in con21 sultation with the County, for— 

22 (A) the reimbursement of costs incurred by 

23 the Department of the Interior in preparing for 

24 the sale or exchange of the eligible land, includ25 ing— 


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1 (i) the costs of surveys and appraisals; 

2 and 

3 (ii) the costs of compliance with the 

4 National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.) and sec6 tions 202 and 203 of the Federal Land 

7 Policy and Management Act of 1976 (43 

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

9 (B) the conduct of wildlife habitat con10 servation and restoration projects, including 

11 projects that benefit the greater sage-grouse in 

12 the County; 

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

14 County to address drought conditions; 

15 (D) the implementation of wildfire presup16 pression and restoration projects in the County; 

17 (E) the acquisition of environmentally sen18 sitive land or interests in environmentally sen19 sitive land in the County; 

20 (F) projects that secure public access to 

21 Federal land for hunting, fishing, and other 

22 recreational purposes through easements or 

23 rights-of-way in the County; and 


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1 (G) the conduct of any surveys related to 

2 the designation of the wilderness areas under 

3 title III. 

4 (b) INVESTMENT OF SPECIAL ACCOUNT.—Any 

5 amounts deposited in the special account established 

6 under subsection (a)(3)— 

7 (1) shall earn interest in an amount determined 

8 by the Secretary of the Treasury, based on the cur9 rent average market yield on outstanding marketable 

10 obligations of the United States of comparable ma11 turities; and 

12 (2) may be expended by the Secretary in ac13 cordance with this section. 

14 (c) REPORTS.— 

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

16 2020, and once every 5 fiscal years thereafter, not 

17 later than 60 days after the last day of the pre18 ceding fiscal year, the Secretary shall submit to the 

19 State, the County, and the appropriate committees 

20 of Congress a report on the operation of the special 

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

22 preceding 5 fiscal years. 

23 (2) CONTENTS.—Each report submitted under 

24 paragraph (1) shall include, for the fiscal year cov25 ered by the report— 


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1 (A) a statement of the amounts deposited 

2 into the special account; 

3 (B) a description of the expenditures made 

4 from the special account for the fiscal year, in5 cluding the purpose of the expenditures; 

6 (C) recommendations for additional au7 thorities to fulfill the purpose of the special ac8 count; and 

9 (D) a statement of the balance remaining 

10 in the special account at the end of the fiscal 

11 year. 

12 TITLE II—LAND CONVEYANCES 

13 AND TRANSFERS 

14 SEC. 201. CONVEYANCES OF COVERED LAND. 

15 (a) DEFINITIONS.—In this section: 

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

17 means any Federal land or interest in Federal land 

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

19 Land’’. 

20 (2) MAP.—The term ‘‘Map’’ means the map en21 titled ‘‘Pershing County Land Conveyances and 

22 Transfers’’ and dated February 9, 2017. 

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

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

25 land— 


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1 (A) the owner of the mining claims, mill2 sites, or tunnel sites on a portion of the covered 

3 land on the date of enactment of this Act; 

4 (B) the lessee, or other successor in inter5 est of the owner— 

6 (i) with the right of possession of the 

7 mining claims, millsites, or tunnel sites on 

8 the covered land; 

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

10 paid) the annual claim maintenance fee or 

11 filed a maintenance fee waiver on or before 

12 September 1, 2017, with the authority or 

13 consent of the owner, for the upcoming as14 sessment year for the mining claims, mill15 sites, or tunnel sites within the exterior 

16 boundary of the portion of covered land, as 

17 determined based on the claim mainte18 nance fee records of the Bureau of Land 

19 Management as of the date of introduction 

20 of this Act; and 

21 (iii) that has the authority or consent 

22 of the owner to acquire the portion of cov23 ered land; or 

24 (C) a subsequent successor to the interest 

25 of a qualified entity in the covered land that 


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1 has the authority or consent of the owner to ac2 quire the portion of covered land. 

