IB 

Union Calendar No. 443 

108TH CONGRESS 

2D SESSION H. R. 4593 

[Report No. 108–720] 

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 HOUSE OF REPRESENTATIVES 

JUNE 16, 2004 

Mr. GIBBONS (for himself, Mr. PORTER, and Ms. BERKLEY) introduced the 

following bill; which was referred to the Committee on Resources 

OCTOBER 4, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 16, 2004] 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Lincoln County Con3 servation, Recreation, and Development Act of 2004’’. 

4 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—LAND DISPOSAL 

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.

5 TITLE I—LAND DISPOSAL 

6 SEC. 101. DEFINITIONS. 

7 In this title: 
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1 (1) COUNTY.—The term ‘‘County’’ means Lin2 coln County, Nevada. 

3 (2) MAP.—The term ‘‘map’’ means the map enti4 tled ‘‘Lincoln County Conservation, Recreation, and 

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

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

7 the Secretary of the Interior. 

8 (4) SPECIAL ACCOUNT.—The term ‘‘special ac9 count’’ means the special account established under 

10 section 103(b)(3). 

11 SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND. 

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

13 203 of the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation 

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

16 and other applicable law and subject to valid existing 

17 rights, shall conduct sales of— 

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

19 qualified bidders not later than 75 days after the date 

20 of the enactment of this Act; and 

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

22 qualified bidders as such land becomes avalable for 

23 disposal. 

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

25 subsection (a) consists of—
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1 (1) the land identified on the map as ‘‘Tract A’’ 

2 and ‘‘Tract B’’ totaling approximately 13,328 acres; 

3 and 

4 (2) between 87,000 and 90,000 acres of Bureau 

5 of Land Management-managed public land in Lin6 coln County identified for disposal by the Bureau of 

7 Land Management either through— 

8 (A) the Ely Resource Management Plan (in9 tended to be finalized in 2005); or 

10 (B) a subsequent amendment to that land 

11 use plan undertaken with full public involve12 ment. 

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

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

15 appropriate)—

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

17 Land Management; 

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

19 Bureau of Land Management; 

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

21 Management; and 

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

23 Land Management. 

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

25 the County shall jointly select which parcels of land de-
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1 scribed in subsection (b)(2) to offer for sale under subsection 

2 (a). 

3 (e) COMPLIANCE WITH LOCAL PLANNING AND ZONING

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

5 County shall submit to the Secretary a certification that 

6 qualified bidders have agreed to comply with—

7 (1) County and city zoning ordinances; and 

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

9 County. 

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

11 land under subsection (a) shall be—

12 (1) through a competitive bidding process unless 

13 otherwise determined by the Secretary; and 

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

15 (g) WITHDRAWAL.—

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

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

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

19 (A) all forms of entry and appropriation 

20 under the public land laws, including the min21 ing laws; and 

22 (B) operation of the mineral leasing and 

23 geothermal leasing laws. 

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

25 apply to a competitive sale or an election by the 
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1 County to obtain the land described in subsection (b) 

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

3 (43 U.S.C. 869 et seq; commonly known as the 

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

5 (h) DEADLINE FOR SALE.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the Secretary shall—

8 (A) notwithstanding the Lincoln County 

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

10 than 75 days after the date of the enactment of 

11 this title, offer by sale the land described in sub12 section (b)(1) if there is a qualified bidder for 

13 such land; and 

14 (B) offer for sale annually lands identified 

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

16 disposed of or unless the county requests a post17 ponement under paragraph (2). 

18 (2) POSTPONEMENT; EXCLUSION FROM SALE.—

19 (A) REQUEST BY COUNTY FOR POSTPONE20 MENT OR EXCLUSION.—At the request of the 

21 County, the Secretary shall postpone or exclude 

22 from the sale all or a portion of the land de23 scribed in subsection (b)(2). 

24 (B) INDEFINITE POSTPONEMENT.—Unless 

25 specifically requested by the County, a postpone-
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1 ment under subparagraph (A) shall not be in2 definite. 

3 SEC. 103. DISPOSITION OF PROCEEDS. 

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

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

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

7 described in section 102. 

