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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5205 Reported in House (RH)]

                                                 Union Calendar No. 440
113th CONGRESS
  2d Session
                                H. R. 5205

                          [Report No. 113-593]

    To authorize certain land conveyances involving public lands in 
 northern Nevada to promote economic development and conservation, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2014

  Mr. Amodei (for himself, Mr. Horsford, Mr. Heck of Nevada, and Ms. 
    Titus) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                           September 15, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 2014]

_______________________________________________________________________

                                 A BILL

 
    To authorize certain land conveyances involving public lands in 
 northern Nevada to promote economic development and conservation, and 
                          for other purposes.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northern Nevada 
Land Conservation and Economic Development Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

         TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Addition to National Wilderness Preservation System.
Sec. 104. Administration.
Sec. 105. Release of wilderness study areas.
Sec. 106. Wildlife management.
Sec. 107. Land exchanges.
Sec. 108. Native American cultural and religious uses.

    TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT

Sec. 201. Short title; table of contents.
Sec. 202. Land conveyance to Yerington, Nevada.
Sec. 203. Addition to National Wilderness Preservation System.
Sec. 204. Withdrawal.
Sec. 205. Native American cultural and religious uses.

           TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT

Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.

           TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT

Sec. 401. Definitions.
Sec. 402. Conveyance of certain Federal land to City of Fernley, 
                            Nevada.
Sec. 403. Release of United States.

                  TITLE V--RESTORING STOREY COUNTY ACT

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Conveyance of Federal land in Storey County, Nevada.

           TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT

Sec. 601. Short title.
Sec. 602. Definition of Secretary.

               Subtitle A--Elko Motocross Land Conveyance

Sec. 611. Definitions.
Sec. 612. Conveyance of land to Elko County.

Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of 
                           Nevada (Elko Band)

Sec. 621. Land to be held in trust for the Te-moak Tribe of Western 
                            Shoshone Indians of Nevada (Elko Band).

 TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT

Sec. 701. Short title.
Sec. 702. Transfer of Department of the Interior land.
Sec. 703. Water rights.
Sec. 704. Withdrawal.

         TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Pine Forest Range Recreation 
Enhancement Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) County.--The term ``County'' means Humboldt County, 
        Nevada.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Proposed Pine Forest Range Wilderness Area'' and dated 
        October 28, 2013.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Wilderness.--The term ``Wilderness'' means the Pine 
        Forest Range Wilderness designated by section 103(a).

SEC. 103. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal 
land managed by the Bureau of Land Management, as generally depicted on 
the Map, is designated as wilderness and as a component of the National 
Wilderness Preservation System, to be known as the ``Pine Forest Range 
Wilderness''.
    (b) Boundary.--
            (1) Road access.--The boundary of any portion of the 
        Wilderness that is bordered by a road shall be 100 feet from 
        the edge of the road.
            (2) Road adjustments.--The Secretary shall--
                    (A) reroute the road running through Long Meadow to 
                the west to remove the road from the riparian area;
                    (B) reroute the road currently running through 
                Rodeo Flat/Corral Meadow to the east to remove the road 
                from the riparian area;
                    (C) except for administrative use, close the road 
                along Lower Alder Creek south of Bureau of Land 
                Management road #2083;
                    (D) manage the access road, through Little Onion 
                Basin, on the east side of the wet meadow to retain 
                travel only on the road existing on the date of the 
                enactment of this Act; and
                    (E) permanently leave open the Cove Creek road to 
                Little Onion Basin, but close connecting spur roads.
            (3) Little onion basin.--Remove Little Onion Basin from the 
        boundaries of the Wilderness and from wilderness designation.
            (4) Reservoir access.--The access road to the Little Onion 
        Reservoir dam will remain open and the boundary of the 
        Wilderness shall be 160 feet downstream from the dam at Little 
        Onion Reservoir to allow public access and dam maintenance.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Wilderness.
            (2) Effect.--The map and legal description prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        clerical and typographical errors in the map or legal 
        description.
            (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Bureau of Land 
        Management.
    (d) Withdrawal.--Subject to valid existing rights, the Wilderness 
is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.