3 (b) LAND CONVEYANCES.— 

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

5 notwithstanding the inventory and land use planning 

6 requirements of sections 201 and 202 or the sales 

7 provisions of section 203 of the Federal Land Policy 

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

9 1712, 1713), not later than 180 days after the date 

10 of enactment of this Act and subject to valid existing 

11 rights held by third parties and any mining claims, 

12 millsite, or tunnel site of a qualified entity applicable 

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

14 to qualified entities, for fair market value, the re15 maining right, title, and interest of the United 

16 States in and to the covered land. 

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

18 the date of the acceptance of an offer under para19 graph (1) by a qualified entity and completion of a 

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

21 entity, the Secretary, by delivery of an appropriate 

22 deed, patent, or other valid instrument of convey23 ance, shall convey to the qualified entity, all remain24 ing right, title, and interest of the United States in 

25 and to the applicable portion of the covered land. 


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

2 held by third parties, on delivery of the instrument 

3 of conveyance to the qualified entity under para4 graph (2), any prior interests in the locatable min5 erals and the right to use the surface for mineral 

6 purposes held by the qualified entity under a mining 

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

8 use authorization applicable to the covered land con9 veyed to the qualified entity shall merge with all 

10 right, title, and interest conveyed to the qualified en11 tity by the United States under this section to en12 sure that the qualified entity receives fee simple title 

13 to the purchased covered land. 

14 (4) APPRAISAL TO DETERMINE FAIR MARKET

15 VALUE.—The Secretary shall determine the fair 

16 market value of the covered land to be conveyed 

17 under this subsection in accordance with— 

18 (A) the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

20 (B) the Uniform Standards of Professional 

21 Appraisal Practice. 

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

23 of the covered land under this section, the qualified 

24 entity shall pay all costs related to the conveyance 

25 of the covered land conveyed, including the costs of 


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1 surveys and other administrative costs associated 

2 with the conveyance. 

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

4 on file and available for public inspection in the ap5 propriate offices of the Bureau of Land Manage6 ment. 

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

8 consultation with the County, may correct minor er9 rors in the Map or a description of the covered land. 

10 (c) DISPOSITION OF PROCEEDS.—Any amounts col11 lected under this section shall be disposed of in accordance 

12 with section 104. 

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

14 to sell covered land under this section shall terminate on 

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

16 this Act. 

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

18 CEMETERY. 

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

20 County, without consideration, the Federal land described 

21 in subsection (b). 

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

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

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

25 Map. 


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

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

3 as a public cemetery. 

4 TITLE III—WILDERNESS AREAS 

5 SEC. 301. ADDITIONS TO THE NATIONAL WILDERNESS 

6 PRESERVATION SYSTEM. 

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

8 Act (16 U.S.C. 1131 et seq.), the following parcels of Fed9 eral land in the State are designated as wilderness and 

10 as components of the National Wilderness Preservation 

11 System: 

12 (1) CAIN MOUNTAIN WILDERNESS.—Certain 

13 Federal land managed by the Bureau of Land Man14 agement, comprising approximately 12,339 acres, as 

15 generally depicted on the map entitled ‘‘Proposed 

16 Cain Mountain Wilderness’’ and dated February 9, 

17 2017, which shall be known as the ‘‘Cain Mountain 

18 Wilderness’’. 

19 (2) BLUEWING WILDERNESS.—Certain Federal 

20 land managed by the Bureau of Land Management, 

21 comprising approximately 24,900 acres, as generally 

22 depicted on the map entitled ‘‘Proposed Bluewing 

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

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


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1 (3) SELENITE PEAK WILDERNESS.—Certain 

2 Federal land managed by the Bureau of Land Man3 agement, comprising approximately 22,822 acres, as 

4 generally depicted on the map entitled ‘‘Proposed 

5 Selenite Peak Wilderness’’ and dated February 9, 

6 2017, which shall be known as the ‘‘Selenite Peak 

7 Wilderness’’. 

8 (4) MOUNT LIMBO WILDERNESS.—Certain Fed9 eral land managed by the Bureau of Land Manage10 ment, comprising approximately 11,855 acres, as 

