II 

108TH CONGRESS 

2D SESSION S. 2532 

To establish wilderness areas, promote conservation, improve public land, 

and provide for the high quality development in Lincoln County, Nevada, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2004 

Mr. ENSIGN (for himself and Mr. REID) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To establish wilderness areas, promote conservation, improve 

public land, and provide for the high quality development 

in Lincoln County, Nevada, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lincoln County Con5 servation, Recreation, and Development Act of 2004’’. 

6 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—LAND DISPOSAL 
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Sec. 101. Definitions. 

Sec. 102. Conveyance of Lincoln County land. 

Sec. 103. Disposition of proceeds. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Additions to National Wilderness Preservation System. 

Sec. 204. Administration. 

Sec. 205. Adjacent management. 

Sec. 206. Military overflights. 

Sec. 207. Native American cultural and religious uses. 

Sec. 208. Release of wilderness study areas. 

Sec. 209. Wildlife management. 

Sec. 210. Wildfire management. 

Sec. 211. Climatological data collection. 

TITLE III—UTILITY CORRIDORS 

Sec. 301. Utility corridor and rights-of-way. 

Sec. 302. Relocation of right-of-way and utility corridors located in Clark and 

Lincoln Counties in the State of Nevada. 

TITLE IV—SILVER STATE OFF-HIGHWAY VEHICLE TRAIL 

Sec. 401. Silver State off-highway vehicle trail. 

TITLE V—OPEN SPACE PARKS 

Sec. 501. Open space park conveyance to Lincoln County, Nevada. 

Sec. 502. Open space park conveyance to the State of Nevada. 

TITLE VI—JURISDICTION TRANSFER 

Sec. 601. Transfer of administrative jurisdiction between the fish and wildlife 

service and the bureau of land management. 

1 TITLE I—LAND DISPOSAL 

2 SEC. 101. DEFINITIONS. 

3 In this title: 

4 (1) COUNTY.—The term ‘‘County’’ means Lin5 coln County, Nevada. 

6 (2) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Lincoln County Conservation, Recreation, 

8 and Development Act Map’’ and dated June 14, 

9 2004. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (4) SPECIAL ACCOUNT.—The term ‘‘special ac4 count’’ means the special account established under 

5 section 104(b)(3). 

6 SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND. 

7 (a) IN GENERAL.—Notwithstanding sections 202 and 

8 203 of the Federal Land Policy and Management Act of 

9 1976 (43 U.S.C. 1711, 1712), the Secretary, in coopera10 tion with the County, in accordance with that Act, this 

11 title, and other applicable law and subject to valid existing 

12 rights, shall conduct sales of the land described in sub13 section (b) to qualified bidders. 

14 (b) DESCRIPTION OF LAND.—The land referred to in 

15 subsection (a) consists of— 

16 (1) the land identified on the map for disposal 

17 within 75 days, comprising 2 parcels totaling ap18 proximately 13,373 acres; and 

19 (2) the land identified on the map for annual 

20 disposal, comprising approximately 87,005 acres. 

21 (c) AVAILABILITY.—Each map and legal description 

22 shall be on file and available for public inspection in (as 

23 appropriate)— 

24 (1) the Office of the Director of the Bureau of 

25 Land Management; 
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1 (2) the Office of the State Director of the Bu2 reau of Land Management; 

3 (3) the Ely District Office of the Bureau of 

4 Land Management; and 

5 (4) the Caliente Field Office of the Bureau of 

6 Land Management. 

7 (d) JOINT SELECTION REQUIRED.—The Secretary 

8 and the County shall jointly select which parcels of land 

9 described in subsection (b)(2) to offer for sale under sub10 section (a). 

11 (e) COMPLIANCE WITH LOCAL PLANNING AND ZON12 ING LAWS.—Before a sale of land under subsection (a), 

13 the County shall submit to the Secretary a certification 

14 that qualified bidders have agreed to comply with— 

15 (1) County and city zoning ordinances; and 

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

17 the County. 

18 (f) METHOD OF SALE; CONSIDERATION.—The sale of 

19 land under subsection (a) shall be— 

20 (1) through a competitive bidding process; and 

21 (2) for not less than fair market value. 

22 (g) SEGREGATION.— 

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

24 rights and except as provided in paragraph (2), the 
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1 land described in subsection (b) is segregated 

2 from— 

3 (A) all forms of entry and appropriation 

4 under the public land laws, including the min5 ing laws; and 

6 (B) operation of the mineral leasing and 

7 geothermal leasing laws. 

8 (2) EXCEPTION.—Paragraph (1)(A) shall not 

9 apply to a competitive sale or an election by the 

10 County to obtain the land described in subsection 

11 (b) for public purposes under the Act of June 14, 

12 1926 (43 U.S.C. 869 et seq; commonly known as the 

13 ‘‘Recreation and Public Purposes Act’’). 

14 (h) DEADLINE FOR SALE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Secretary shall— 

17 (A) notwithstanding the Lincoln County 

18 Land Act of 2000 (114 Stat. 1046), not later 

19 than 75 days after the date of the enactment of 

20 this title, convey the land described in sub21 section (b)(1) if there is a qualified bidder for 

22 such land; and 

23 (B) not later than 1 year after the date of 

24 the enactment of this title, and annually there-
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1 after until the land is disposed of, convey the 

2 land described in subsection (b)(2). 

3 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

4 (A) REQUEST BY COUNTY FOR POSTPONE5 MENT OR EXCLUSION.— 

6 (i) IN GENERAL.—At the request of 

7 the County, the Secretary shall postpone or 

8 exclude from the sale all or a portion of 

9 the land described in subsection (b)(2). 