SEC. 104. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the Wilderness 
shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in the Wilderness Act to the effective 
        date of that Act shall be considered to be a reference to the 
        date of enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary.
    (b) Livestock.--The grazing of livestock in the Wilderness, if 
established before the date of enactment of this Act, is compatible 
with the Wilderness designation and shall continue, subject to such 
reasonable regulations, policies, and practices as the Secretary 
considers to be necessary in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the report of 
        the Committee on Interior and Insular Affairs of the House of 
        Representatives accompanying H.R. 2570 of the 101st Congress 
        (House Report 101-405).
    (c) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the Wilderness to create a protective perimeter 
        or buffer zone around the Wilderness.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen, heard, or detected from areas 
        within the Wilderness shall not preclude, limit, control, 
        regulate or determine the conduct or management of the 
        activities or uses outside the boundary of the Wilderness.
    (d) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        Wilderness, including military overflights that can be seen, 
        heard, or detected within the Wilderness;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the Wilderness.
    (e) Wildfire, Insect, and Disease Management.--In accordance with 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 
Secretary may take such measures in the Wilderness as are necessary for 
the control of fire, insects, and diseases (including, as the Secretary 
determines to be appropriate, the coordination of the activities with a 
State or local agency).
    (f) Wildfire Management Operations.--Nothing in this Act shall be 
construed to preclude a Federal, State, or local agency from conducting 
wildfire management or prevention operations (including operations 
using aircraft or mechanized equipment) or to interfere with the 
authority of the Secretary to authorize mechanical thinning of trees or 
underbrush to prevent or control the spread of wildfires or the use of 
mechanized equipment for wildfire pre-suppression and suppression.
    (g) Water Rights.--
            (1) Purpose.--The purpose of this subsection is to protect 
        the wilderness recreation value of the land designated as 
        wilderness by this title by means other than a federally 
        reserved water right.
            (2) Statutory construction.--Nothing in this title--
                    (A) constitutes an express or implied reservation 
                by the United States of any water or water rights with 
                respect to the Wilderness;
                    (B) affects any water rights in the State 
                (including any water rights held by the United States) 
                in existence on the date of enactment of this Act;
                    (C) establishes a precedent with regard to any 
                future wilderness designations;
                    (D) affects the interpretation of, or any 
                designation made under, any other Act; or
                    (E) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (3) Nevada water law.--The Secretary shall follow the 
        procedural and substantive requirements of State law in order 
        to obtain and hold any water rights not in existence on the 
        date of enactment of this Act with respect to the Wilderness.
            (4) New projects.--
                    (A) Definition of water resource facility.--
                            (i) In general.--In this paragraph, the 
                        term ``water resource facility'' means 
                        irrigation and pumping facilities, reservoirs, 
                        water conservation works, aqueducts, canals, 
                        ditches, pipelines, wells, hydropower projects, 
                        transmission and other ancillary facilities, 
                        and other water diversion, storage, and 
                        carriage structures.
                            (ii) Exclusion.--In this paragraph, the 
                        term ``water resource facility'' does not 
                        include wildlife guzzlers.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this title, on or after 
                the date of enactment of this Act, neither the 
                President nor any other officer, employee, or agent of 
                the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new water resource facility within the Wilderness, any 
                portion of which is located in the County.

SEC. 105. RELEASE OF WILDERNESS STUDY AREAS.

    (a) In General.--The Blue Lakes and Alder Creek wilderness study 
areas not designated as wilderness by section 103(a) have been 
adequately studied for wilderness character and wilderness designation 
pursuant to section 603 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1782) and are no longer subject to any requirement 
pertaining to the management of wilderness or wilderness study areas, 
including the approximately 990 acres in the following locations:
            (1) Lower Adler Creek Basin.
            (2) Little Onion Basin.
            (3) Lands east of Knott Creek reservoir.
            (4) Portions of Corral Meadow and the Blue Lakes trailhead.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this Act--
            (1) is no longer subject to--
                    (A) section 603(c) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1782(c)); and
                    (B) Secretarial Order 3310 issued on December 22, 
                2010;
            (2) shall be managed in accordance with--
                    (A) land management plans adopted under section 202 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1712); and
                    (B) cooperative conservation agreements in 
                existence on the date of enactment of this Act; and
            (3) shall be subject to the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.).

