108TH CONGRESS

2D SESSION H. R. 4593

AN ACT

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

108TH CONGRESS

2D SESSION H. R. 4593

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.

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. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this Act.

4 TITLE I—LINCOLN COUNTY CON5 SERVATION, RECREATION,

6 AND DEVELOPMENT

7 SEC. 101. SHORT TITLE.

8 This title may be cited as the ‘‘Lincoln County Con9 servation, Recreation, and Development Act of 2004’’.

10 Subtitle A—Land Disposal

11 SEC. 111. DEFINITIONS.

12 In this subtitle:

13 (1) COUNTY.—The term ‘‘County’’ means Lin14 coln County, Nevada.

15 (2) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Lincoln County Conservation, Recreation,

17 and Development Act Map’’ and dated October 1,

18 2004.

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

20 the Secretary of the Interior.

21 (4) SPECIAL ACCOUNT.—The term ‘‘special ac22 count’’ means the special account established under

23 section 113(b)(3).

24 SEC. 112. CONVEYANCE OF LINCOLN COUNTY LAND.

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

26 203 of the Federal Land Policy and Management Act of
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1 1976 (43 U.S.C. 1711, 1712), the Secretary, in coopera2 tion with the County, in accordance with that Act, this

3 subtitle, and other applicable law and subject to valid ex4 isting rights, shall conduct sales of—

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

6 qualified bidders not later than 75 days after the

7 date of the enactment of this Act; and

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

9 qualified bidders as such land becomes available for

10 disposal.

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

12 subsection (a) consists of—

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

14 and Tract B totaling approximately 13,328 acres;

15 and

16 (2) between 87,000–90,000 acres of Bureau of

17 Land Management managed public land in Lincoln

18 County identified for disposal by the BLM either

19 through—

20 (A) the Ely Resource Management Plan

21 (intended to be finalized in 2005); or

22 (B) a subsequent amendment to that land

23 use plan undertaken with full public involve24 ment.
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1 (c) AVAILABILITY.—Each map and legal description

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

3 appropriate)—

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

5 Land Management;

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

7 the Bureau of Land Management;

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

9 Management; and

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

11 Land Management.

12 (d) JOINT SELECTION REQUIRED.—The Secretary

13 and the County shall jointly select which parcels of land

14 described in subsection (b)(2) to offer for sale under sub15 section (a).

16 (e) COMPLIANCE WITH LOCAL PLANNING AND ZON17 ING LAWS.—Before a sale of land under subsection (a),

18 the County shall submit to the Secretary a certification

19 that qualified bidders have agreed to comply with—

20 (1) County and city zoning ordinances; and

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

22 the County.

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

24 land under subsection (a) shall be—
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1 (1) consistent with section 203(d) and 203(f) of

2 the Federal Land Management Policy Act of 1976

3 (43 U.S.C. 1713(d) and (f));

4 (2) through a competitive bidding process un5 less otherwise determined by the Secretary; and

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

7 (g) WITHDRAWAL.—

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

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

10 land described in subsection (b) is withdrawn

11 from—

12 (A) all forms of entry and appropriation

13 under the public land laws, including the min14 ing laws;

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

16 mining laws; and

17 (C) operation of the mineral leasing and

18 geothermal leasing laws.

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

20 apply to a competitive sale or an election by the

21 County to obtain the land described in subsection

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

23 1926 (43 U.S.C. 869 et seq; commonly known as the

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

25 (h) DEADLINE FOR SALE.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall—

3 (A) notwithstanding the Lincoln County

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

5 than 75 days after the date of the enactment of

6 this title, offer by sale the land described in

7 subsection (b)(1) if there is a qualified bidder

8 for such land; and

9 (B) offer for sale annually lands identified

10 for sale in subsection (b)(2) until such lands

11 are disposed of or unless the county requests a

12 postponement under paragraph (2).

13 (2) POSTPONEMENT; EXCLUSION FROM SALE.—

14 (A) REQUEST BY COUNTY FOR POSTPONE15 MENT OR EXCLUSION.—At the request of the

16 County, the Secretary shall postpone or exclude

17 from the sale all or a portion of the land de18 scribed in subsection (b)(2).

19 (B) INDEFINITE POSTPONEMENT.—

20 Unless specifically requested by the Coun21 ty, a postponement under subparagraph

22 (A) shall not be indefinite.

23 SEC. 113. DISPOSITION OF PROCEEDS.

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

25 County Land Act of 2000 (114 Stat. 1047) shall apply
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1 to the disposition of the gross proceeds from the sale of

2 land described in section 112(b)(1).

3 (b) REIMBURSEMENT OF COSTS.—Proceeds from the

4 sale of lands described in section 112(b)(2) shall be used

5 to reimburse costs incurred by the Nevada State office and

6 the Ely Field Office of the Bureau of Land Management

7 for preparing for the sale of land described in section

8 102(b) including surveys appraisals, compliance with the

9 National Environmental Policy Act of 1969 (42 U.S.C.

10 4321) and compliance with the Federal Land Policy and

11 Management Act of 1976 (43 U.S.C. 1711, 1712).

12 (c) DISPOSITION OF PROCEEDS.—Following compli13 ance with section 113(b) proceeds from sales of lands de14 scribed in section 112(b)(2) shall be disbursed as

15 follows—

16 (1) 5 percent shall be paid directly to the state

17 for use in the general education program of the

18 State;

19 (2) 45 percent shall be paid to the County for

20 use for economic development in the County, includ21 ing County parks, trails, and natural areas; and