8 (b) SUBSEQUENT LAND SALES.—Of the gross proceeds 

9 of the sale of the land described in section 102(b)(2)—

10 (1) 5 percent shall be paid directly to the State 

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

12 (2) 45 percent shall be paid to the County for 

13 use for economic development in the County, includ14 ing County parks, trails, and natural areas; and 

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

16 account in the Treasury of the United States and 

17 shall be available without further appropriation to 

18 the Secretary until expended for—

19 (A) the inventory, evaluation, protection, 

20 and management of unique archaeological re21 sources (as defined in section 3 of the Archae22 ological Resources Protection Act of 1979 (16 

23 U.S.C. 470bb)) of the County; 
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1 (B) the development and implementation of 

2 a multispecies habitat conservation plan for the 

3 County; and 

4 (C) the reimbursement of costs incurred by 

5 the Nevada State Office and the Ely Field Office 

6 of the Bureau of Land Management for—

7 (i) preparing for the sale of land under 

8 section 103(a), including the costs of—

9 (I) conducting any land boundary 

10 surveys; 

11 (II) complying with the National 

12 Environmental Policy Act of 1969 (42 

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

14 (III) conducting any appraisals; 

15 (IV) obtaining environmental and 

16 cultural clearances; and 

17 (V) providing public notice of the 

18 sale; 

19 (ii) processing public land use author20 izations and rights-of-way relating to the 

21 development of the land conveyed under sec22 tion 102(b)(2); 

23 (iii) processing the Silver State OHV 

24 trail and implementing the management 
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1 plan required by section 401(c)(2) of this 

2 Act; and 

3 (iv) processing wilderness designations, 

4 including but not limited to, the costs of ap5 propriate fencing, signage, public education, 

6 and enforcement for the wilderness areas 

7 designated. 

8 (c) INVESTMENT OF SPECIAL ACCOUNT.—Any 

9 amounts deposited in the special account shall earn interest 

10 in an amount determined by the Secretary of the Treasury 

11 on the basis of the current average market yield on out12 standing marketable obligations of the United States of 

13 comparable maturities and may be expended according to 

14 the provisions of this section. 

15 TITLE II—WILDERNESS AREAS 

16 SEC. 201. FINDINGS. 

17 Congress finds that—

18 (1) public land in the County contains unique 

19 and spectacular natural resources, including—

20 (A) priceless habitat for numerous species of 

21 plants and wildlife; and 

22 (B) thousands of acres of land that remain 

23 in a natural state; and 

24 (2) continued preservation of those areas would 

25 benefit the County and all of the United States by—
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1 (A) ensuring the conservation of ecologically 

2 diverse habitat; 

3 (B) protecting prehistoric cultural resources; 

4 (C) conserving primitive recreational re5 sources; and 

6 (D) protecting air and water quality. 

7 SEC. 202. DEFINITIONS. 

8 In this title: 

9 (1) COUNTY.—The term ‘‘County’’ means Lin10 coln County, Nevada. 

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

12 the Secretary of the Interior. 

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

14 of Nevada. 

15 SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESER16 VATION SYSTEM. 

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

18 designated as wilderness and as components of the National 

19 Wilderness Preservation System: 

20 (1) MORMON MOUNTAINS WILDERNESS.—Certain 

21 Federal land managed by the Bureau of Land Man22 agement, comprising approximately 149,677 acres, as 

23 generally depicted on the map entitled ‘‘Lincoln 

24 County Conservation, Recreation, and Development 
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1 Act Map’’, dated September 20, 2004, which shall be 

2 known as the ‘‘Mormon Mountains Wilderness’’. 

3 (2) MEADOW VALLEY RANGE WILDERNESS.—Cer4 tain Federal land managed by the Bureau of Land 

5 Management, comprising approximately 124,833 

6 acres, as generally depicted on the map entitled 

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

8 June 1, 2004, which shall be known as the ‘‘Meadow 

9 Valley Range Wilderness’’. 

10 (3) DELAMAR MOUNTAINS WILDERNESS.—Cer11 tain Federal land managed by the Bureau of Land 

12 Management, comprising approximately 111,389 

13 acres, as generally depicted on the map entitled 

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

15 June 1, 2004, which shall be known as the ‘‘Delamar 

16 Mountains Wilderness’’. 

17 (4) CLOVER MOUNTAINS WILDERNESS.—Certain 

18 Federal land managed by the Bureau of Land Man19 agement, comprising approximately 85,757 acres, as 

20 generally depicted on the map entitled ‘‘Southern 

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

22 2004, which shall be known as the ‘‘Clover Mountains 

23 Wilderness’’. 

24 (5) SOUTH PAHROC RANGE WILDERNESS.—Cer25 tain Federal land managed by the Bureau of Land 
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1 Management, comprising approximately 25,638 acres, 