11 generally depicted on the map entitled ‘‘Proposed 

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

13 2017, which shall be known as the ‘‘Mount Limbo 

14 Wilderness’’. 

15 (5) NORTH SAHWAVE WILDERNESS.—Certain 

16 Federal land managed by the Bureau of Land Man17 agement, comprising approximately 13,875 acres, as 

18 generally depicted on the map entitled ‘‘Proposed 

19 North Sahwave Wilderness’’ and dated February 9, 

20 2017, which shall be known as the ‘‘North Sahwave 

21 Wilderness’’. 

22 (6) GRANDFATHERS’ WILDERNESS.—Certain 

23 Federal land managed by the Bureau of Land Man24 agement, comprising approximately 35,339 acres, as 

25 generally depicted on the map entitled ‘‘Proposed 


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1 Grandfathers’ Wilderness’’ and dated February 9, 

2 2017, which shall be known as the ‘‘Grandfathers’ 

3 Wilderness’’. 

4 (7) FENCEMAKER WILDERNESS.—Certain Fed5 eral land managed by the Bureau of Land Manage6 ment, comprising approximately 14,942 acres, as 

7 generally depicted on the map entitled ‘‘Proposed 

8 Fencemaker Wilderness’’ and dated February 9, 

9 2017, which shall be known as the ‘‘Fencemaker 

10 Wilderness’’. 

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

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

13 feet from the centerline of the road. 

14 (c) MAP AND LEGAL DESCRIPTION.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall file a map and legal description of each wilder18 ness area. 

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

20 prepared under paragraph (1) shall have the same 

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

22 that the Secretary may correct clerical and typo23 graphical errors in the map or legal description. 

24 (3) AVAILABILITY.—Each map and legal de25 scription prepared under paragraph (1) shall be on 


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1 file and available for public inspection in the appro2 priate offices of the Bureau of Land Management. 

3 (4) WITHDRAWAL.—Subject to valid existing 

4 rights, the wilderness areas designated by subsection 

5 (a) are withdrawn from— 

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

7 disposal under the public land laws; 

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

9 mining laws; and 

10 (C) disposition under all laws relating to 

11 mineral and geothermal leasing or mineral ma12 terials. 

13 SEC. 302. ADMINISTRATION. 

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

15 the wilderness areas shall be administered by the Sec16 retary in accordance with the Wilderness Act (16 U.S.C. 

17 1131 et seq.), except that— 

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

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

20 of enactment of this Act; and 

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

22 of Agriculture shall be considered to be a reference 

23 to the Secretary. 

24 (b) LIVESTOCK.—The grazing of livestock in the wil25 derness areas, if established before the date of enactment 


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

2 reasonable regulations, policies, and practices as the Sec3 retary considers to be necessary in accordance with— 

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

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

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

7 the report of the Committee on Interior and Insular 

8 Affairs of the House of Representatives accom9 panying H.R. 2570 of the 101st Congress (House 

10 Report 101–405). 

11 (c) INCORPORATION OF ACQUIRED LAND AND INTER12 ESTS.—Any land or interest in land within the boundary 

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

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

15 and administered as part of the wilderness area. 

16 (d) ADJACENT MANAGEMENT.— 

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

18 the designation of the wilderness areas to create pro19 tective perimeters or buffer zones around the wilder20 ness areas. 

21 (2) NONWILDERNESS ACTIVITIES.—The fact 

22 that nonwilderness activities or uses can be seen or 

23 heard from areas within a wilderness area shall not 

24 preclude the conduct of those activities or uses out25 side the boundary of the wilderness area. 


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

2 restricts or precludes— 

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

4 the wilderness areas, including military overflights 

5 that can be seen or heard within the wilderness 

6 areas; 

7 (2) flight testing and evaluation; or 

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

9 special use airspace, or the establishment of military 

10 flight training routes, over the wilderness areas. 

11 (f) WILDFIRE, INSECT, AND DISEASE MANAGE12 MENT.—In accordance with section 4(d)(1) of the Wilder13 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 

14 such measures in the wilderness areas as are necessary 

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

16 the Secretary determines to be appropriate, the coordina17 tion of the activities with a State or local agency). 

18 (g) CLIMATOLOGICAL DATA COLLECTION.—In ac19 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

20 and subject to such terms and conditions as the Secretary 

21 may prescribe, the Secretary may authorize the installa22 tion and maintenance of hydrologic, meteorologic, or cli23 matological data collection devices in the wilderness areas 

24 if the Secretary determines that the facilities and access 


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1 to the facilities are essential to flood warning, flood con2 trol, or water reservoir operation activities. 