SEC. 106. WILDLIFE MANAGEMENT.

    (a) In General.--In accordance with section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or 
diminishes the jurisdiction of the State with respect to fish and 
wildlife management, including the regulation of hunting, fishing, and 
trapping, in the Wilderness.
    (b) Management Activities.--In furtherance of the purposes and 
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the 
Secretary may conduct any management activities in the Wilderness that 
are necessary to maintain or restore fish and wildlife populations and 
the habitats to support those populations, if the activities are 
carried out--
            (1) consistent with relevant wilderness management plans; 
        and
            (2) in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (B) appropriate policies, such as those set forth 
                in Appendix B of the report of the Committee on 
                Interior and Insular Affairs of the House of 
                Representatives accompanying H.R. 2570 of the 101st 
                Congress (House Report 101-405), including the 
                occasional and temporary use of motorized vehicles if 
                the use, as determined by the Secretary, would promote 
                healthy, viable, and more naturally distributed 
                wildlife populations that would enhance wilderness 
                recreation with the minimal impact necessary to 
                reasonably accomplish those tasks, including but not 
                limited to, the hunting or culling of wildlife and 
                access for persons with disabilities.
    (c) Existing Activities.--Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with 
appropriate policies such as those set forth in Appendix B of the 
report of the Committee on Interior and Insular Affairs of the House of 
Representatives accompanying H.R. 2570 of the 101st Congress (House 
Report 101-405), the State may continue to use aircraft, including 
helicopters, to survey, capture, transplant, monitor, and provide water 
for wildlife in the Wilderness.
    (d) Emergency Closures.--Nothing in this title prohibits a Federal 
land management agency from establishing or implementing emergency 
closures or restrictions of the smallest practicable area to provide 
for public safety, resource conservation, national security, or other 
purposes as authorized by law. Such an emergency closure shall 
terminate after a reasonable period of time, but no longer than one 
year, unless converted to a permanent closure consistent with Federal 
statute.
    (e) Memorandum of Understanding.--
            (1) In general.--The State, including a designee of the 
        State, may conduct wildlife management activities in the 
        Wilderness--
                    (A) in accordance with the terms and conditions 
                specified in the cooperative agreement between the 
                Secretary and the State entitled ``Memorandum of 
                Understanding between the Bureau of Land Management and 
                the Nevada Department of Wildlife Supplement No. 9'' 
                and signed November and December 2003, including any 
                amendments to the cooperative agreement agreed to by 
                the Secretary and the State; and
                    (B) subject to all applicable laws (including 
                regulations).
            (2) References; clark county.--For the purposes of this 
        subsection, any reference to Clark County in the cooperative 
        agreement described in paragraph (1)(A) shall be considered to 
        be a reference to the Pine Forest Range Wilderness.

SEC. 107. LAND EXCHANGES.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means Federal 
        land in the County that is identified for disposal by the 
        Secretary through the Winnemucca Resource Management Plan.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        land identified on the Map as ``non-Federal lands for 
        exchange''.
    (b) Acquisition of Land and Interests in Land.--Consistent with 
applicable law and subject to subsection (c), the Secretary may 
exchange the Federal land for non-Federal land.
    (c) Conditions.--Each land exchange under subsection (a) shall be 
subject to--
            (1) the condition that the owner of the non-Federal land 
        pay not less than 50 percent of all costs relating to the land 
        exchange, including the costs of appraisals, surveys, and any 
        necessary environmental clearances; and
            (2) such additional terms and conditions as the Secretary 
        may require.
    (d) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchanges under this section be completed by not 
later than 5 years after the date of enactment of this Act.

SEC. 108. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title alters or diminishes the treaty rights of any 
Indian tribe (as defined in section 204 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).

    TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

    This title may be cited as the ``Lyon County Economic Development 
and Conservation Act''.

SEC. 202. LAND CONVEYANCE TO YERINGTON, NEVADA.