10 (ii) INDEFINITE POSTPONEMENT.— 

11 Unless specifically requested by the Coun12 ty, a postponement under clause (i) shall 

13 not be indefinite. 

14 (B) EXCLUSION BY SECRETARY.—Notwith15 standing paragraph (1), the Secretary may ex16 clude from sale not more than 10,000 acres of 

17 the land described in subsection (b)(2) if the 

18 Secretary determines that such sale is incon19 sistent with the protection of habitat and cul20 tural resources. 

21 SEC. 103. DISPOSITION OF PROCEEDS. 

22 (a) INITIAL LAND SALE.—Section 5 of the Lincoln 

23 County Land Act of 2000 (114 Stat. 1047) shall apply 

24 to the disposition of the gross proceeds from the sale of 

25 land described in section 103(b)(1). 
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1 (b) SUBSEQUENT LAND SALES.—Of the gross pro2 ceeds of the sale of the land described in section 

3 103(b)(2)— 

4 (1) 5 percent shall be paid directly to the State 

5 for use in the general education program of the 

6 State; 

7 (2) 45 percent shall be paid to the County for 

8 use for economic development in the County, includ9 ing County parks, trails, and natural areas; and 

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

11 account in the Treasury of the United States and 

12 shall be available without further appropriation to 

13 the Secretary until expended for— 

14 (A) the inventory, evaluation, protection, 

15 and management of unique archaeological re16 sources (as defined in section 3 of the Archae17 ological Resources Protection Act of 1979 (16 

18 U.S.C. 470bb)) of the County; 

19 (B) the development of a multispecies 

20 habitat conservation plan for the County; and 

21 (C) the reimbursement of costs incurred by 

22 the Nevada State Office and the Ely Field Of23 fice of the Bureau of Land Management for— 
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1 (i) preparing for the sale of land 

2 under section 103(a), including the costs 

3 of— 

4 (I) conducting any land boundary 

5 surveys; 

6 (II) complying with the National 

7 Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.); 

9 (III) conducting any appraisals; 

10 (IV) obtaining environmental and 

11 cultural clearances; and 

12 (V) providing public notice of the 

13 sale; 

14 (ii) processing public land use author15 izations and rights-of-way relating to the 

16 development of the land conveyed under 

17 section 103(a); 

18 (iii) processing the Silver State OHV 

19 trail and implementing the management 

20 plan required by section 401(c)(3) of this 

21 Act; and 

22 (iv) processing wilderness designa23 tions, including the costs of appropriate 

24 fencing, signage, public education, and en-
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1 forcement for the wilderness areas des2 ignated. 

3 (c) INVESTMENT OF SPECIAL ACCOUNT.—Any 

4 amounts deposited in the special account shall earn inter5 est in an amount determined by the Secretary of the 

6 Treasury on the basis of the current average market yield 

7 on outstanding marketable obligations of the United 

8 States of comparable maturities. 

9 TITLE II—WILDERNESS AREAS 

10 SEC. 201. FINDINGS. 

11 Congress finds that— 

12 (1) public land in the County contains unique 

13 and spectacular natural resources, including— 

14 (A) priceless habitat for numerous species 

15 of plants and wildlife; and 

16 (B) thousands of acres of land that remain 

17 in a natural state; and 

18 (2) continued preservation of those areas would 

19 benefit the County and all of the United States by— 

20 (A) ensuring the conservation of eco21 logically diverse habitat; 

22 (B) protecting prehistoric cultural re23 sources; 

24 (C) conserving primitive recreational re25 sources; and 
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1 (D) protecting air and water quality. 

2 SEC. 202. DEFINITIONS. 

3 In this title: 

4 (1) COUNTY.—The term ‘‘County’’ means Lin5 coln County, Nevada. 

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

7 the Secretary of the Interior. 

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

9 of Nevada. 

10 SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESER11 VATION SYSTEM. 

12 (a) ADDITIONS.—The following land in the State is 

13 designated as wilderness and as components of the Na14 tional Wilderness Preservation System: 

15 (1) MORMON MOUNTAINS WILDERNESS.—Cer16 tain Federal land managed by the Bureau of Land 

17 Management, comprising approximately 153,939 

18 acres, as generally depicted on the map entitled 

19 ‘‘Southern Lincoln County Wilderness Map’’, dated 

20 June 1, 2004, which shall be known as the ‘‘Mor21 mon Mountains Wilderness’’. 

22 (2) MEADOW VALLEY RANGE WILDERNESS.— 

23 Certain Federal land managed by the Bureau of 

24 Land Management, comprising approximately 

25 124,833 acres, as generally depicted on the map en-
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1 titled ‘‘Southern Lincoln County Wilderness Map’’, 

2 dated June 1, 2004, which shall be known as the 

3 ‘‘Meadow Valley Range Wilderness’’. 

4 (3) DELAMAR MOUNTAINS WILDERNESS.—Cer5 tain Federal land managed by the Bureau of Land 

6 Management, comprising approximately 111,389 

7 acres, as generally depicted on the map entitled 

8 ‘‘Southern Lincoln County Wilderness Map’’, dated 

9 June 1, 2004, which shall be known as the 

10 ‘‘Delamar Mountains Wilderness’’. 

