In the Senate of the United States,

October 10, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4593) entitled ‘‘An Act to establish wilderness

areas, promote conservation, improve public land, and provide

for the high quality development in Lincoln County, Nevada,

and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:
 †

2

HR 4593 EAS

1 SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums as

3 are necessary to carry out this Act.

4 SEC. 2. SHORT TITLE.

5 This Act may be cited as the ‘‘Lincoln County Con6 servation, Recreation, and Development Act of 2004’’.

7 Title I—LAND DISPOSAL

8 SEC. 101. DEFINITIONS.

9 In this title:

10 (1) COUNTY.—The term ‘‘County’’ means Lin11 coln County, Nevada.

12 (2) MAP.—The term ‘‘map’’ means the map enti13 tled ‘‘Lincoln County Conservation, Recreation, and

14 Development Act Map’’ and dated October 1, 2004.

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

16 the Secretary of the Interior.

17 (4) SPECIALACCOUNT.—The term ‘‘special ac18 count’’ means the special account established under

19 section 103(b)(3).

20 SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

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

22 203 of the Federal Land Policy and Management Act of

23 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation

24 with the County, in accordance with that Act, this title,

25 and other applicable law and subject to valid existing

26 rights, shall conduct sales of—
†

3

HR 4593 EAS

1 (1) the land described in subsection (b)(1) to

2 qualified bidders not later than 75 days after the date

3 of the enactment of this Act; and

4 (2) the land described in subsection (b)(2) to

5 qualified bidders as such land becomes available for

6 disposal.

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

8 subsection (a) consists of—

9 (1) the land identified on the map as Tract A

10 and Tract B totaling approximately 13,328 acres;

11 and

12 (2) not more than 90,000 acres of Bureau of

13 Land Management managed public land in Lincoln

14 County that is not segregated or withdrawn on the

15 date of enactment of this Act or thereafter, and that

16 is identified for disposal by the BLM either through—

17 (A) the Ely Resource Management Plan (in18 tended to be finalized in 2005); or

19 (B) a subsequent amendment to that land

20 use plan undertaken with full public involve21 ment.

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

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

24 appropriate)—
†

4

HR 4593 EAS

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

2 Land Management;

3 (2) the Office of the Nevada State Director of the

4 Bureau of Land Management;

5 (3) the Ely Field Office of the Bureau of Land

6 Management; and

7 (4) the Caliente Field Station of the Bureau of

8 Land Management.

9 (d) JOINT SELECTION REQUIRED.—The Secretary and

10 the County shall jointly select which parcels of land de11 scribed in subsection (b)(2) to offer for sale under subsection

12 (a).

13 (e) COMPLIANCE WITH LOCAL PLANNING AND ZONING

14 LAWS.—Before a sale of land under subsection (a), the

15 County shall submit to the Secretary a certification that

16 qualified bidders have agreed to comply with—

17 (1) County and city zoning ordinances; and

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

19 County.

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

21 land under subsection (a) shall be—

22 (1) consistent with section 203(d) and 203(f) of

23 the Federal Land Management Policy Act of 1976 (43

24 U.S.C. 1713(d) and (f));
†

5

HR 4593 EAS

1 (2) through a competitive bidding process unless

2 otherwise determined by the Secretary; and

3 (3) for not less than fair market value.

4 (g) WITHDRAWAL.—

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

6 rights and except as provided in paragraph (2), the

7 land described in subsection (b) is withdrawn from—

8 (A) all forms of entry and appropriation

9 under the public land laws, including the min10 ing laws;

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

12 mining laws; and

13 (C) operation of the mineral leasing and

14 geothermal leasing laws.

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

16 apply to a competitive sale or an election by the

17 County to obtain the land described in subsection (b)

18 for public purposes under the Act of June 14, 1926

19 (43 U.S.C. 869 et seq; commonly known as the

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

21 (h) DEADLINE FOR SALE.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Secretary shall—

24 (A) notwithstanding the Lincoln County

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

6

HR 4593 EAS

1 than 75 days after the date of the enactment of

2 this Act, offer by sale the land described in sub3 section (b)(1) if there is a qualified bidder for

4 such land; and

5 (B) offer for sale annually lands identified

6 for sale in subsection (b)(2) until such lands are

7 disposed of or unless the county requests a post8 ponement under paragraph (2).

9 (2) POSTPONEMENT; EXCLUSION FROM SALE.—

10 (A) REQUEST BY COUNTY FOR POSTPONE11 MENT OR EXCLUSION.—At the request of the

12 County, the Secretary shall postpone or exclude

13 from the sale all or a portion of the land de14 scribed in subsection (b)(2).

15 (B) INDEFINITE POSTPONEMENT.—Unless

16 specifically requested by the County, a postpone17 ment under subparagraph (A) shall not be in18 definite.