2 as generally depicted on the map entitled ‘‘Western 

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

4 2004, which shall be known as the ‘‘South Pahroc 

5 Range Wilderness’’. 

6 (6) WORTHINGTON MOUNTAINS WILDERNESS.—

7 Certain Federal land managed by the Bureau of 

8 Land Management, comprising approximately 30,936 

9 acres, as generally depicted on the map entitled 

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

11 June 1, 2004, which shall be known as the ‘‘Wor12 thington Mountains Wilderness’’. 

13 (7) WEEPAH SPRING WILDERNESS.—Certain 

14 Federal land managed by the Bureau of Land Man15 agement, comprising approximately 51,117 acres, as 

16 generally depicted on the map entitled ‘‘Western Lin17 coln County Wilderness Map’’, dated June 1, 2004, 

18 which shall be known as the ‘‘Weepah Spring Wilder19 ness’’. 

20 (8) PARSNIP PEAK WILDERNESS.—Certain Fed21 eral land managed by the Bureau of Land Manage22 ment, comprising approximately 45,837 acres, as gen23 erally depicted on the map entitled ‘‘Northern Lincoln 

24 County Wilderness Map’’, dated June 1, 2004, which 

25 shall be known as the ‘‘Parsnip Peak Wilderness’’. 
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1 (9) WHITE ROCK RANGE WILDERNESS.—Certain 

2 Federal land managed by the Bureau of Land Man3 agement, comprising approximately 24,413 acres, as 

4 generally depicted on the map entitled ‘‘Northern 

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

6 2004, which shall be known as the ‘‘White Rock 

7 Range Wilderness’’. 

8 (10) FORTIFICATION RANGE WILDERNESS.—Cer9 tain Federal land managed by the Bureau of Land 

10 Management, comprising approximately 28,837 acres, 

11 as generally depicted on the map entitled ‘‘Northern 

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

13 2004, which shall be known as the ‘‘Fortification 

14 Range Wilderness’’. 

15 (11) FAR SOUTH EGANS WILDERNESS.—Certain 

16 Federal land managed by the Bureau of Land Man17 agement, comprising approximately 36,384 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 ‘‘Far South Egans 

21 Wilderness’’. 

22 (12) TUNNEL SPRING WILDERNESS.—Certain 

23 Federal land managed by the Bureau of Land Man24 agement, comprising approximately 5,530 acres, as 

25 generally depicted on the map entitled ‘‘Southern 
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1 Lincoln County Wilderness Map’’, dated June 1, 

2 2004, which shall be known as the ‘‘Tunnel Spring 

3 Wilderness’’. 

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

5 wilderness area designated by subsection (a) that is bor6 dered by a road shall be at least 100 feet from the edge 

7 of the road to allow public access. 

8 (c) MAP AND LEGAL DESCRIPTION.—

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

10 the date of enactment of this title, the Secretary shall 

11 file a map and legal description of each wilderness 

12 area designated by subsection (a) with the Committee 

13 on Resources of the House of Representatives and the 

14 Committee on Energy and Natural Resources of the 

15 Senate. 

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

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

18 this section, except that the Secretary may correct 

19 clerical and typographical errors in the map or legal 

20 description. 

21 (3) AVAILABILITY.—Each map and legal descrip22 tion shall be on file and available for public inspec23 tion in (as appropriate)—

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

25 of Land Management; 
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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, mineral 

15 materials, and geothermal leasing laws. 

16 SEC. 204. 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 title; and 
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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 title 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 title 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 Desert, 
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1 and Great Basin Deserts, is arid in nature, and 

2 includes 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 
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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 title, 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 title with respect to the wilderness areas des22 ignated by this title. 

23 (4) NEW PROJECTS.—
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1 (A) WATER RESOURCE FACILITY.—As used 

2 in this paragraph, the term ‘‘water resource fa3 cility’’—

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. 205. 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. 
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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. 206. 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. 207. 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. 208. 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 
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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 

10 204(a); and 

11 (B) depicted as released on—

12 (i) the map entitled ‘‘Northern Lincoln 

13 County Wilderness Map’’ and dated June 1, 

14 2004; 

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

17 June 1, 2004; or 

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

20 June 1, 2004. 

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

23 title—
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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. 209. 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-
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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 
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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. 
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1 SEC. 210. 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. 211. 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. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY. 