11 (4) CLOVER MOUNTAINS WILDERNESS.—Cer12 tain Federal land managed by the Bureau of Land 

13 Management, comprising approximately 85,757 

14 acres, as generally depicted on the map entitled 

15 ‘‘Southern Lincoln County Wilderness Map’’, dated 

16 June 1, 2004, which shall be known as the ‘‘Clover 

17 Mountains Wilderness’’. 

18 (5) SOUTH PAHROC WILDERNESS.—Certain 

19 Federal land managed by the Bureau of Land Man20 agement, comprising approximately 25,638 acres, as 

21 generally depicted on the map entitled ‘‘Western 

22 Lincoln County Wilderness Map’’, dated June 1, 

23 2004, which shall be known as the ‘‘South Pahroc 

24 Wilderness’’. 
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1 (6) WORTHINGTON MOUNTAINS WILDERNESS.— 

2 Certain Federal land managed by the Bureau of 

3 Land Management, comprising approximately 

4 30,936 acres, as generally depicted on the map enti5 tled ‘‘Western Lincoln County Wilderness Map’’, 

6 dated June 1, 2004, which shall be known as the 

7 ‘‘Worthington Mountains Wilderness’’. 

8 (7) WEEPAH SPRING WILDERNESS.—Certain 

9 Federal land managed by the Bureau of Land Man10 agement, comprising approximately 51,117 acres, as 

11 generally depicted on the map entitled ‘‘Western 

12 Lincoln County Wilderness Map’’, dated June 1, 

13 2004, which shall be known as the ‘‘Weepah Spring 

14 Wilderness’’. 

15 (8) PARSNIP PEAK WILDERNESS.—Certain Fed16 eral land managed by the Bureau of Land Manage17 ment, comprising approximately 45,837 acres, as 

18 generally depicted on the map entitled ‘‘Northern 

19 Lincoln County Wilderness Map’’, dated June 1, 

20 2004, which shall be known as the ‘‘Parsnip Peak 

21 Wilderness’’. 

22 (9) WHITE ROCK RANGE WILDERNESS.—Cer23 tain Federal land managed by the Bureau of Land 

24 Management, comprising approximately 24,413 

25 acres, as generally depicted on the map entitled 
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1 ‘‘Northern Lincoln County Wilderness Map’’, dated 

2 June 1, 2004, which shall be known as the ‘‘White 

3 Rock Range Wilderness’’. 

4 (10) FORTIFICATION RANGE WILDERNESS.— 

5 Certain Federal land managed by the Bureau of 

6 Land Management, comprising approximately 

7 28,837 acres, as generally depicted on the map enti8 tled ‘‘Northern Lincoln County Wilderness Map’’, 

9 dated June 1, 2004, which shall be known as the 

10 ‘‘Fortification Range Wilderness’’. 

11 (11) FAR SOUTH EGANS WILDERNESS.—Certain 

12 Federal land managed by the Bureau of Land Man13 agement, comprising approximately 36,384 acres, as 

14 generally depicted on the map entitled ‘‘Northern 

15 Lincoln County Wilderness Map’’, dated June 1, 

16 2004, which shall be known as the ‘‘Far South 

17 Egans Wilderness’’. 

18 (12) TUNNEL SPRING WILDERNESS.—Certain 

19 Federal land managed by the Bureau of Land Man20 agement, comprising approximately 5,530 acres, as 

21 generally depicted on the map entitled ‘‘Southern 

22 Lincoln County Wilderness Map’’, dated June 1, 

23 2004, which shall be known as the ‘‘Tunnel Spring 

24 Wilderness’’. 
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1 (13) BIG ROCK WILDERNESS.—Certain Federal 

2 land managed by the Bureau of Land Management, 

3 comprising approximately 13,913 acres, as generally 

4 depicted on the map entitled ‘‘Western Lincoln 

5 County Wilderness Map’’, dated June 1, 2004, 

6 which shall be known as the ‘‘Big Rock Wilderness’’. 

7 (14) MT. IRISH WILDERNESS.—Certain Federal 

8 land managed by the Bureau of Land Management, 

9 comprising approximately 31,088 acres, as generally 

10 depicted on the map entitled ‘‘Western Lincoln 

11 County Wilderness Map’’, dated June 1, 2004, 

12 which shall be known as the ‘‘Mt. Irish Wilderness’’. 

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

14 wilderness area designated by subsection (a) that is bor15 dered by a road shall be at least 100 feet from the edge 

16 of the road to allow public access. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

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

19 the date of enactment of this title, the Secretary 

20 shall file a map and legal description of each wilder21 ness area designated by subsection (a) with the 

22 Committee on Resources of the House of Represent23 atives and the Committee on Energy and Natural 

24 Resources of the Senate. 
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1 (2) EFFECT.—Each map and legal description 

2 shall have the same force and effect as if included 

3 in this section, except that the Secretary may correct 

4 clerical and typographical errors in the map or legal 

5 description. 

6 (3) AVAILABILITY.—Each map and legal de7 scription shall be on file and available for public in8 spection in (as appropriate)— 

9 (A) the Office of the Director of the Bu10 reau of Land Management; 

11 (B) the Office of the State Director of the 

12 Bureau of Land Management; 

13 (C) the Ely District Office of the Bureau 

14 of Land Management; and 

15 (D) the Caliente Field Office of the Bu16 reau of Land Management. 

17 (d) WITHDRAWAL.—Subject to valid existing rights, 

18 the wilderness areas designated by subsection (a) are with19 drawn from— 

20 (1) all forms of entry, appropriation, and dis21 posal under the public land laws; 

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

23 laws; and 

24 (3) operation of the mineral leasing, mineral 

25 materials, and geothermal leasing laws. 
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1 SEC. 204. ADMINISTRATION. 