19 SEC. 103. DISPOSITION OF PROCEEDS.

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

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

22 the disposition of the gross proceeds from the sale of land

23 described in section 102(b)(1).
†

7

HR 4593 EAS

1 (b) DISPOSITION OF PROCEEDS.—Proceeds from sales

2 of lands described in section 102(b)(2) shall be disbursed

3 as follows—

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

5 for use in the general education program of the State;

6 (2) 10 percent shall be paid to the County for

7 use for fire protection, law enforcement, public safety,

8 housing, social services, and transportation; and

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

10 account in the Treasury of the United States and

11 shall be available without further appropriation to

12 the Secretary until expended for—

13 (A) the reimbursement of costs incurred by

14 the Nevada State office and the Ely Field Office

15 of the Bureau of Land Management for pre16 paring for the sale of land described in section

17 102(b) including surveys appraisals, compliance

18 with the National Environmental Policy Act of

19 1969 (42 U.S.C. 4321) and compliance with the

20 Federal Land Policy and Management Act of

21 1976 (43 U.S.C. 1711, 1712);

22 (B) the inventory, evaluation, protection,

23 and management of unique archaeological re24 sources (as defined in section 3 of the Archae-
†

8

HR 4593 EAS

1 ological Resources Protection Act of 19792 (16

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

3 (C) the development and implementation of

4 a multispecies habitat conservation plan for the

5 County;

6 (D) processing of public land use authoriza7 tions and rights-of-way relating to the develop8 ment of land conveyed under section 102(a) of

9 this Act;

10 (E) processing the Silver State OHV trail

11 and implementing the management plan re12 quired by section 151(c)(2) of this Act; and

13 (F) processing wilderness designation, in14 cluding but not limited to, the costs of appro15 priate fencing, signage, public education, and

16 enforcement for the wilderness areas designated.

17 (c) INVESTMENT OF SPECIAL ACCOUNT.—Any

18 amounts deposited in the special account shall earn interest

19 in an amount determined by the Secretary of the Treasury

20 on the basis of the current average market yield on out21 standing marketable obligations of the United States of

22 comparable maturities, and may be expended according to

23 the provisions of this section.
†

9

HR 4593 EAS

1 Title II—WILDERNESS AREAS

2 SEC. 111. FINDINGS.

3 Congress finds that—

4 (1) public land in the County contains unique

5 and spectacular natural resources, including—

6 (A) priceless habitat for numerous species of

7 plants and wildlife; and

8 (B) thousands of acres of land that remain

9 in a natural state; and

10 (2) continued preservation of those areas would

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

12 (A) ensuring the conservation of ecologically

13 diverse habitat;

14 (B) protecting prehistoric cultural resources;

15 (C) conserving primitive recreational re16 sources; and

17 (D) protecting air and water quality.

18 SEC. 112. DEFINITIONS.

19 In this title:

20 (1) COUNTY.—The term ‘‘County’’ means Lin21 coln County, Nevada.

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

23 the Secretary of the Interior.

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

25 of Nevada.
†

10

HR 4593 EAS

1 SEC. 113. ADDITIONS TO NATIONAL WILDERNESS PRESER2 VATION SYSTEM.

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

4 designated as wilderness and as components of the National

5 Wilderness Preservation System:

6 (1) MORMON MOUNTAINS WILDERNESS.—Certain

7 Federal land managed by the Bureau of Land Man8 agement, comprising approximately 157,938 acres, as

9 generally depicted on the map entitled ‘‘Southern

10 Lincoln County Wilderness Map’’, dated October 1,

11 2004, which shall be known as the ‘‘Mormon Moun12 tains Wilderness’’.

13 (2) MEADOW VALLEY RANGE WILDERNESS.—Cer14 tain Federal land managed by the Bureau of Land

15 Management, comprising approximately 123,488

16 acres, as generally depicted on the map entitled

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

18 October 1, 2004, which shall be known as the ‘‘Mead19 ow Valley Range Wilderness’’.

20 (3) DELAMAR MOUNTAINS WILDERNESS.—Cer21 tain Federal land managed by the Bureau of Land

22 Management, comprising approximately 111,328

23 acres, as generally depicted on the map entitled

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

25 October 1, 2004, which shall be known as the

26 ‘‘Delamar Mountains Wilderness’’.
†

11

HR 4593 EAS

1 (4) CLOVER MOUNTAINS WILDERNESS.—Certain

2 Federal land managed by the Bureau of Land Man3 agement, comprising approximately 85,748 acres, as

4 generally depicted on the map entitled ‘‘Southern

5 Lincoln County Wilderness Map’’, dated October 1,

6 2004, which shall be known as the ‘‘Clover Mountains

7 Wilderness’’.

8 (5) SOUTH PAHROC RANGE WILDERNESS.—Cer9 tain Federal land managed by the Bureau of Land

10 Management, comprising approximately 25,800 acres,

11 as generally depicted on the map entitled ‘‘Western

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

13 2004, which shall be known as the ‘‘South Pahroc

14 Range Wilderness’’.

15 (6) WORTHINGTON MOUNTAINS WILDERNESS.—

16 Certain Federal land managed by the Bureau of

17 Land Management, comprising approximately 30,664

18 acres, as generally depicted on the map entitled

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

20 October 1, 2004, which shall be known as the ‘‘Wor21 thington Mountains Wilderness’’.

22 (7) WEEPAH SPRING WILDERNESS.—Certain

23 Federal land managed by the Bureau of Land Man24 agement, comprising approximately 51,480 acres, as

25 generally depicted on the map entitled ‘‘Western Lin-
†

12

HR 4593 EAS

1 coln County Wilderness Map’’, dated October 1, 2004,

2 which shall be known as the ‘‘Weepah Spring Wilder3 ness’’.

4 (8) PARSNIP PEAK WILDERNESS.—Certain Fed5 eral land managed by the Bureau of Land Manage6 ment, comprising approximately 43,693 acres, as gen7 erally depicted on the map entitled ‘‘Northern Lincoln

8 County Wilderness Map’’, dated October 1, 2004,

9 which shall be known as the ‘‘Parsnip Peak Wilder10 ness’’.