    (a) Definitions.--In this section:
            (1) City.--The term ``City'' means the city of Yerington, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the land 
        located in Lyon County and Mineral County, Nevada, that is 
        identified on the map as ``City of Yerington Sustainable 
        Development Conveyance Lands''.
            (3) Map.--The term ``map'' means the map entitled 
        ``Yerington Land Conveyance'' and dated December 19, 2012.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Conveyances of Land to City of Yerington, Nevada.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, subject to valid existing rights and 
        notwithstanding the land use planning requirements of sections 
        202 and 203 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the 
        City, subject to the agreement of the City, all right, title, 
        and interest of the United States in and to the Federal land 
        identified on the map.
            (2) Appraisal to determine fair market value.--The 
        Secretary shall determine the fair market value of the Federal 
        land to be conveyed--
                    (A) in accordance with the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (B) based on an appraisal that is conducted in 
                accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisition; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management.
            (4) Applicable law.--Beginning on the date on which the 
        Federal land is conveyed to the City, the development of and 
        conduct of activities on the Federal land shall be subject to 
        all applicable Federal laws (including regulations).
            (5) Costs.--As a condition of the conveyance of the Federal 
        land under paragraph (1), the City shall pay--
                    (A) an amount equal to the appraised value 
                determined in accordance with paragraph (2); and
                    (B) all costs related to the conveyance, including 
                all surveys, appraisals, and other administrative costs 
                associated with the conveyance of the Federal land to 
                the City under paragraph (1).