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

3 each area designated as wilderness by this title shall be 

4 administered by the Secretary in accordance with the Wil5 derness Act (16 U.S.C. 1131 et seq.), except that— 

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

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

8 of the enactment of this title; and 

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

10 of Agriculture shall be considered to be a reference 

11 to the Secretary of the Interior. 

12 (b) LIVESTOCK.—Within the wilderness areas des13 ignated under this title that are administered by the Bu14 reau of Land Management, the grazing of livestock in 

15 areas in which grazing is established as of the date of en16 actment of this title shall be allowed to continue, subject 

17 to such reasonable regulations, policies, and practices that 

18 the Secretary considers necessary, consistent with section 

19 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in20 cluding the guidelines set forth in Appendix A of House 

21 Report 101–405. 

22 (c) INCORPORATION OF ACQUIRED LAND AND INTER23 ESTS.—Any land or interest in land within the boundaries 

24 of an area designated as wilderness by this title that is 

25 acquired by the United States after the date of the enact26 ment of this title shall be added to and administered as 
17 

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1 part of the wilderness area within which the acquired land 

2 or interest is located. 

3 (d) WATER RIGHTS.— 

4 (1) FINDINGS.—Congress finds that— 

5 (A) the land designated as Wilderness by 

6 this title is within the Northern Mojave Desert, 

7 is arid in nature, and includes ephemeral 

8 streams; 

9 (B) the hydrology of the land designated 

10 as wilderness by this title is predominantly 

11 characterized by complex flow patterns and al12 luvial fans with impermanent channels; 

13 (C) the subsurface hydrogeology of the re14 gion is characterized by ground water subject to 

15 local and regional flow gradients and 

16 unconfined and artesian conditions; 

17 (D) the land designated as wilderness by 

18 this title is generally not suitable for use or de19 velopment of new water resource facilities; and 

20 (E) because of the unique nature and hy21 drology of the desert land designated as wilder22 ness by this title, it is possible to provide for 

23 proper management and protection of the wil24 derness and other values of lands in ways dif25 ferent from those used in other legislation. 
18 

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1 (2) STATUTORY CONSTRUCTION.—Nothing in 

2 this title— 

3 (A) shall constitute or be construed to con4 stitute either an express or implied reservation 

5 by the United States of any water or water 

6 rights with respect to the land designated as 

7 wilderness by this title; 

8 (B) shall affect any water rights in the 

9 State existing on the date of the enactment of 

10 this title, including any water rights held by the 

11 United States; 

12 (C) shall be construed as establishing a 

13 precedent with regard to any future wilderness 

14 designations; 

15 (D) shall affect the interpretation of, or 

16 any designation made pursuant to, any other 

17 Act; or 

18 (E) shall be construed as limiting, altering, 

19 modifying, or amending any of the interstate 

20 compacts or equitable apportionment decrees 

21 that apportion water among and between the 

22 State and other States. 

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

24 follow the procedural and substantive requirements 

25 of the law of the State in order to obtain and hold 
19 

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1 any water rights not in existence on the date of en2 actment of this title with respect to the wilderness 

3 areas designated by this title. 

4 (4) NEW PROJECTS.— 

5 (A) WATER RESOURCE FACILITY.—As 

6 used in this paragraph, the term ‘‘water re7 source facility’’— 

8 (i) means irrigation and pumping fa9 cilities, reservoirs, water conservation 

10 works, aqueducts, canals, ditches, pipe11 lines, wells, hydropower projects, and 

12 transmission and other ancillary facilities, 

13 and other water diversion, storage, and 

14 carriage structures; and 

15 (ii) does not include wildlife guzzlers. 

16 (B) RESTRICTION ON NEW WATER RE17 SOURCE FACILITIES.—Except as otherwise pro18 vided in this Act, on and after the date of the 

19 enactment of this Act, neither the President nor 

20 any other officer, employee, or agent of the 

21 United States shall fund, assist, authorize, or 

22 issue a license or permit for the development of 

23 any new water resource facility within the wil24 derness areas designated by this Act. 
20 

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1 SEC. 205. ADJACENT MANAGEMENT. 

2 (a) IN GENERAL.—Congress does not intend for the 

3 designation of wilderness in the State pursuant to this 

4 title to lead to the creation of protective perimeters or 

5 buffer zones around any such wilderness area. 

6 (b) NONWILDERNESS ACTIVITIES.—The fact that 

7 nonwilderness activities or uses can be seen or heard from 

8 areas within a wilderness designated under this title shall 

9 not preclude the conduct of those activities or uses outside 

10 the boundary of the wilderness area. 

11 SEC. 206. MILITARY OVERFLIGHTS. 

12 Nothing in this title restricts or precludes— 

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

14 the areas designated as wilderness by this title, in15 cluding military overflights that can be seen or 

16 heard within the wilderness areas; 

17 (2) flight testing and evaluation; or 

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

19 special use airspace, or the establishment of military 

20 flight training routes, over the wilderness areas. 

21 SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

22 USES. 

23 Nothing in this title shall be construed to diminish 

24 the rights of any Indian tribe. Nothing in this title shall 

25 be construed to diminish tribal rights regarding access to 
21 

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1 Federal land for tribal activities, including spiritual, cul2 tural, and traditional food-gathering activities. 