11 (9) WHITE ROCK RANGE WILDERNESS.—Certain

12 Federal land managed by the Bureau of Land Man13 agement, comprising approximately 24,413 acres, as

14 generally depicted on the map entitled ‘‘Northern

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

16 2004, which shall be known as the ‘‘White Rock

17 Range Wilderness’’.

18 (10) FORTIFICATION RANGE WILDERNESS.—Cer19 tain Federal land managed by the Bureau of Land

20 Management, comprising approximately 30,656 acres,

21 as generally depicted on the map entitled ‘‘Northern

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

23 2004, which shall be known as the ‘‘Fortification

24 Range Wilderness’’.
†

13

HR 4593 EAS

1 (11) FAR SOUTH EGANS WILDERNESS.—Certain

2 Federal land managed by the Bureau of Land Man3 agement, comprising approximately 36,384 acres, as

4 generally depicted on the map entitled ‘‘Northern

5 Lincoln County Wilderness Map’’, dated October 1,

6 2004, which shall be known as the ‘‘Far South Egans

7 Wilderness’’.

8 (12) TUNNELSPRING WILDERNESS.—Certain

9 Federal land managed by the Bureau of Land Man10 agement, comprising approximately 5,371 acres, as

11 generally depicted on the map entitled ‘‘Southern

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

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

14 Wilderness’’.

15 (13) BIG ROCKS WILDERNESS.—Certain Federal

16 land managed by the Bureau of Land Management,

17 comprising approximately 12,997 acres, as generally

18 depicted on the map entitled ‘‘Western Lincoln Coun19 ty Wilderness Map’’, dated October 1, 2004, which

20 shall be known as the ‘‘Big Rocks Wilderness’’.

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

22 land managed by the Bureau of Land Management,

23 comprising approximately 28,334 acres, as generally

24 depicted on the map entitled ’’Western Lincoln Coun-
†

14

HR 4593 EAS

1 ty Wilderness Map’’, dated October 1, 2004, which

2 shall be known as the ’’Mt. Irish Wilderness’’.

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

4 wilderness area designated by subsection (a) that is bor5 dered by a road shall be at least 100 feet from the edge

6 of the road to allow public access.

7 (c) MAP AND LEGAL DESCRIPTION.—

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

9 the date of enactment of this Act, the Secretary shall

10 file a map and legal description of each wilderness

11 area designated by subsection (a) with the Committee

12 on Resources of the House of Representatives and the

13 Committee on Energy and Natural Resources of the

14 Senate.

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

16 shall have the same force and effect as if included in

17 this section, except that the Secretary may correct

18 clerical and typographical errors in the map or legal

19 description.

20 (3) AVAILABILITY.—Each map and legal descrip21 tion shall be on file and available for public inspec22 tion in (as appropriate)—

23 (A) the Office of the Director of the Bureau

24 of Land Management;
†

15

HR 4593 EAS

1 (B) the Office of the Nevada State Director

2 of the Bureau of Land Management;

3 (C) the Ely Field Office of the Bureau of

4 Land Management; and

5 (D) the Caliente Field Station of the Bu6 reau of Land Management.

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

8 the wilderness areas designated by subsection (a) are with9 drawn from—

10 (1) all forms of entry, appropriation, and dis11 posal under the public land laws;

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

13 laws; and

14 (3) operation of the mineral leasing and geo15 thermal leasing laws.

16 SEC. 114. ADMINISTRATION.

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

18 each area designated as wilderness by this title shall be ad19 ministered by the Secretary in accordance with the Wilder20 ness Act (16 U.S.C. 1131 et seq.), except that—

21 (1) any reference in that Act to the effective date

22 shall be considered to be a reference to the date of the

23 enactment of this Act; and
†

16

HR 4593 EAS

1 (2) any reference in that Act to the Secretary of

2 Agriculture shall be considered to be a reference to the

3 Secretary of the Interior.

4 (b) LIVESTOCK.—Within the wilderness areas des5 ignated under this title that are administered by the Bu6 reau of Land Management, the grazing of livestock in areas

7 in which grazing is established as of the date of enactment

8 of this Act shall be allowed to continue, subject to such rea9 sonable regulations, policies, and practices that the Sec10 retary considers necessary, consistent with section 4(d)(4)

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

12 guidelines set forth in Appendix A of House Report 101–

13 405.

14 (c) INCORPORATION OF ACQUIRED LAND AND INTER15 ESTS.—Any land or interest in land within the boundaries

16 of an area designated as wilderness by this title that is ac17 quired by the United States after the date of the enactment

18 of this Act shall be added to and administered as part of

19 the wilderness area within which the acquired land or inter20 est is located.

21 (d) WATER RIGHTS.—

22 (1) FINDINGS.—Congress finds that—

23 (A) the land designated as Wilderness by

24 this title is within the Northern Mojave and
†

17

HR 4593 EAS

1 Great Basin Deserts, is arid in nature, and in2 cludes ephemeral streams;

3 (B) the hydrology of the land designated as

4 wilderness by this title is predominantly charac5 terized by complex flow patterns and alluvial

6 fans with impermanent channels;

7 (C) the subsurface hydrogeology of the re8 gion is characterized by ground water subject to

9 local and regional flow gradients and unconfined

10 and artesian conditions;

11 (D) the land designated as wilderness by

12 this title is generally not suitable for use or de13 velopment of new water resource facilities; and

14 (E) because of the unique nature and hy15 drology of the desert land designated as wilder16 ness by this title, it is possible to provide for

17 proper management and protection of the wilder18 ness and other values of lands in ways different

19 from those used in other legislation.