SEC. 203. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Definitions.--In this section:
            (1) County.--The term ``County'' means Lyon County, Nevada.
            (2) Map.--The term ``map'' means the map entitled ``Wovoka 
        Wilderness Area'' and dated December 18, 2012.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Wilderness.--The term ``Wilderness'' means the 
        approximately 47,449 acres to be known as the Wovoka Wilderness 
        designated by subsection (b)(1).
    (b) Addition to National Wilderness Preservation System.--
            (1) Designation.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land 
        managed by the Forest Service, as generally depicted on the 
        Map, is designated as wilderness and as a component of the 
        National Wilderness Preservation System, to be known as the 
        ``Wovoka Wilderness''.
            (2) Boundary.--The boundary of any portion of the 
        Wilderness that is bordered by a road shall be 150 feet from 
        the centerline of the road.
            (3) Map and legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                prepare a map and legal description of the Wilderness.
                    (B) Effect.--The map and legal description prepared 
                under subparagraph (A) shall have the same force and 
                effect as if included in this section, except that the 
                Secretary may correct any clerical and typographical 
                errors in the map or legal description.
                    (C) Availability.--Each map and legal description 
                prepared under subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                offices of the Forest Service.
            (4) Withdrawal.--Subject to valid existing rights, the 
        Wilderness is withdrawn from--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws relating to mineral 
                and geothermal leasing or mineral materials.
    (c) Administration.--
            (1) Management.--Subject to valid existing rights, the 
        Wilderness shall be administered by the Secretary in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 
        any reference in that Act to the effective date shall be 
        considered to be a reference to the date of enactment of this 
        Act.
            (2) Livestock.--The grazing of livestock in the Wilderness, 
        if established before the date of enactment of this Act, shall 
        continue, subject to such reasonable regulations, policies, and 
        practices as the Secretary considers to be necessary, in 
        accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (House Report 101-405).
            (3) Adjacent management.--
                    (A) In general.--Congress does not intend for the 
                designation of the Wilderness to create a protective 
                perimeter or buffer zone around the Wilderness.
                    (B) Nonwilderness activities.--The fact that 
                nonwilderness activities or uses can be seen, heard, or 
                detected from areas within the Wilderness shall not 
                preclude, limit, control, regulate, or determine the 
                conduct of the activities or uses outside the boundary 
                of the Wilderness.
            (4) Overflights.--Nothing in this section restricts or 
        precludes--
                    (A) low-level overflights of aircraft over the 
                Wilderness, including military overflights that can be 
                seen, heard, or detected within the Wilderness;
                    (B) flight testing and evaluation; or
                    (C) the designation or creation of new units of 
                special use airspace, or the establishment of military 
                flight training routes, over the Wilderness.
            (5) Wildfire, insect, and disease management.--In 
        accordance with section 4(d)(1) of the Wilderness Act (16 
        U.S.C. 1133(d)(1)), the Secretary may take any measures in the 
        Wilderness that the Secretary determines to be necessary for 
        the control of fire, insects, and diseases, including, as the 
        Secretary determines to be appropriate, the coordination of the 
        activities with a State or local agency.
            (6) Water rights.--
                    (A) Purpose.--The purpose of this paragraph is to 
                protect the wilderness values of the Wilderness by 
                means other than a federally reserved water right.
                    (B) Statutory construction.--Nothing in this 
                paragraph--
                            (i) constitutes an express or implied 
                        reservation by the United States of any water 
                        or water rights with respect to the Wilderness;
                            (ii) affects any water rights in the State 
                        (including any water rights held by the United 
                        States) in existence on the date of enactment 
                        of this Act;
                            (iii) establishes a precedent with regard 
                        to any future wilderness designations;
                            (iv) affects the interpretation of, or any 
                        designation made under, any other Act; or
                            (v) limits, alters, modifies, or amends any 
                        interstate compact or equitable apportionment 
                        decree that apportions water among and between 
                        the State and other States.
                    (C) Nevada water law.--The Secretary shall follow 
                the procedural and substantive requirements of State 
                law in order to obtain and hold any water rights not in 
                existence on the date of enactment of this Act with 
                respect to the Wilderness.
                    (D) New projects.--
                            (i) Definition of water resource 
                        facility.--
                                    (I) In general.--In this 
                                subparagraph, the term ``water resource 
                                facility'' means irrigation and pumping 
                                facilities, reservoirs, water 
                                conservation works, aqueducts, canals, 
                                ditches, pipelines, wells, hydropower 
                                projects, transmission and other 
                                ancillary facilities, and other water 
                                diversion, storage, and carriage 
                                structures.
                                    (II) Exclusion.--In this 
                                subparagraph, the term ``water resource 
                                facility'' does not include wildlife 
                                guzzlers.
                            (ii) Restriction on new water resource 
                        facilities.--
                                    (I) In general.--Except as 
                                otherwise provided in this section, on 
                                or after the date of enactment of this 
                                Act, neither the President nor any 
                                officer, employee, or agent of the 
                                United States shall fund, assist, 
                                authorize, or issue a license or permit 
                                for the development of any new water 
                                resource facility within the 
                                Wilderness, any portion of which is 
                                located in the County.
                                    (II) Exception.--If a permittee 
                                within the Bald Mountain grazing 
                                allotment submits an application for 
                                the development of water resources for 
                                the purpose of livestock watering by 
                                the date that is 10 years after the 
                                date of enactment of this Act, the 
                                Secretary shall issue a water 
                                development permit within the non-
                                wilderness boundaries of the Bald 
                                Mountain grazing allotment for the 
                                purposes of carrying out activities 
                                under paragraph (2).
    (d) Wildlife Management.--
            (1) In general.--In accordance with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 
        affects or diminishes the jurisdiction of the State with 
        respect to fish and wildlife management, including the 
        regulation of hunting, fishing, and trapping, in the 
        Wilderness.
            (2) Management activities.--In furtherance of the purposes 
        and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
        the Secretary may conduct any management activities in the 
        Wilderness that are necessary to maintain or restore fish and 
        wildlife populations and the habitats to support the 
        populations, if the activities are carried out--
                    (A) consistent with relevant wilderness management 
                plans; and
                    (B) in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) appropriate policies, such as those 
                        set forth in Appendix B of the report of the 
                        Committee on Interior and Insular Affairs of 
                        the House of Representatives accompanying H.R. 
                        2570 of the 101st Congress (House Report 101-
                        405), including the occasional and temporary 
                        use of motorized vehicles and aircraft, if the 
                        use, as determined by the Secretary, would 
                        promote healthy, viable, and more naturally 
                        distributed wildlife populations that would 
                        enhance wilderness values with the minimal 
                        impact necessary to reasonably accomplish those 
                        tasks, including but not limited to, the 
                        hunting or culling of wildlife and access for 
                        persons with disabilities.
            (3) Existing activities.--Consistent with section 4(d)(1) 
        of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance 
        with appropriate policies such as those set forth in Appendix B 
        of House Report 101-405, the State may continue to use 
        aircraft, including helicopters, to survey, capture, 
        transplant, monitor, and provide water for wildlife populations 
        in the Wilderness.
            (4) Emergency closures.--Nothing in this title prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to provide for public safety, resource 
        conservation, national security, or other purposes as 
        authorized by law. Such an emergency closure shall terminate 
        after a reasonable period of time, unless converted to a 
        permanent closure consistent with Federal statute.
            (5) Memorandum of understanding.--The State, including a 
        designee of the State, may conduct wildlife management 
        activities in the Wilderness--
                    (A) in accordance with the terms and conditions 
                specified in the cooperative agreement between the 
                Secretary and the State entitled ``Memorandum of 
                Understanding: Intermountain Region USDA Forest Service 
                and the Nevada Department of Wildlife State of Nevada'' 
                and signed by the designee of the State on February 6, 
                1984, and by the designee of the Secretary on January 
                24, 1984, including any amendments, appendices, or 
                additions to the agreement agreed to by the Secretary 
                and the State or a designee; and
                    (B) subject to all applicable laws (including 
                regulations).
    (e) Wildlife Water Development Projects.--Subject to subsection 
(c), the Secretary shall authorize structures and facilities, including 
existing structures and facilities, for wildlife water development 
projects (including guzzlers) in the Wilderness if--
            (1) the structures and facilities will, as determined by 
        the Secretary, enhance wilderness values by promoting healthy, 
        viable, and more naturally distributed wildlife populations; 
        and
            (2) the visual impacts of the structures and facilities on 
        the Wilderness can reasonably be minimized.