3 SEC. 208. RELEASE OF WILDERNESS STUDY AREAS. 

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

5 of section 603 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1782), the public land in 

7 the County administered by the Bureau of Land Manage8 ment in the following areas has been adequately studied 

9 for wilderness designation: 

10 (1) The Table Mountain Wilderness Study 

11 Area. 

12 (2) Evergreen A, B, and C Wilderness Study 

13 Areas. 

14 (3) Any portion of the wilderness study areas— 

15 (A) not designated as wilderness by section 

16 204(a); and 

17 (B) depicted as released on— 

18 (i) the map entitled ‘‘Northern Lin19 coln County Wilderness Map’’ and dated 

20 February 10, 2004; 

21 (ii) the map entitled ‘‘Southern Lin22 coln County Wilderness Map’’ and dated 

23 February 10, 2004; or 
22 

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1 (iii) the map entitled ‘‘Western Lin2 coln County Wilderness Map’’ and dated 

3 June 1, 2004. 

4 (b) RELEASE.—Any public land described in sub5 section (a) that is not designated as wilderness by this 

6 title— 

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

8 Federal Land Policy and Management Act of 1976 

9 (43 U.S.C. 1782(c)); 

10 (2) shall be managed in accordance with— 

11 (A) land management plans adopted under 

12 section 202 of that Act (43 U.S.C. 1712); and 

13 (B) existing cooperative conservation 

14 agreements; and 

15 (3) shall be subject to the Endangered Species 

16 Act of 1973 (16 U.S.C. 1531 et seq.). 

17 SEC. 209. WILDLIFE MANAGEMENT. 

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

19 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

20 nothing in this title affects or diminishes the jurisdiction 

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

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

23 in the wilderness areas designated by this title. 

24 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

25 the purposes and principles of the Wilderness Act, man-
23 

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1 agement activities to maintain or restore fish and wildlife 

2 populations and the habitats to support such populations 

3 may be carried out within wilderness areas designated by 

4 this title where consistent with relevant wilderness man5 agement plans, in accordance with appropriate policies 

6 such as those set forth in Appendix B of House Report 

7 101–405, including the occasional and temporary use of 

8 motorized vehicles, if such use, as determined by the Sec9 retary, would promote healthy, viable, and more naturally 

10 distributed wildlife populations that would enhance wilder11 ness values and accomplish those purposes with the min12 imum impact necessary to reasonably accomplish the task. 

13 (c) EXISTING ACTIVITIES.—Consistent with section 

14 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 

15 in accordance with appropriate policies such as those set 

16 forth in Appendix B of House Report 101–405, the State 

17 may continue to use aircraft, including helicopters, to sur18 vey, capture, transplant, monitor, and provide water for 

19 wildlife populations, including bighorn sheep, and feral 

20 stock, horses, and burros. 

21 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

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

23 structures and facilities, including existing structures and 

24 facilities, for wildlife water development projects, including 
24 

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1 guzzlers, in the wilderness areas designated by this Act 

2 if— 

3 (1) the structures and facilities will, as deter4 mined by the Secretary, enhance wilderness values 

5 by promoting healthy, viable, and more naturally 

6 distributed wildlife populations; and 

7 (2) the visual impacts of the structures and fa8 cilities on the wilderness areas can reasonably be 

9 minimized. 

10 (e) HUNTING, FISHING, AND TRAPPING.—In con11 sultation with the appropriate State agency (except in 

12 emergencies), the Secretary may designate by regulation 

13 areas in which, and establish periods during which, for 

14 reasons of public safety, administration, or compliance 

15 with applicable laws, no hunting, fishing, or trapping will 

16 be permitted in the wilderness areas designated by this 

17 Act. 

18 (f) COOPERATIVE AGREEMENT.—The terms and con19 ditions under which the State, including a designee of the 

20 State, may conduct wildlife management activities in the 

21 wilderness areas designated by this title are specified in 

22 the cooperative agreement between the Secretary and the 

23 State, entitled ‘‘Memorandum of Understanding between 

24 the Bureau of Land Management and the Nevada Depart25 ment of Wildlife Supplement No. 9,’’ and signed Novem-
25 

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1 ber and December 2003, including any amendments to 

2 that document agreed upon by the Secretary and the State 

3 and subject to all applicable laws and regulations. Any ref4 erences to Clark County in that document shall also be 

5 deemed to be referred to and shall apply to Lincoln Coun6 ty, Nevada. 

7 SEC. 210. WILDFIRE MANAGEMENT. 

8 Consistent with section 4 of the Wilderness Act (16 

9 U.S.C. 1133), nothing in this title precludes a Federal, 

10 State, or local agency from conducting wildfire manage11 ment operations (including operations using aircraft or 

12 mechanized equipment) to manage wildfires in the wilder13 ness areas designated by this title. 

14 SEC. 211. CLIMATOLOGICAL DATA COLLECTION. 

15 Subject to such terms and conditions as the Secretary 

16 may prescribe, nothing in this title precludes the installa17 tion and maintenance of hydrologic, meteorologic, or cli18 matological collection devices in the wilderness areas des19 ignated by this title if the facilities and access to the facili20 ties are essential to flood warning, flood control, and water 

21 reservoir operation activities. 

22 TITLE III—UTILITY CORRIDORS 

23 SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY. 

24 (a) UTILITY CORRIDOR.— 
26 

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1 (1) IN GENERAL.—Notwithstanding sections 

2 202 and 503 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1711, 1763), the 

4 Secretary of the Interior (referred to in this section 

5 as the ‘‘Secretary’’) shall establish a 2,640-foot wide 

6 corridor for utilities in Lincoln County and Clark 

7 County, Nevada, as depicted on the map entitled 

8 ‘‘Lincoln County Conservation, Recreation, and De9 velopment Act’’, and dated June 14, 2004. 