3 (h) WATER RIGHTS.— 

4 (1) FINDINGS.—Congress finds that— 

5 (A) the wilderness areas are located— 

6 (i) in the semiarid region of the Great 

7 Basin; and 

8 (ii) at the headwaters of the streams 

9 and rivers on land with respect to which 

10 there are few, if any— 

11 (I) actual or proposed water re12 source facilities located upstream; and 

13 (II) opportunities for diversion, 

14 storage, or other uses of water occur15 ring outside the land that would ad16 versely affect the wilderness values of 

17 the land; 

18 (B) the wilderness areas are generally not 

19 suitable for use or development of new water re20 source facilities; and 

21 (C) because of the unique nature of the 

22 wilderness areas, it is possible to provide for 

23 proper management and protection of the wil24 derness and other values of land in ways dif25 ferent from those used in other laws. 


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

2 to protect the wilderness values of the wilderness 

3 areas by means other than a federally reserved water 

4 right. 

5 (3) STATUTORY CONSTRUCTION.—Nothing in 

6 this Act— 

7 (A) constitutes an express or implied res8 ervation by the United States of any water or 

9 water rights with respect to the wilderness 

10 areas; 

11 (B) affects any water rights in the State 

12 (including any water rights held by the United 

13 States) in existence on the date of enactment of 

14 this Act; 

15 (C) establishes a precedent with regard to 

16 any future wilderness designations; 

17 (D) affects the interpretation of, or any 

18 designation made under, any other Act; or 

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

20 interstate compact or equitable apportionment 

21 decree that apportions water among and be22 tween the State and other States. 

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

24 follow the procedural and substantive requirements 

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


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1 rights not in existence on the date of enactment of 

2 this Act with respect to the wilderness areas. 

3 (5) NEW PROJECTS.— 

4 (A) DEFINITION OF WATER RESOURCE FA5 CILITY.— 

6 (i) IN GENERAL.—In this paragraph, 

7 the term ‘‘water resource facility’’ means 

8 irrigation and pumping facilities, res9 ervoirs, water conservation works, aque10 ducts, canals, ditches, pipelines, wells, hy11 dropower projects, transmission and other 

12 ancillary facilities, and other water diver13 sion, storage, and carriage structures. 

14 (ii) EXCLUSION.—In this paragraph, 

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

16 include wildlife guzzlers. 

17 (B) RESTRICTION ON NEW WATER RE18 SOURCE FACILITIES.—Except as otherwise pro19 vided in this Act, on and after the date of the 

20 enactment of this Act, neither the President nor 

21 any other officer, employee, or agent of the 

22 United States shall fund, assist, authorize, or 

23 issue a license or permit for the development of 

24 any new water resource facility within the wil25 derness areas. 


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1 (i) TEMPORARY TELECOMMUNICATIONS DEVICE.— 

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

3 the placement of a temporary telecommunications 

4 device for law enforcement or agency administrative 

5 purposes in the Selenite Peak Wilderness in accord6 ance with paragraph (2). 

7 (2) ADDITIONAL REQUIREMENTS.—Any tem8 porary telecommunications device authorized by the 

9 Secretary under paragraph (1) shall— 

10 (A) be carried out in accordance with— 

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

12 1131 et seq.); and 

13 (ii) all other applicable laws (including 

14 regulations); 

15 (B) to the maximum practicable, be located 

16 in such a manner as to minimize impacts on the 

17 recreational and other wilderness values of the 

18 area; and 

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

20 years. 

21 SEC. 303. WILDLIFE MANAGEMENT. 

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

23 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

24 nothing in this Act affects or diminishes the jurisdiction 

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


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

2 in the wilderness areas. 