20 (2) STATUTORY CONSTRUCTION.—Nothing in this

21 title—

22 (A) shall constitute or be construed to con23 stitute either an express or implied reservation

24 by the United States of any water or water
†

18

HR 4593 EAS

1 rights with respect to the land designated as wil2 derness by this title;

3 (B) shall affect any water rights in the

4 State existing on the date of the enactment of

5 this Act, including any water rights held by the

6 United States;

7 (C) shall be construed as establishing a

8 precedent with regard to any future wilderness

9 designations;

10 (D) shall affect the interpretation of, or any

11 designation made pursuant to, any other Act; or

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

13 modifying, or amending any of the interstate

14 compacts or equitable apportionment decrees that

15 apportion water among and between the State

16 and other States.

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

18 follow the procedural and substantive requirements of

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

20 water rights not in existence on the date of enactment

21 of this Act with respect to the wilderness areas des22 ignated by this title.

23 (4) NEW PROJECTS.—
†

19

HR 4593 EAS

1 (A) WATER RESOURCE FACILITY.—As used

2 in this paragraph, the term ‘‘water resource

3 facility’’—

4 (i) means irrigation and pumping fa5 cilities, reservoirs, water conservation

6 works, aqueducts, canals, ditches, pipelines,

7 wells, hydropower projects, and trans8 mission and other ancillary facilities, and

9 other water diversion, storage, and carriage

10 structures; and

11 (ii) does not include wildlife guzzlers.

12 (B) RESTRICTION ON NEW WATER RE13 SOURCE FACILITIES.—Except as otherwise pro14 vided in this Act, on and after the date of the

15 enactment of this Act, neither the President nor

16 any other officer, employee, or agent of the

17 United States shall fund, assist, authorize, or

18 issue a license or permit for the development of

19 any new water resource facility within the wil20 derness areas designated by this Act.

21 SEC. 115. ADJACENT MANAGEMENT.

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

23 designation of wilderness in the State pursuant to this title

24 to lead to the creation of protective perimeters or buffer

25 zones around any such wilderness area.
†

20

HR 4593 EAS

1 (b) NONWILDERNESS ACTIVITIES.—The fact that non2 wilderness activities or uses can be seen or heard from areas

3 within a wilderness designated under this title shall not

4 preclude the conduct of those activities or uses outside the

5 boundary of the wilderness area.

6 SEC. 116. MILITARY OVERFLIGHTS.

7 Nothing in this title restricts or precludes—

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

9 the areas designated as wilderness by this title, in10 cluding military overflights that can be seen or heard

11 within the wilderness areas;

12 (2) flight testing and evaluation; or

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

14 special use airspace, or the establishment of military

15 flight training routes, over the wilderness areas.

16 SEC. 117. NATIVE AMERICAN CULTURAL AND RELIGIOUS

17 USES.

18 Nothing in this title shall be construed to diminish the

19 rights of any Indian tribe. Nothing in this title shall be

20 construed to diminish tribal rights regarding access to Fed21 eral land for tribal activities, including spiritual, cultural,

22 and traditional food-gathering activities.

23 SEC. 118. RELEASE OF WILDERNESS STUDY AREAS.

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

25 section 603 of the Federal Land Policy and Management
†

21

HR 4593 EAS

1 Act of 1976 (43 U.S.C. 1782), the public land in the County

2 administered by the Bureau of Land Management in the

3 following areas has been adequately studied for wilderness

4 designation:

5 (1) The Table Mountain Wilderness Study Area.

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

7 Areas.

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

9 (A) not designated as wilderness by section

10 114(a); and

11 (B) depicted as released on—

12 (i) the map entitled ‘‘Northern Lincoln

13 County Wilderness Map’’ and dated October

14 1, 2004;

15 (ii) the map entitled ‘‘Southern Lin16 coln County Wilderness Map’’ and dated

17 October 1, 2004; or

18 (iii) the map entitled ‘‘Western Lin19 coln County Wilderness Map’’ and dated

20 October 1, 2004.

21 (b) RELEASE.—Any public land described in sub22 section (a) that is not designated as wilderness by this

23 title—
†

22

HR 4593 EAS

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

2 Federal Land Policy and Management Act of 1976

3 (43 U.S.C. 1782(c));

4 (2) shall be managed in accordance with—

5 (A) land management plans adopted under

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

7 (B) existing cooperative conservation agree8 ments; and

9 (3) shall be subject to the Endangered Species

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

11 SEC. 119. WILDLIFE MANAGEMENT.

12 (a) IN GENERAL.—In accordance with section 4(d)(7)

13 of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in

14 this title affects or diminishes the jurisdiction of the State

15 with respect to fish and wildlife management, including the

16 regulation of hunting, fishing, and trapping, in the wilder17 ness areas designated by this title.