10 (2) AVAILABILITY.—Each map and legal de11 scription shall be on file and available for public in12 spection in (as appropriate)— 

13 (A) the Office of the Director of the Bu14 reau of Land Management; 

15 (B) the Office of the State Director of the 

16 Bureau of Land Management; 

17 (C) the Ely District Office of the Bureau 

18 of Land Management; and 

19 (D) the Caliente Field Office of the Bu20 reau of Land Management. 

21 (b) RIGHTS-OF-WAY.— 

22 (1) IN GENERAL.—Notwithstanding sections 

23 202 and 503 of the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1711, 1763), the 

25 Secretary shall grant to the Southern Nevada Water 
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1 Authority and the Lincoln County Water District 

2 rights-of-way to Federal land in Lincoln County and 

3 Clark County, Nevada, for any roads, wells, well 

4 fields, pipes, pipelines, pump stations, storage facili5 ties, or other facilities and systems that are necessary 

6 for the construction and operation of a water convey7 ance system, as depicted on the map. 

8 (2) APPLICABLE LAW.—A right-of-way granted 

9 under paragraph (1) shall be managed in accordance 

10 with section 4 of the Southern Nevada Public Land 

11 Management Act of 1998 (112 Stat. 2344). 

12 (3) COMPLIANCE WITH NEPA.—Before granting 

13 a right-of-way under paragraph (1), the Secretary 

14 shall comply with the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.), including the 

16 identification and consideration of potential impacts 

17 to fish and wildlife resources and habitat. 

18 (c) WITHDRAWAL.—Subject to valid existing rights, 

19 the utility corridors designated by subsection (a) are with20 drawn from— 

21 (1) all forms of entry, appropriation, and dis22 posal under the public land laws; 

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

24 laws; and 
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1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws. 

3 (d) STATE WATER LAW.—Nothing in this title 

4 shall— 

5 (1) prejudice the decisions or abrogate the ju6 risdiction of the Nevada State Engineer with respect 

7 to the appropriation, permitting, certification, or ad8 judication of water rights; 

9 (2) preempt Nevada State water law; or 

10 (3) limit or supersede existing water rights or 

11 interest in water rights under Nevada State law. 

12 (e) WATER RESOURCES STUDY.— 

13 (1) IN GENERAL.—The Secretary, acting 

14 through the United States Geological Survey and the 

15 Desert Research Institute, shall conduct a study to 

16 investigate ground water quantity, quality, and flow 

17 characteristics in the deep carbonate and alluvial 

18 aquifers of White Pine County, Nevada. The study 

19 shall— 

20 (A) include new and review of existing 

21 data; 

22 (B) determine the volume of water stored 

23 in aquifers in those areas; 

24 (C) determine the discharge and recharge 

25 characteristics of each aquifer system; 
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1 (D) determine the hydrogeologic and other 

2 controls that govern the discharge and recharge 

3 of each aquifer system; and 

4 (E) develop maps at a consistent scale de5 picting aquifer systems and the recharge and 

6 discharge areas of such systems. 

7 (2) TIMING; AVAILABILITY.—The Secretary 

8 shall complete a draft of the water resources report 

9 required under paragraph (1) not later than 30 

10 months after the date of the enactment of this Act. 

11 The Secretary shall then make the draft report 

12 available for public comment for a period of not less 

13 than 60 days. The final report shall be submitted to 

14 the Committee on Resources in the House of Rep15 resentatives and the Committee on Energy and Nat16 ural Resources in the Senate and made available to 

17 the public not later than 36 months after the date 

18 of the enactment of this Act. 

19 SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY 

20 CORRIDORS LOCATED IN CLARK AND LIN21 COLN COUNTIES IN THE STATE OF NEVADA. 

22 (a) DEFINITIONS.—In this section: 

23 (1) AGREEMENT.—The term ‘‘Agreement’’ 

24 means the land exchange agreement between 
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1 Aerojet-General Corporation and the United States, 

2 dated July 14, 1988. 

3 (2) CORRIDOR.—The term ‘‘corridor’’ means— 

4 (A) the right-of-way corridor that is— 

5 (i) identified in section 5(b)(1) of the 

6 Nevada-Florida Land Exchange Authoriza7 tion Act of 1988 (102 Stat. 55); and 

8 (ii) described in section 14(a) of the 

9 Agreement; 

10 (B) such portion of the utility corridor 

11 identified in the 1988 Las Vegas Resource 

12 Management Plan located south of the bound13 ary of the corridor described in subparagraph 

14 (A) as is necessary to relocate the right-of-way 

15 corridor to the area described in subsection 

16 (c)(2); and 

17 (C) such portion of the utility corridor 

18 identified in the 2000 Caliente Management 

19 Framework Plan Amendment located north of 

20 the boundary of the corridor described in sub21 paragraph (A) as is necessary to relocate the 

22 right-of-way corridor to the area described in 

23 subsection (c)(2). 

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

25 the Secretary of the Interior. 
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1 (b) RELINQUISHMENT AND FAIR MARKET VALUE.— 

2 (1) IN GENERAL.—The Secretary shall, in ac3 cordance with this section, relinquish all right, title, 

4 and interest of the United States in and to the cor5 ridor on receipt of a payment in an amount equal 

6 to the fair market value of the corridor (plus any 

7 costs relating to the right-of-way relocation de8 scribed in this title). 