18 (a) UTILITY CORRIDOR.—

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

20 Act and notwithstanding sections 202 and 503 of the 

21 Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1711, 1763), the Secretary of the Interior 

23 (referred to in this section as the ‘‘Secretary’’) shall 

24 establish on public land a 2,640-foot wide corridor for 

25 utilities in Lincoln County and Clark County, Ne26 vada, as generally depicted on the map entitled ‘‘Lin-
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1 coln County Conservation, Recreation, and Develop2 ment Act’’, and dated June 14, 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 existing rights, the Secretary shall grant to the 

19 Southern Nevada Water Authority and the Lincoln 

20 County Water District nonexclusive rights-of-way to 

21 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-
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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 rental payment. 

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, mineral 

20 materials, and geothermal 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 State Engineer with respect to 

24 the appropriation, permitting, certification, or adju25 dication of water rights; 
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1 (2) preempt Nevada State water law; or 

2 (3) limit or supersede existing water rights or 

3 interest in water rights under Nevada State law. 

4 (e) WATER RESOURCES STUDY.—

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

6 the United States Geological Survey and the Desert 

7 Research Institute, shall conduct a study to inves8 tigate ground water quantity, quality, and flow char9 acteristics in the deep carbonate and alluvial aquifers 

10 of White Pine County, Nevada. The study shall—

11 (A) include new and review of existing 

12 data; 

13 (B) determine the volume of water stored in 

14 aquifers in those areas; 

15 (C) determine the discharge and recharge 

16 characteristics of each aquifer system; 

17 (D) determine the hydrogeologic and other 

18 controls that govern the discharge and recharge 

19 of each aquifer system; and 

20 (E) develop maps at a consistent scale de21 picting aquifer systems and the recharge and 

22 discharge areas of such systems. 

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

24 complete a draft of the water resources report required 

25 under paragraph (1) not later than 30 months after 
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1 the date of the enactment of this Act. The Secretary 

2 shall then make the draft report available for public 

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

4 final report shall be submitted to the Committee on 

5 Resources in the House of Representatives and the 

6 Committee on Energy and Natural Resources in the 

7 Senate and made available to the public not later 

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

9 Act. 

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

11 CORRIDORS LOCATED IN CLARK AND LIN12 COLN COUNTIES IN THE STATE OF NEVADA. 

13 (a) DEFINITIONS.—In this section: 

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

15 the land exchange agreement between Aerojet-General 

16 Corporation and the United States, dated July 14, 

17 1988. 

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

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

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

21 Nevada-Florida Land Exchange Authoriza22 tion Act of 1988 (102 Stat. 55); and 

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

24 Agreement; 
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1 (B) such portion of the utility corridor 

2 identified in the 1988 Las Vegas Resource Man3 agement Plan located south of the boundary of 

4 the corridor described in subparagraph (A) as is 

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

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

7 (C) such portion of the utility corridor 

8 identified in the 2000 Caliente Management 

9 Framework Plan Amendment located north of 

10 the boundary of the corridor described in sub11 paragraph (A) as is necessary to relocate the 

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

13 subsection (c)(2). 

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

15 the Secretary of the Interior. 

16 (b) RELINQUISHMENT AND FAIR MARKET VALUE.—

17 (1) IN GENERAL.—The Secretary shall, in ac18 cordance with this section, relinquish all right, title, 

19 and interest of the United States in and to the por20 tion of the corridor described in section 302(a)(2)(A) 

21 not later than 30 days after receipt of a payment in 

22 an amount equal to the fair market value of the cor23 ridor (plus any costs relating to the right-of-way relo24 cation described in this title). 

25 (2) FAIR MARKET VALUE.—
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1 (A) IN GENERAL.—The fair market value of 

2 the corridor shall be equal to the amount by 

3 which the value of the discount described in the 

4 1988 appraisal of the corridor that was applied 

5 to the land underlying the corridor has in6 creased, as determined by the Secretary using the 

7 multiplier determined under subparagraph (B). 

8 (B) MULTIPLIER.—Not later than 60 days 

9 after the date of enactment of this Act, the Ap10 praisal Services Directorate of the Department of 

11 the Interior shall determine an appropriate mul12 tiplier to reflect the change in the value of the 

13 land underlying the corridor between—

14 (i) the date on which the corridor was 

15 transferred in accordane with the Agree16 ment; and 

17 (ii) the date of enactment of this Act. 