18 (b) MANAGEMENT ACTIVITIES.—In furtherance of the

19 purposes and principles of the Wilderness Act, management

20 activities to maintain or restore fish and wildlife popu21 lations and the habitats to support such populations may

22 be carried out within wilderness areas designated by this

23 title where consistent with relevant wilderness management

24 plans, in accordance with appropriate policies such as those

25 set forth in Appendix B of House Report 101–405, includ-
†

23

HR 4593 EAS

1 ing the occasional and temporary use of motorized vehicles,

2 if such use, as determined by the Secretary, would promote

3 healthy, viable, and more naturally distributed wildlife

4 populations that would enhance wilderness values and ac5 complish those purposes with the minimum impact nec6 essary to reasonably accomplish the task.

7 (c) EXISTING ACTIVITIES.—Consistent with section

8 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and in

9 accordance with appropriate policies such as those set forth

10 in Appendix B of House Report 101–405, the State may

11 continue to use aircraft, including helicopters, to survey,

12 capture, transplant, monitor, and provide water for wildlife

13 populations, including bighorn sheep, and feral stock,

14 horses, and burros.

15 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.—

16 Subject to subsection (f), the Secretary shall authorize struc17 tures and facilities, including existing structures and facili18 ties, for wildlife water development projects, including guz19 zlers, in the wilderness areas designated by this Act if—

20 (1) the structures and facilities will, as deter21 mined by the Secretary, enhance wilderness values by

22 promoting healthy, viable, and more naturally dis23 tributed wildlife populations; and
†

24

HR 4593 EAS

1 (2) the visual impacts of the structures and fa2 cilities on the wilderness areas can reasonably be

3 minimized.

4 (e) HUNTING, FISHING, AND TRAPPING.—In consulta5 tion with the appropriate State agency (except in emer6 gencies), the Secretary may designate by regulation areas

7 in which, and establish periods during which, for reasons

8 of public safety, administration, or compliance with appli9 cable laws, no hunting, fishing, or trapping will be per10 mitted in the wilderness areas designated by this Act.

11 (f) COOPERATIVE AGREEMENT.—The terms and condi12 tions under which the State, including a designee of the

13 State, may conduct wildlife management activities in the

14 wilderness areas designated by this title are specified in the

15 cooperative agreement between the Secretary and the State,

16 entitled ‘‘Memorandum of Understanding between the Bu17 reau of Land Management and the Nevada Department of

18 Wildlife Supplement No. 9,’’ and signed November and De19 cember 2003, including any amendments to that document

20 agreed upon by the Secretary and the State and subject to

21 all applicable laws and regulations. Any references to Clark

22 County in that document shall also be deemed to be referred

23 to and shall apply to Lincoln County, Nevada.
†

25

HR 4593 EAS

1 SEC. 120. WILDFIRE MANAGEMENT.

2 Consistent with section 4 of the Wilderness Act (16

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

4 State, or local agency from conducting wildfire manage5 ment operations (including operations using aircraft or

6 mechanized equipment) to manage wildfires in the wilder7 ness areas designated by this title.

8 SEC. 121. CLIMATOLOGICAL DATA COLLECTION.

9 Subject to such terms and conditions as the Secretary

10 may prescribe, nothing in this title precludes the installa11 tion and maintenance of hydrologic, meteorologic, or cli12 matological collection devices in the wilderness areas des13 ignated by this title if the facilities and access to the facili14 ties are essential to flood warning, flood control, and water

15 reservoir operation activities.

16 Title III—UTILITY CORRIDORS

17 SEC. 131. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

18 (a) UTILITY CORRIDOR.—

19 (1) IN GENERAL.—Consistent with title II and

20 notwithstanding sections 202 and 503 of the Federal

21 Land Policy and Management Act of 1976 (43 U.S.C.

22 1711, 1763), the Secretary of the Interior (referred to

23 in this section as the ‘‘Secretary’’) shall establish on

24 public land a 2,640-foot wide corridor for utilities in

25 Lincoln County and Clark County, Nevada, as gen26 erally depicted on the map entitled ‘‘Lincoln County
†

26

HR 4593 EAS

1 Conservation, Recreation, and Development Act’’, and

2 dated October 1, 2004.

3 (2) AVAILABILITY.—Each map and legal descrip4 tion shall be on file and available for public inspec5 tion in (as appropriate)—

6 (A) the Office of the Director of the Bureau

7 of Land Management;

8 (B) the Office of the Nevada State Director

9 of the Bureau of Land Management;

10 (C) the Ely Field Office of the Bureau of

11 Land Management; and

12 (D) the Caliente Field Station of the Bu13 reau of Land Management.

14 (b) RIGHTS-OF-WAY.—

15 (1) IN GENERAL.—Notwithstanding sections 202

16 and 503 of the Federal Land Policy and Management

17 Act of 1976 (43 U.S.C. 1711, 1763), and subject to

18 valid and existing rights, the Secretary shall grant to

19 the Southern Nevada Water Authority and the Lin20 coln County Water District nonexclusive rights-of-way

21 to Federal land in Lincoln County and Clark County,

22 Nevada, for any roads, wells, well fields, pipes, pipe23 lines, pump stations, storage facilities, or other facili24 ties and systems that are necessary for the construc-
†

27

HR 4593 EAS

1 tion and operation of a water conveyance system, as

2 depicted on the map.

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

4 under paragraph (1) shall be granted in perpetuity

5 and shall not require the payment of rental.