9 (2) FAIR MARKET VALUE.—The fair market 

10 value of the corridor shall be determined based on 

11 the amount of the discount described in the Agree12 ment that was applied to the land underlying the 

13 corridor, as adjusted for inflation in accordance with 

14 the Consumer Price Index for the West Urban area 

15 as of the date of enactment of this title. 

16 (c) RELOCATION.— 

17 (1) IN GENERAL.—The Secretary shall relocate 

18 to the area described in paragraph (2), the portion 

19 of IDI–26446 and UTU–73363 identified as NVN– 

20 49781 that is located in the corridor relinquished 

21 under subsection (b)(1). 

22 (2) DESCRIPTION OF AREA.—The area referred 

23 to in paragraph (1) consists of an area— 

24 (A) 1,000 feet wide; and 
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1 (B) located west of and parallel to the cen2 terline of United States Route 93. 

3 (3) REQUIREMENTS.—The relocation under 

4 paragraph (1) shall be conducted in a manner 

5 that— 

6 (A) minimizes engineering design changes; 

7 and 

8 (B) maintains a gradual and smooth inter9 connection of the corridor with the area de10 scribed in paragraph (2). 

11 (4) AUTHORIZED USES.—The Secretary may 

12 authorize the location of any above ground or under13 ground utility facility, transmission lines, gas pipe14 lines, natural gas pipelines, fiber optics, tele15 communications, water lines, wells (including moni16 toring wells), cable television, and any related appur17 tenances in the area described in paragraph (1). 

18 (d) EFFECT.—The relocation of the corridor under 

19 subsection (c) shall not require the Secretary to— 

20 (1) update the 1998 Las Vegas Valley Resource 

21 Management Plan or the 2000 Caliente Management 

22 Framework Plan Amendment; or 

23 (2) undertake any further environmental assess24 ment work before the relocation of the corridor. 
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1 (e) WAIVER OF CERTAIN REQUIREMENTS.—The Sec2 retary shall waive the requirements of the Federal Land 

3 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

4 seq.) that would otherwise be applicable to the holders of 

5 the right-of-way corridor described in subsection (a)(2)(A) 

6 with respect to an amendment to the legal description of 

7 the right-of-way corridor. 

8 TITLE IV—SILVER STATE OFF9 HIGHWAY VEHICLE TRAIL 

10 SEC. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. 

11 (a) DEFINITIONS.—In this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (2) MAP.—The term ‘‘Map’’ means the map en15 titled ‘‘Lincoln County Conservation, Recreation and 

16 Development Act Map’’ and dated June 14, 2004. 

17 (3) TRAIL.—The term ‘‘Trail’’ means the sys18 tem of trails designated in subsection (b) as the Sil19 ver State Off-Highway Vehicle Trail. 

20 (b) DESIGNATION.—The trails that are depicted on 

21 the Map are hereby designated as the ‘‘Silver State Off22 Highway Vehicle Trail’’. 

23 (c) MANAGEMENT.— 

24 (1) IN GENERAL.—The Secretary shall manage 

25 the Trail in a manner that— 
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1 (A) is consistent with motorized and 

2 mechanized use of the Trail that is authorized 

3 on the date of the enactment of this title pursu4 ant to applicable Federal and State laws and 

5 regulations; 

6 (B) ensures the safety of the people who 

7 use the Trail; and 

8 (C) does not damage sensitive habitat or 

9 cultural resources. 

10 (2) MANAGEMENT PLAN.— 

11 (A) IN GENERAL.—Not later than 2 years 

12 after the date of the enactment of this title, the 

13 Secretary, in consultation with the State, the 

14 County, and any other interested persons, shall 

15 complete a management plan for the Trail. 

16 (B) COMPONENTS.—The management plan 

17 shall— 

18 (i) describe the appropriate uses and 

19 management of the Trail; 

20 (ii) authorize the use of motorized and 

21 mechanized vehicles on the Trail; and 

22 (iii) describe monitoring and enforce23 ment actions carried out to minimize envi24 ronmental impacts and prevent damage to 
35 

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1 cultural resources from the use of the 

2 Trail. 

3 (3) CLOSURES.— 

4 (A) IN GENERAL.—The Secretary, in con5 sultation with the State and the County, may 

6 temporarily close a portion of the Trail if the 

7 Secretary determines that— 

8 (i) the Trail is having an adverse im9 pact on— 

10 (I) natural resources; or 

11 (II) cultural resources; 

12 (ii) the Trail threatens public safety; 

13 (iii) closure of the Trail is necessary 

14 to repair damage to the Trail; or 

15 (iv) closure of the Trail is necessary 

16 to repair resource damage. 

17 (B) NOTICE.—The Secretary shall provide 

18 information to the public regarding any routes 

19 on the Trail that are closed under subpara20 graph (A), including by providing appropriate 

21 signage along the Trail. 

22 (4) NOTICE OF OPEN ROUTES.—The Secretary 

23 shall ensure that visitors to the Trail have access to 

24 adequate notice regarding the routes on the Trail 

25 that are open through use of appropriate signage 
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1 along the Trail and other information considered ap2 propriate by the Secretary. 

3 (d) NO EFFECT ON NON-FEDERAL LAND AND IN4 TERESTS IN LAND.—Nothing in this section shall be con5 strued to affect ownership, management, or other rights 

6 related to non-Federal land or interests in land. 

7 (e) MAP ON FILE.—The Map shall be kept on file 

8 at the appropriate offices of the Secretary. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this section. 