SEC. 204. WITHDRAWAL.

    (a) Definition of Withdrawal Area.--In this section, the term 
``Withdrawal Area'' means the land administered by the Forest Service 
and identified as ``Withdrawal Area'' on the map described in section 
203(a)(2).
    (b) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Withdrawal Area is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral laws, geothermal leasing laws, 
        and mineral materials laws.
    (c) Motorized and Mechanical Vehicles.--
            (1) In general.--Subject to paragraph (2), use of motorized 
        and mechanical vehicles in the Withdrawal Area shall be 
        permitted only on roads and trails designated for the use of 
        those vehicles, unless the use of those vehicles is needed--
                    (A) for administrative purposes; or
                    (B) to respond to an emergency.
            (2) Exception.--Paragraph (1) does not apply to aircraft 
        (including helicopters).

SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title alters or diminishes the treaty rights of any 
Indian tribe (as defined in section 204 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).

           TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT

SEC. 301. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF CARLIN, NEVADA.

    (a) Definitions.--In this title:
            (1) City.--The term ``City'' means the City of Carlin, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 1329 acres of land located in the City of Carlin, 
        Nevada, that is identified on the map as ``Carlin Selected 
        Parcels''.
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Carlin, Nevada Land Sales'' map dated October 25, 
        2013.
    (b) Conveyance Required.--Subject to valid existing rights and 
notwithstanding the land use planning requirements of sections 202 and 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), not later than 180 days after the date on which the 
Secretary of the Interior receives a request from the City for the 
Federal land, the Secretary shall convey to the City, without 
consideration, all right, title, and interest of the United States to 
and in the Federal land.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (d) Costs.--At closing for the conveyance authorized under 
subsection (b) the City shall pay or reimburse the Secretary, as 
appropriate, for the reasonable transaction and administrative 
personnel costs associated with the conveyance authorized under such 
subsection, including the costs of title searches, maps, and boundary 
and cadastral surveys.
    (e) Release of United States.--Upon making the conveyance under 
subsection (b), notwithstanding any other provision of law, the United 
States is released from any and all liabilities or claims of any kind 
or nature arising from the presence, release, or threat of release of 
any hazardous substance, pollutant, contaminant, petroleum product (or 
derivative of a petroleum product of any kind), solid waste, mine 
materials or mining related features (including tailings, overburden, 
waste rock, mill remnants, pits, or other hazards resulting from the 
presence of mining related features) on the Federal land in existence 
on or before the date of the conveyance.
    (f) Withdrawal.--Subject to valid existing rights, the Federal land 
identified for conveyance shall be withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral 
        materials and geothermal leasing laws.

           TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT

SEC. 401. DEFINITIONS.