6 (3) COMPLIANCE WITH NEPA.—Before granting a

7 right-of-way under paragraph (1), the Secretary shall

8 comply with the National Environmental Policy Act

9 of 1969 (42 U.S.C. 4321 et seq.), including the identi10 fication and consideration of potential impacts to fish

11 and wildlife resources and habitat.

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

13 the utility corridors designated by subsection (a) are with14 drawn from—

15 (1) all forms of entry, appropriation, and dis16 posal under the public land laws;

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

18 laws; and

19 (3) operation of the mineral leasing and geo20 thermal leasing laws.

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

22 (1) prejudice the decisions or abrogate the juris23 diction of the Nevada or Utah State Engineers with

24 respect to the appropriation, permitting, certification,

25 or adjudication of water rights;
†

28

HR 4593 EAS

1 (2) preempt Nevada or Utah State water law; or

2 (3) limit or supersede existing water rights or

3 interest in water rights under Nevada or Utah State

4 law.

5 (e) WATER RESOURCES STUDY.—

6 (1) IN GENERAL.—The Secretary, acting through

7 the United States Geological Survey, the Desert Re8 search Institute, and a designee from the State of

9 Utah shall conduct a study to investigate ground

10 water quantity, quality, and flow characteristics in

11 the deep carbonate and alluvial aquifers of White

12 Pine County, Nevada, and any groundwater basins

13 that are located in White Pine County, Nevada, or

14 Lincoln County, Nevada, and adjacent areas in Utah.

15 The study shall—

16 (A) focus on a review of existing data and

17 may include new data;

18 (B) determine the approximate volume of

19 water stored in aquifers in those areas;

20 (C) determine the discharge and recharge

21 characteristics of each aquifer system;

22 (D) determine the hydrogeologic and other

23 controls that govern the discharge and recharge

24 of each aquifer system; and
†

29

HR 4593 EAS

1 (E) develop maps at a consistent scale de2 picting aquifer systems and the recharge and

3 discharge areas of such systems.

4 (2) TIMING; AVAILABILITY.—The Secretary shall

5 complete a draft of the water resources report required

6 under paragraph (1) not later than 30 months after

7 the date of the enactment of this Act. The Secretary

8 shall then make the draft report available for public

9 comment for a period of not less than 60 days. The

10 final report shall be submitted to the Committee on

11 Resources in the House of Representatives and the

12 Committee on Energy and Natural Resources in the

13 Senate and made available to the public not later

14 than 36 months after the date of the enactment of this

15 Act.

16 (3) AGREEMENT.—Prior to any transbasin di17 version from ground-water basins located within both

18 the State of Nevada and the State of Utah, the State

19 of Nevada and the State of Utah shall reach an agree20 ment regarding the division of water resources of

21 those interstate ground-water flow system(s) from

22 which water will be diverted and used by the project.

23 The agreement shall allow for the maximum sustain24 able beneficial use of the water resources and protect

25 existing water rights.
†

30

HR 4593 EAS

1 (4) FUNDING.—Section 4(e)(3)(A) of the South2 ern Nevada Public Land Management Act of 1998

3 (112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317) is

4 amended—

5 (A) in clauses (ii), (iv), and (v), by striking

6 ‘‘County’’ each place it appears and inserting

7 ‘‘and Lincoln Counties’’;

8 (B) in clause (vi), by striking ‘‘and’’ at the

9 end;

10 (C) by redesignating clause (vii) as clause

11 (viii); and

12 (D) by inserting after clause (vi) the fol13 lowing:

14 ‘‘(vii) for development of a water study

15 for Lincoln and White Pine Counties, Ne16 vada, in an amount not to exceed

17 $6,000,000; and’’.

18 SEC. 132. RELOCATION OF RIGHT-OF-WAY AND UTILITY

19 CORRIDORS LOCATED IN CLARK AND LIN20 COLN COUNTIES IN THE STATE OF NEVADA.

21 (a) DEFINITIONS.—In this section:

22 (1) AGREEMENT.—The term ‘‘Agreement’’ means

23 the land exchange agreement between Aerojet-General

24 Corporation and the United States, dated July 14,

25 1988.
†

31

HR 4593 EAS

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

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

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

4 Nevada-Florida Land Exchange Authoriza5 tion Act of 1988 (102 Stat. 55); and

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

7 Agreement;

8 (B) such portion of the utility corridor

9 identified in the 1988 Las Vegas Resource Man10 agement Plan located south of the boundary of

11 the corridor described in subparagraph (A) as is

12 necessary to relocate the right-of-way corridor to

13 the area described in subsection (c)(2); and

14 (C) such portion of the utility corridor

15 identified in the 2000 Caliente Management

16 Framework Plan Amendment located north of

17 the boundary of the corridor described in sub18 paragraph (A) as is necessary to relocate the

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

20 subsection (c)(2).

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

22 the Secretary of the Interior.

23 (b) RELINQUISHMENT AND FAIR MARKET VALUE.—

24 (1) IN GENERAL.—The Secretary shall, in ac25 cordance with this section, relinquish all right, title,
†

32

HR 4593 EAS

1 and interest of the United States in and to the cor2 ridor on receipt of a payment in an amount equal to

3 the fair market value of the corridor (plus any costs

4 relating to the right-of-way relocation described in

5 this title).

6 (2) FAIR MARKET VALUE.—

7 (A) The fair market value of the corridor

8 shall be equal to the amount by which the value

9 of the discount described in the 1988 appraisal

10 of the corridor that was applied to the land un11 derlying the corridor has increased, as deter12 mined by the Secretary using the multiplier de13 termined under subparagraph (B).