12 TITLE V—OPEN SPACE PARKS 

13 SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN 

14 COUNTY, NEVADA. 

15 (a) CONVEYANCE.—Notwithstanding section 202 and 

16 203 of the Federal Land Policy and Management Act of 

17 1976 (43 U.S.C. 1171, 1712), the Secretary may convey 

18 to the County, subject to valid existing rights, for no con19 sideration, all right title, and interest of the United States 

20 in and to the parcels of land described in subsection (b). 

21 (b) DESCRIPTION OF LAND.—The parcels of land re22 ferred to in subsection (a) are the parcels of land depicted 

23 as ‘‘Lincoln County Parks Proposal’’ on the map entitled 

24 ‘‘Lincoln County Conservation, Recreation, and Develop25 ment Act Map’’ and dated June 1, 2004. 
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1 (c) COSTS.—Any costs relating to any conveyance 

2 under subsection (a), including costs for surveys and other 

3 administrative costs, shall be paid by the County, or in 

4 accordance with section 104(b)(2) of this Act. 

5 (d) USE OF LAND.— 

6 (1) IN GENERAL.—Any parcel of land conveyed 

7 to the County under subsection (a) shall be used 

8 only for— 

9 (A) the conservation of natural resources; 

10 or 

11 (B) public parks. 

12 (2) FACILITIES.—Any facility on a parcel of 

13 land conveyed under subsection (a) shall be con14 structed and managed in a manner consistent with 

15 the uses described in paragraph (1). 

16 (e) REVERSION.—If a parcel of land conveyed under 

17 subsection (a) is used in a manner that is inconsistent 

18 with the uses specified in subsection (d), the parcel of land 

19 shall, if determined to be appropriate by the Secretary, 

20 revert to the United States. 

21 SEC. 502. OPEN SPACE PARK CONVEYANCE TO THE STATE 

22 OF NEVADA. 

23 (a) CONVEYANCE.—Notwithstanding section 202 of 

24 the Federal Land Policy and Management Act of 1976 

25 (43 U.S.C. 1712), the Secretary may convey to the State 
38 

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1 of Nevada, subject to valid existing rights, for no consider2 ation, all right, title, and interest of the United States in 

3 and to the parcels of land described in subsection (b), if 

4 there is a written agreement between the State and Lin5 coln County, Nevada, supporting such a conveyance. 

6 (b) DESCRIPTION OF LAND.—The parcels of land re7 ferred to in subsection (a) are the parcels of land depicted 

8 as ‘‘NV St. Park Expansion Proposal’’ on the map entitled 

9 ‘‘Lincoln County Conservation, Recreation, and Develop10 ment Act Map’’ and dated June 1, 2004. 

11 (c) COSTS.—Any costs relating to any conveyance 

12 under subsection (a), including costs for surveys and other 

13 administrative costs, shall be paid by the State. 

14 (d) USE OF LAND.— 

15 (1) IN GENERAL.—Any parcel of land conveyed 

16 to the State under subsection (a) shall be used only 

17 for— 

18 (A) the conservation of natural resources; 

19 or 

20 (B) public parks. 

21 (2) FACILITIES.—Any facility on a parcel of 

22 land conveyed under subsection (a) shall be con23 structed and managed in a manner consistent with 

24 the uses described in paragraph (1). 
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1 (e) REVERSION.—If a parcel of land conveyed under 

2 subsection (a) is used in a manner that is inconsistent 

3 with the uses specified in subsection (d), the parcel of land 

4 shall, if determined to be appropriate by the Secretary, 

5 revert to the United States. 

6 TITLE VI—JURISDICTION 

7 TRANSFER 

8 SEC. 601. TRANSFER OF ADMINISTRATIVE JURISDICTION 

9 BETWEEN THE FISH AND WILDLIFE SERVICE 

10 AND THE BUREAU OF LAND MANAGEMENT. 

11 (a) IN GENERAL.—Administrative jurisdiction over 

12 the land described in subsection (b) is transferred from 

13 the United States Bureau of Land Management to the 

14 United States Fish and Wildlife Service for inclusion in 

15 the Desert National Wildlife Range and the administrative 

16 jurisdiction over the land described in subsection (c) is 

17 transferred from the United States Fish and Wildlife 

18 Service to the United States Bureau of Land Manage19 ment. 

20 (b) DESCRIPTION OF LAND.— The parcel of land re21 ferred to in subsection (a) is the approximately 8,503 

22 acres of land administered by the United States Bureau 

23 of Land Management as generally depicted on the map 

24 entitled ‘‘Lincoln County Conservation, Recreation, and 

25 Development Act Map’’ and identified as ‘‘Lands to be 
40 

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1 transferred to the Fish and Wildlife Service’’ and dated 

2 June 1, 2004. 

3 (c) DESCRIPTION OF LAND.—The parcel of land re4 ferred to in subsection (a) is the approximately 8,382 

5 acres of land administered by the United States Fish and 

6 Wildlife Service as generally depicted on the map entitled 

7 ‘‘Lincoln County Conservation, Recreation, and Develop8 ment Act Map’’ and identified as ‘‘Lands to be transferred 

9 to the Bureau of Land Management’’ and dated June 1, 

10 2004. 

11 (d) AVAILABILITY.—Each map and legal description 

12 shall be on file and available for public inspection in (as 

13 appropriate)— 

14 (1) the Office of the Director of the Bureau of 

15 Land Management; 

16 (2) the Office of the State Director of the Bu17 reau of Land Management; 

18 (3) the Ely District Office of the Bureau of 

19 Land Management; and 

20 (4) the Caliente Field Office of the Bureau of 

21 Land Management. 

Æ