    In this title:
            (1) City.--The term ``City'' means the City of Fernley, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the land 
        located in the City of Fernley, Nevada, that is identified as 
        ``Proposed Sale Parcels'' on the map.
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Fernley, Nevada, Land Sales'' and dated January 25, 
        2013.

SEC. 402. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, 
              NEVADA.

    (a) Conveyance Authorized.--Subject to valid existing rights and 
notwithstanding the land use planning requirements of sections 202 and 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), not later than 180 days after the date on which the 
Secretary of the Interior receives a request from the City for the 
Federal land, the Secretary shall convey to the City, without 
consideration, all right, title, and interest of the United States to 
and in the Federal land.
    (b) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (c) Reservation of Easements and Rights-of-Way.--The City and the 
Bureau of Reclamation may retain easements or rights-of-way on the 
Federal land to be conveyed, including easements or rights-of-way that 
the Bureau of Reclamation determines are necessary to carry out--
            (1) the operation and maintenance of the Truckee Canal 
        Irrigation District Canal; or
            (2) the Newlands Project.
    (d) Costs.--At closing for the conveyance authorized under 
subsection (a), the City shall pay or reimburse the Secretary, as 
appropriate, for the reasonable transaction and administrative 
personnel costs associated with the conveyance authorized under such 
subsection, including the costs of title searches, maps, and boundary 
and cadastral surveys.

SEC. 403. RELEASE OF UNITED STATES.

    Upon making the conveyance under section 402, notwithstanding any 
other provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
on the Federal land in existence on or before the date of the 
conveyance.

                  TITLE V--RESTORING STOREY COUNTY ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Restoring Storey County Act''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) County.--The term ``County'' means Storey County, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 1,745 acres of Federal land identified on the map 
        as ``BLM Owned - County Request Transfer''.
            (3) Map.--The term ``map'' means the map titled ``Restoring 
        Storey County Act'' and dated November 20, 2012.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Land Management.

SEC. 503. CONVEYANCE OF FEDERAL LAND IN STOREY COUNTY, NEVADA.

    Subject to valid existing rights and notwithstanding the land use 
planning requirements of sections 202 and 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later 
than 180 days after the date of the enactment of this Act and if 
requested by the County, the Secretary shall convey to the County, by 
quitclaim deed, all surface rights of the United States in and to the 
Federal land, including any improvements thereon. All costs associated 
with the conveyance under this section shall be the responsibility of 
the Bureau of Land Management.

           TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Elko Motocross and Tribal 
Conveyance Act''.

SEC. 602. DEFINITION OF SECRETARY.

    In this title, the term ``Secretary'' means the Secretary of the 
Interior, acting through the Bureau of Land Management.

               Subtitle A--Elko Motocross Land Conveyance

SEC. 611. DEFINITIONS.

    In this subtitle:
            (1) County.--The term ``county'' means the county of Elko, 
        Nevada.
            (2) Map.--The term ``map'' means the map entitled ``Elko 
        Motocross Park'' and dated April 19, 2013.

SEC. 612. CONVEYANCE OF LAND TO ELKO COUNTY.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, subject to valid existing rights and the provisions of 
this section, if requested by the county the Secretary shall convey to 
the county, without consideration, all right, title, and interest of 
the United States in and to the land described in subsection (b).
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 275 acres of land managed by the Bureau of 
Land Management, Elko District, Nevada, as generally depicted on the 
map as ``Elko Motocross Park''.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall finalize the legal 
        description of the parcel to be conveyed under this section.
            (2) Minor errors.--The Secretary may correct any minor 
        error in the map or the legal description.
            (3) Availability.--The map and legal description shall be 
        on file and available for public inspection in the appropriate 
        offices of the Bureau of Land Management.
    (d) Use of Conveyed Land.--The land conveyed under this subtitle 
shall be used only as a motocross, bicycle, off-highway vehicle, or 
stock car racing area, or for any other public purpose consistent with 
uses allowed under the Act of June 14, 1926 (commonly known as the 
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
    (e) Administrative Costs.--The Secretary shall require the county 
to pay all survey costs and other administrative costs necessary for 
the preparation and completion of any patents for, and transfers of 
title to, the land described in subsection (b).

Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of 
                           Nevada (Elko Band)

SEC. 621. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN 
              SHOSHONE INDIANS OF NEVADA (ELKO BAND).

    (a) In General.--Subject to valid existing rights, all right, 
title, and interest of the United States in and to the land described 
in subsection (b)--
            (1) shall be held in trust by the United States for the 
        benefit and use of the Te-moak Tribe of Western Shoshone 
        Indians of Nevada (Elko Band) (referred to in this subtitle as 
        the ``Tribe''); and
            (2) shall be part of the reservation of the Tribe.
    (b) Description of Land.--The land referred to in subsection (a) is 
the approximately 373 acres of land administered by the Bureau of Land 
Management, as generally depicted on the map as ``Expansion Area''.
    (c) Map.--The term ``map'' means the map entitled ``Te-moak Tribal 
Land Expansion'', dated April 19, 2013. This map shall be on file and 
available for public inspection in the appropriate offices of the 
Bureau of Land Management.
    (d) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall complete a survey of the boundary lines 
to establish the boundaries of the land taken into trust under 
subsection (a).
    (e) Use of Trust Land.--
            (1) Gaming.--Land taken into trust under subsection (a) 
        shall not be eligible, or considered to have been taken into 
        trust, for class II gaming or class III gaming (as those terms 
        are defined in section 4 of the Indian Gaming Regulatory Act 
        (25 U.S.C. 2703)).
            (2) General uses.--
                    (A) In general.--The Tribe shall use the land taken 
                into trust under subsection (a) only for--
                            (i) traditional and customary uses;
                            (ii) stewardship conservation for the 
                        benefit of the Tribe; or
                            (iii) residential or recreational 
                        development.
                    (B) Other uses.--If the Tribe uses any portion of 
                the land taken into trust under subsection (a) for a 
                purpose other than a purpose described in subparagraph 
                (A), the Tribe shall pay to the Secretary an amount 
                that is equal to the fair market value of the portion 
                of the land, as determined by an appraisal.
            (3) Thinning; landscape restoration.--With respect to the 
        land taken into trust under subsection (a), the Secretary, in 
        consultation and coordination with the Tribe, may carry out any 
        fuels reduction and other landscape restoration activities on 
        the land that is beneficial to the Tribe and the Bureau of Land 
        Management.

 TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Naval Air Station Fallon Housing 
and Safety Development Act''.

SEC. 702. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior shall transfer to 
the Secretary of the Navy, without reimbursement, the Federal land 
described in subsection (b).
    (b) Description of Federal Land.--The Federal land referred to in 
subsection (a) is the parcel of approximately 400 acres of land under 
the jurisdiction of the Secretary of the Interior that--
            (1) is adjacent to Naval Air Station Fallon in Churchill 
        County, Nevada; and
            (2) was withdrawn under Public Land Order 6834 (NV-943-
        4214-10; N-37875).
    (c) Management.--On transfer of the Federal land described under 
subsection (b) to the Secretary of the Navy, the Secretary of the Navy 
shall have full jurisdiction, custody, and control of the Federal land.

SEC. 703. WATER RIGHTS.

    (a) Water Rights.--Nothing in this title shall be construed--
            (1) to establish a reservation in favor of the United 
        States with respect to any water or water right on lands 
        transferred by this title; or
            (2) to authorize the appropriation of water on lands 
        transferred by this title except in accordance with applicable 
        State law.
    (b) Effect on Previously Acquired or Reserved Water Rights.--This 
section shall not be construed to affect any water rights acquired or 
reserved by the United States before the date of the enactment of this 
Act.

SEC. 704. WITHDRAWAL.

    Subject to valid existing rights, the Federal land to be 
transferred under section 702 is withdrawn from all forms of 
appropriation under the public land laws, including the mining laws and 
the mineral leasing and geothermal leasing laws, so long as the land 
remains under the administrative jurisdiction of the Secretary of the 
Navy.
                                                 Union Calendar No. 440

113th CONGRESS

  2d Session

                               H. R. 5205

                          [Report No. 113-593]

_______________________________________________________________________

                                 A BILL

    To authorize certain land conveyances involving public lands in 
 northern Nevada to promote economic development and conservation, and 
                          for other purposes.

_______________________________________________________________________

                           September 15, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```