14 (B) Not later than 60 days after the date of

15 the enactment of this Act, the Appraisal Services

16 Directorate of the Department of the Interior

17 shall determine an appropriate multiplier to re18 flect the change in the value of the land under19 lying the corridor between—

20 (i) the date of which the corridor was

21 transferred in accordance with the Agree22 ment; and

23 (ii) the date of enactment of this Act.
†

33

HR 4593 EAS

1 (3) PROCEEDS.—Proceeds under this subsection

2 shall be deposited in the account established under

3 section 103(b)(3)

4 (c) RELOCATION.—

5 (1) IN GENERAL.—The Secretary shall relocate to

6 the area described in paragraph (2), the portion of

7 IDI–26446 and UTU–73363 identified as NVN–

8 49781 that is located in the corridor relinquished

9 under subsection (b)(1).

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

11 to in paragraph (1) is the area located on public land

12 west of United States Route 93.

13 (3) REQUIREMENTS.—The relocation under

14 paragraph (1) shall be conducted in a manner that—

15 (A) minimizes engineering design changes;

16 and

17 (B) maintains a gradual and smooth inter18 connection of the corridor with the area described

19 in paragraph (2).

20 (4) AUTHORIZED USES.—The Secretary may au21 thorize the location of any above ground or under22 ground utility facility, transmission lines, gas pipe23 lines, natural gas pipelines, fiber optics, telecommuni24 cations, water lines, wells (including monitoring
†

34

HR 4593 EAS

1 wells), cable television, and any related appur2 tenances in the area described in paragraph (1).

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

4 section shall not require the Secretary to update the 1998

5 Las Vegas Valley Resource Management Plan or the 2000

6 Caliente Management Framework Plan Amendment.

7 (e) WAIVER OF CERTAIN REQUIREMENTS.—The Sec8 retary shall waive the requirements of the Federal Land

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

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

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

12 with respect to an amendment to the legal description of

13 the right-of-way corridor.

14 Title IV—SILVER STATE OFF15 HIGHWAY VEHICLE TRAIL

16 SEC. 141. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

17 (a) DEFINITIONS.—In this section:

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

19 the Secretary of the Interior.

20 (2) MAP.—The term ‘‘Map’’ means the map enti21 tled ‘‘Lincoln County Conservation, Recreation and

22 Development Act Map’’ and dated October 1, 2004.

23 (3) TRAIL.—The term ‘‘Trail’’ means the system

24 of trails designated in subsection (b) as the Silver

25 State Off-Highway Vehicle Trail.
†

35

HR 4593 EAS

1 (b) DESIGNATION.—The trails that are generally de2 picted on the Map are hereby designated as the ‘‘Silver

3 State Off-Highway Vehicle Trail’’.

4 (c) MANAGEMENT.—

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

6 the Trail in a manner that—

7 (A) is consistent with motorized and mecha8 nized use of the Trail that is authorized on the

9 date of the enactment of this Act pursuant to ap10 plicable Federal and State laws and regulations;

11 (B) ensures the safety of the people who use

12 the Trail; and

13 (C) does not damage sensitive habitat or

14 cultural resources.

15 (2) MANAGEMENT PLAN.—

16 (A) IN GENERAL.—Not later than 3 years

17 after the date of the enactment of this Act, the

18 Secretary, in consultation with the State, the

19 County, and any other interested persons, shall

20 complete a management plan for the Trail.

21 (B) COMPONENTS.—The management plan

22 shall—

23 (i) describe the appropriate uses and

24 management of the Trail;
†

36

HR 4593 EAS

1 (ii) authorize the use of motorized and

2 mechanized vehicles on the Trail; and

3 (iii) describe actions carried out to pe4 riodically evaluate and manage the appro5 priate levels of use and location of the Trail

6 to minimize environmental impacts and

7 prevent damage to cultural resources from

8 the use of the Trail.

9 (3) MONITORING AND EVALUATION.—

10 (A) ANNUALASSESSMENT.—The Secretary

11 shall annually assess the effects of the use of off12 highway vehicles on the Trail and, in consulta13 tion with the Nevada Division of Wildlife, assess

14 the effects of the Trail on wildlife and wildlife

15 habitat to minimize environmental impacts and

16 prevent damage to cultural resources from the

17 use of the Trail.

18 (B) CLOSURE.—The Secretary, in consulta19 tion with the State and the County, may tempo20 rarily close or permanently reroute, subject to

21 subparagraph (C), a portion of the Trail if the

22 Secretary determines that—

23 (i) the Trail is having an adverse im24 pact on—

25 (I) natural resources; or
†

37

HR 4593 EAS

1 (II) cultural resources;

2 (ii) the Trail threatens public safety;

3 (iii) closure of the Trail is necessary to

4 repair damage to the Trail; or

5 (iv) closure of the Trail is necessary to

6 repair resource damage.

7 (C) REROUTING.—Portions of the Trail that

8 are temporarily closed may be permanently re9 routed along existing roads and trails on public

10 lands currently open to motorized use if the Sec11 retary determines that such rerouting will not

12 significantly increase or decrease the length of

13 the Trail.

14 (D) NOTICE.—The Secretary shall provide

15 information to the public regarding any routes

16 on the Trail that are closed under subparagraph

17 (B), including by providing appropriate signage

18 along the Trail.