18 (3) PROCEEDS.—Proceeds under this subsection 

19 shall be deposited in the account established under 

20 section 103. 

21 (c) RELOCATION.—

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

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

24 IDI–26446 and UTU–73363 identified as NVN–
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1 49781 that is located in the corridor relinquished 

2 under subsection (b)(1). 

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

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

5 west of United States Route 93. 

6 (3) REQUIREMENTS.—The relocation under 

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

8 (A) minimizes engineering design changes; 

9 and 

10 (B) maintains a gradual and smooth inter11 connection of the corridor with the area described 

12 in paragraph (2). 

13 (4) AUTHORIZED USES.—The Secretary may au14 thorize the location of any above ground or under15 ground utility facility, transmission lines, gas pipe16 lines, natural gas pipelines, fiber optics, telecommuni17 cations, water lines, wells (including monitoring 

18 wells), cable television, and any related appur19 tenances in the area described in paragraph (1). 

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

21 section shall not require the Secretary to update the 1998 

22 Las Vegas Valley Resource Management Plan or the 2000 

23 Caliente Management Framework Plan Amendment. 

24 (e) WAIVER OF CERTAIN REQUIREMENTS.—The Sec25 retary shall waive the requirements of the Federal Land 
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1 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

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

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

4 with respect to an amendment to the legal description of 

5 the right-of-way corridor. 

6 TITLE IV—SILVER STATE OFF7 HIGHWAY VEHICLE TRAIL 

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

9 (a) DEFINITIONS.—In this section: 

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

11 the Secretary of the Interior. 

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

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

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

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

17 State Off-Highway Vehicle Trail. 

18 (b) DESIGNATION.—The trails that are generally de19 picted on the Map are hereby designated as the ‘‘Silver 

20 State Off-Highway Vehicle Trail’’. 

21 (c) MANAGEMENT.—

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

23 the Trail in a manner that—

24 (A) is consistent with motorized and mecha25 nized use of the Trail that is authorized on the 
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1 date of the enactment of this title pursuant to 

2 applicable Federal and State laws and regula3 tions; 

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

5 the Trail; and 

6 (C) does not damage sensitive habitat or 

7 cultural resources. 

8 (2) MANAGEMENT PLAN.—

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

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

11 Secretary, in consultation with the State, the 

12 County, and any other interested persons, shall 

13 complete a management plan for the Trail. 

14 (B) COMPONENTS.—The management plan 

15 shall—

16 (i) describe the appropriate uses and 

17 management of the Trail; 

18 (ii) authorize the use of motorized and 

19 mechanized vehicles on the Trail; and 

20 (iii) describe actions carried out to pe21 riodically evaluate and manage the appro22 priate levels of use and location of the Trail. 

23 (3) MONITORING AND EVALUATION.—

24 (A) ANNUAL ASSESSMENT.—The Secretary 

25 shall annually assess the effects of the use of off-
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1 highway vehicles on the Trail and, in consulta2 tion with the Nevada Division of Wildlife, assess 

3 the effects of the Trail on wildlife and wildlife 

4 habitat to minimize environmental impacts and 

5 prevent damage to cultural resources from the 

6 use of the Trail. 

7 (B) CLOSURE.—The Secretary, in consulta8 tion with the State and the County, may tempo9 rarily close or permanently reroute, subject to 

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

11 Secretary determines that—

12 (i) the Trail is having an adverse im13 pact on—

14 (I) natural resources; or 

15 (II) cultural resources; 

16 (ii) the Trail threatens public safety; 

17 (iii) closure of the Trail is necessary to 

18 repair damage to the Trail; or 

19 (iv) closure of the Trail is necessary to 

20 repair resource damage. 

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

22 are temporarily closed may be permanently re23 routed along existing roads and trails on public 

24 lands currently open to motorized use if the Sec25 retary determines that such rerouting will not 
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1 significantly increase or decrease the length of 

2 the Trail. 

3 (D) NOTICE.—The Secretary shall provide 

4 information to the public regarding any routes 

5 on the Trail that are closed under subparagraph 

6 (B), including by providing appropriate signage 

7 along the Trail. 

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

9 shall ensure that visitors to the Trail have access to 

10 adequate notice regarding the routes on the Trail that 

11 are open through use of appropriate signage along the 

12 Trail and through the distribution of maps, safety 

13 education materials, and other information consid14 ered appropriate by the Secretary. 