3 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

4 the purposes and principles of the Wilderness Act (16 

5 U.S.C. 1131 et seq.), the Secretary may conduct any man6 agement activities in the wilderness areas that are nec7 essary to maintain or restore fish and wildlife populations 

8 and the habitats to support the populations, if the activi9 ties are carried out— 

10 (1) consistent with relevant wilderness manage11 ment plans; and 

12 (2) in accordance with— 

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

14 seq.); and 

15 (B) appropriate policies, such as those set 

16 forth in Appendix B of the report of the Com17 mittee on Interior and Insular Affairs of the 

18 House of Representatives accompanying H.R. 

19 2570 of the 101st Congress (House Report 

20 101–405), including noxious weed treatment 

21 and the occasional and temporary use of motor22 ized vehicles if the use, as determined by the 

23 Secretary, would promote healthy, viable, and 

24 more naturally distributed wildlife populations 

25 that would enhance wilderness values with the 


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1 minimal impact necessary to reasonably accom2 plish those tasks. 

3 (c) EXISTING ACTIVITIES.—Consistent with section 

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

5 in accordance with appropriate policies such as those set 

6 forth in Appendix B of the Committee on Interior and In7 sular Affairs of the House of Representatives accom8 panying H.R. 2570 of the 101st Congress (House Report 

9 101–405), the State may continue to use aircraft, includ10 ing helicopters, to survey, capture, transplant, monitor, 

11 and provide water for wildlife populations, specifically 

12 sage-grouse, in the wilderness areas. 

13 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

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

15 structures and facilities, including existing structures and 

16 facilities, for wildlife water development projects, including 

17 guzzlers, in the wilderness areas if— 

18 (1) the structures and facilities will, as deter19 mined by the Secretary, enhance wilderness values 

20 by promoting healthy, viable and more naturally dis21 tributed wildlife populations; and 

22 (2) the visual impacts of the structures and fa23 cilities on the wilderness areas can reasonably be 

24 minimized. 

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


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1 (1) IN GENERAL.—The Secretary may des2 ignate areas in which, and establish periods during 

3 which, for reasons of public safety, administration, 

4 or compliance with applicable laws, no hunting, fish5 ing, or trapping will be permitted in the wilderness 

6 areas. 

7 (2) CONSULTATION.—Except in emergencies, 

8 the Secretary shall consult with the appropriate 

9 State agency and notify the public before taking any 

10 action under paragraph (1). 

11 (f) COOPERATIVE AGREEMENT.— 

12 (1) IN GENERAL.—The State, including a des13 ignee of the State, may conduct wildlife management 

14 activities in the wilderness areas— 

15 (A) in accordance with the terms and con16 ditions specified in the cooperative agreement 

17 between the Secretary and the State entitled 

18 ‘‘Memorandum of Understanding between the 

19 Bureau of Land Management and the Nevada 

20 Department of Wildlife Supplement No. 9’’ and 

21 signed November and December 2003, includ22 ing any amendments to the cooperative agree23 ment agreed to by the Secretary and the State; 

24 and 


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1 (B) subject to all applicable laws (including 

2 regulations). 

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

4 purposes of this subsection, any references to Clark 

5 County in the cooperative agreement described in 

6 paragraph (1)(A) shall be considered to be a ref7 erence to the wilderness areas. 

8 SEC. 304. RELEASE OF WILDERNESS STUDY AREAS. 

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

10 of section 603(c) of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

12 48,600 acres of public land in the portions of the China 

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

14 Range wilderness study areas that have not been des15 ignated as wilderness by section 301(a) and the portion 

16 of the Augusta Mountains wilderness study area within 

17 the County that has not been designated as wilderness by 

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

19 designation. 

20 (b) RELEASE.—The public land described in sub21 section (a)— 

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

23 Federal Land Policy and Management Act of 1976 

24 (43 U.S.C. 1782(c)); and 


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1 (2) shall be managed in accordance with the ap2 plicable land use plans adopted under section 202 of 

3 the Federal Land Policy and Management Act of 

4 1976 (43 U.S.C. 1712). 

5 SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

6 USES. 

7 (a) IN GENERAL.—Nothing in this title alters or di8 minishes the treaty rights of any Indian tribe (as defined 

9 in section 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 5304)). 

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

12 the traditional collection of pine nuts in a wilderness area 

13 for personal, noncommercial use consistent with the Wil14 derness Act (16 U.S.C. 1131 et seq.). 

Æ 


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