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

20 shall ensure that visitors to the Trail have access to

21 adequate notice regarding the routes on the Trail that

22 are open through use of appropriate signage along the

23 Trail and through the distribution of maps, safety

24 education materials, and other information consid25 ered appropriate by the Secretary.
†

38

HR 4593 EAS

1 (d) NO EFFECT ON NON-FEDERAL LAND AND INTER2 ESTS IN LAND.—Nothing in this section shall be construed

3 to affect ownership, management, or other rights related to

4 non-Federal land or interests in land.

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

6 the appropriate offices of the Secretary.

7 Title V—OPEN SPACE PARKS

8 SEC. 151. OPEN SPACE PARK CONVEYANCE TO LINCOLN

9 COUNTY, NEVADA.

10 (a) CONVEYANCE.—Notwithstanding sections 202 and

11 203 of the Federal Land Policy and Management Act of

12 1976 (43 U.S.C. 1171, 1712), not later than 1 year after

13 lands are identified by the County, the Secretary shall con14 vey to the County, subject to valid existing rights, for no

15 consideration, all right title, and interest of the United

16 States in and to the parcels of land described in subsection

17 (b).

18 (b) DESCRIPTION OF LAND.—Up to 15,000 acres of

19 Bureau of Land Management-managed public land in Lin20 coln County identified by the county in consultation with

21 the Bureau of Land Management.

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

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

24 administrative costs, shall be paid by the County, or in ac25 cordance with section 103(b)(2) of this Act.
†

39

HR 4593 EAS

1 (d) USE OF LAND.—

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

3 to the County under subsection (a) shall be used only

4 for—

5 (A) the conservation of natural resources; or

6 (B) public parks.

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

8 land conveyed under subsection (a) shall be con9 structed and managed in a manner consistent with

10 the uses described in paragraph (1).

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

12 subsection (a) is used in a manner that is inconsistent with

13 the uses specified in subsection (d), the parcel of land shall,

14 at the discretion of the Secretary, revert to the United

15 States.

16 SEC. 152. OPEN SPACE PARK CONVEYANCE TO THE STATE

17 OF NEVADA.

18 (a) CONVEYANCE.—Notwithstanding section 202 of the

19 Federal Land Policy and Management Act of 1976 (43

20 U.S.C. 1712), the Secretary shall convey to the State of Ne21 vada, subject to valid existing rights, for no consideration,

22 all right, title, and interest of the United States in and to

23 the parcels of land described in subsection (b), if there is

24 a written agreement between the State and Lincoln County,

25 Nevada, supporting such a conveyance.
†

40

HR 4593 EAS

1 (b) DESCRIPTION OF LAND.—The parcels of land re2 ferred to in subsection (a) are the parcels of land depicted

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

4 ‘‘Lincoln County Conservation, Recreation, and Develop5 ment Act Map’’ and dated October 1, 2004.

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

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

8 administrative costs, shall be paid by the State.

9 (d) USE OF LAND.—

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

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

12 for—

13 (A) the conservation of natural resources; or

14 (B) public parks.

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

16 land conveyed under subsection (a) shall be con17 structed and managed in a manner consistent with

18 the uses described in paragraph (1).

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

20 subsection (a) is used in a manner that is inconsistent with

21 the uses specified in subsection (d), the parcel of land shall,

22 at the discretion of the Secretary, revert to the United

23 States.
†

41

HR 4593 EAS

1 Title VI—JURISDICTION

2 TRANSFER

3 SEC. 161. TRANSFER OF ADMINISTRATIVE JURISDICTION

4 BETWEEN THE FISH AND WILDLIFE SERVICE

5 AND THE BUREAU OF LAND MANAGEMENT.

6 (a) IN GENERAL.—Administrative jurisdiction over

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

8 United States Bureau of Land Management to the United

9 States Fish and Wildlife Service for inclusion in the Desert

10 National Wildlife Range and the administrative jurisdic11 tion over the land described in subsection (c) is transferred

12 from the United States Fish and Wildlife Service to the

13 United States Bureau of Land Management.

14 (b) DESCRIPTION OF LAND.—The parcel of land re15 ferred to in subsection (a) is the approximately 8,503 acres

16 of land administered by the United States Bureau of Land

17 Management as generally depicted on the map entitled

18 ‘‘Lincoln County Conservation, Recreation, and Develop19 ment Act Map’’ and identified as ‘‘Lands to be transferred

20 to the Fish and Wildlife Service’’ and dated October 1,

21 2004.

22 (c) DESCRIPTION OF LAND.—The parcel of land re23 ferred to in subsection (a) is the approximately 8,382 acres

24 of land administered by the United States Fish and Wildlife

25 Service as generally depicted on the map entitled ‘‘Lincoln
†

42

HR 4593 EAS

1 County Conservation, Recreation, and Development Act

2 Map’’ and identified as ‘‘Lands to be transferred to the Bu3 reau of Land Management’’ and dated October 1, 2004.

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

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

6 appropriate)—

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

8 Land Management;

9 (2) the Office of the Nevada State Director of the

10 Bureau of Land Management;

11 (3) the Ely Field Station of the Bureau of Land

12 Management;

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

14 Land Management;

15 (5) the Office of the Director of the United States

16 Fish and Wildlife Service; and

17 (6) the Office of the Desert National Wildlife

18 Complex.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4593

AMENDMENT