15 (d) NO EFFECT ON NON-FEDERAL LAND AND INTER16 ESTS IN LAND.—Nothing in this section shall be construed 

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

18 non-Federal land or interests in land. 

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

20 the appropriate offices of the Secretary. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated such sums as are necessary 

23 to carry out this section. 
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1 TITLE V—OPEN SPACE PARKS 

2 SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN 

3 COUNTY, NEVADA. 

4 (a) CONVEYANCE.—Notwithstanding section 202 and 

5 203 of the Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1171, 1712), the Secretary may convey to 

7 the County, subject to valid existing rights, for no consider8 ation, all right title, and interest of the United States in 

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

10 (b) DESCRIPTION OF LAND.—The parcels of land re11 ferred to in subsection (a) are the parcels of land depicted 

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

13 ‘‘Lincoln County Conservation, Recreation, and Develop14 ment Act Map’’ and dated June 14, 2004. 

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

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

17 administrative costs, shall be paid by the County, or in ac18 cordance with section 104(b)(2) of this Act. 

19 (d) USE OF LAND.—

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

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

22 for—

23 (A) the conservation of natural resources; or 

24 (B) public parks. 
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1 (2) FACILITIES.—Any facility on a parcel of 

2 land conveyed under subsection (a) shall be con3 structed and managed in a manner consistent with 

4 the uses described in paragraph (1). 

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

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

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

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

9 States. 

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

11 OF NEVADA. 

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

13 Federal Land Policy and Management Act of 1976 (43 

14 U.S.C. 1712), the Secretary shall convey to the State of Ne15 vada, subject to valid existing rights, for no consideration, 

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

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

18 a written agreement between the State and Lincoln County, 

19 Nevada, supporting such a conveyance. 

20 (b) DESCRIPTION OF LAND.—The parcels of land re21 ferred to in subsection (a) are the parcels of land depicted 

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

23 ‘‘Lincoln County Conservation, Recreation, and Develop24 ment Act Map’’ and dated June 14, 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 State. 

4 (d) USE OF LAND.—

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

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

7 for—

8 (A) the conservation of natural resources; or 

9 (B) public parks. 

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

11 land conveyed under subsection (a) shall be con12 structed and managed in a manner consistent with 

13 the uses described in paragraph (1). 

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

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

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

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

18 States. 

19 TITLE VI—JURISDICTION 

20 TRANSFER 

21 SEC. 601. TRANSFER OF ADMINISTRATIVE JURISDICTION 

22 BETWEEN THE FISH AND WILDLIFE SERVICE 

23 AND THE BUREAU OF LAND MANAGEMENT. 

24 (a) IN GENERAL.—Administrative jurisdiction over 

25 the land described in subsection (b) is transferred from the 
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1 United States Bureau of Land Management to the United 

2 States Fish and Wildlife Service for inclusion in the Desert 

3 National Wildlife Range and the administrative jurisdic4 tion over the land described in subsection (c) is transferred 

5 from the United States Fish and Wildlife Service to the 

6 United States Bureau of Land Management. 

7 (b) DESCRIPTION OF LAND.—The parcel of land re8 ferred to in subsection (a) is the approximately 8,503 acres 

9 of land administered by the United States Bureau of Land 

10 Management as generally depicted on the map entitled 

11 ‘‘Lincoln County Conservation, Recreation, and Develop12 ment Act Map’’ and identified as ‘‘Lands to be transferred 

13 to the Fish and Wildlife Service’’ and dated June 14, 2004. 

14 (c) DESCRIPTION OF LAND.—The parcel of land re15 ferred to in subsection (a) is the approximately 8,382 acres 

16 of land administered by the United States Fish and Wildlife 

17 Service as generally depicted on the map entitled ‘‘Lincoln 

18 County Conservation, Recreation, and Development Act 

19 Map’’ and identified as ‘‘Lands to be transferred to the Bu20 reau of Land Management’’ and dated June 14, 2004. 

21 (d) 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 Nevada State Director of the 

2 Bureau of Land Management; 

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

4 Management; and 

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

6 Land Management. 
Union Calendar No. 443 

108TH CONGRESS 

2D SESSION H. R. 4593 

[Report No. 108–720] 

A BILL 

To establish wilderness areas, promote conservavada, and for other purposes. high quality development in Lincoln County, Ne- tion, improve public land, and provide for the 

OCTOBER 4, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,