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

23 account in the Treasury of the United States and

24 shall be available without further appropriation to

25 the Secretary until expended for—
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1 (A) the inventory, evaluation,

2 protectionand management of unique archae3 ological resources (as defined in section 3 of the

4 Archaeological Resources Protection Act of

5 19792 (16 U.S.C. 470bb)) of the County;

6 (B) the development and implementation

7 of a multispecies habitat conservation plan for

8 the County;

9 (C) processing of public land use author10 izations and rights-of-way relating to the devel11 opment of land conveyed under section 112(b)

12 of this Act;

13 (D) processing the Silver State OHV trail

14 and implementing the management plan re15 quired by section 151(c)(2) of this Act; and

16 (E) processing wilderness designation, in17 cluding but not limited to, the costs of appro18 priate fencing, signage, public education, and

19 enforcement for the wilderness areas des20 ignated.

21 (d) INVESTMENT OF SPECIAL ACCOUNT.—Any

22 amounts deposited in the special account shall earn inter23 est in an amount determined by the Secretary of the

24 Treasury on the basis of the current average market yield

25 on outstanding marketable obligations of the United
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1 States of comparable maturities, and may be expended ac2 cording to the provisions of this section.

3 Subtitle B—Wilderness Areas

4 SEC. 121. FINDINGS.

5 Congress finds that—

6 (1) public land in the County contains unique

7 and spectacular natural resources, including—

8 (A) priceless habitat for numerous species

9 of plants and wildlife; and

10 (B) thousands of acres of land that remain

11 in a natural state; and

12 (2) continued preservation of those areas would

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

14 (A) ensuring the conservation of eco15 logically diverse habitat;

16 (B) protecting prehistoric cultural re17 sources;

18 (C) conserving primitive recreational re19 sources; and

20 (D) protecting air and water quality.

21 SEC. 122. DEFINITIONS.

22 In this subtitle:

23 (1) COUNTY.—The term ‘‘County’’ means Lin24 coln County, Nevada.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

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

4 of Nevada.

5 SEC. 123. ADDITIONS TO NATIONAL WILDERNESS PRESER6 VATION SYSTEM.

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

8 designated as wilderness and as components of the Na9 tional Wilderness Preservation System:

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

12 Management, comprising approximately 157,938

13 acres, as generally depicted on the map entitled

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

15 October 1, 2004, which shall be known as the ‘‘Mor16 mon Mountains Wilderness’’.

17 (2) MEADOW VALLEY RANGE WILDERNESS.—

18 Certain Federal land managed by the Bureau of

19 Land Management, comprising approximately

20 123,488 acres, as generally depicted on the map en21 titled ‘‘Southern Lincoln County Wilderness Map’’,

22 dated October 1, 2004, which shall be known as the

23 ‘‘Meadow Valley Range Wilderness’’.

24 (3) DELAMAR MOUNTAINS WILDERNESS.—Cer25 tain Federal land managed by the Bureau of Land
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1 Management, comprising approximately 111,328

2 acres, as generally depicted on the map entitled

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

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

5 ‘‘Delamar Mountains Wilderness’’.

6 (4) CLOVER MOUNTAINS WILDERNESS.—Cer7 tain Federal land managed by the Bureau of Land

8 Management, comprising approximately 85,748

9 acres, as generally depicted on the map entitled

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

11 October 1, 2004, which shall be known as the ‘‘Clo12 ver Mountains Wilderness’’.

13 (5) SOUTH PAHROC RANGE WILDERNESS.—Cer14 tain Federal land managed by the Bureau of Land

15 Management, comprising approximately 25,800

16 acres, as generally depicted on the map entitled

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

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

19 ‘‘South Pahroc Range Wilderness’’.

20 (6) WORTHINGTON MOUNTAINS WILDERNESS.—

21 Certain Federal land managed by the Bureau of

22 Land Management, comprising approximately

23 30,664 acres, as generally depicted on the map enti24 tled ‘‘Western Lincoln County Wilderness Map’’,
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1 dated October 1, 2004, which shall be known as the

2 ‘‘Worthington Mountains Wilderness’’.

3 (7) WEEPAH SPRING WILDERNESS.—Certain

4 Federal land managed by the Bureau of Land Man5 agement, comprising approximately 51,480 acres, as

6 generally depicted on the map entitled ‘‘Western

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

8 2004, which shall be known as the ‘‘Weepah Spring

9 Wilderness’’.

10 (8) PARSNIP PEAK WILDERNESS.—Certain Fed11 eral land managed by the Bureau of Land Manage12 ment, comprising approximately 43,693 acres, as

13 generally depicted on the map entitled ‘‘Northern

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

15 2004, which shall be known as the ‘‘Parsnip Peak

16 Wilderness’’.

17 (9) WHITE ROCK RANGE WILDERNESS.—Cer18 tain Federal land managed by the Bureau of Land

19 Management, comprising approximately 24,413

20 acres, as generally depicted on the map entitled

21 ‘‘Northern Lincoln County Wilderness Map’’, dated

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

23 ‘‘White Rock Range Wilderness’’.

24 (10) FORTIFICATION RANGE WILDERNESS.—

25 Certain Federal land managed by the Bureau of
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1 Land Management, comprising approximately

2 30,656 acres, as generally depicted on the map enti3 tled ‘‘Northern Lincoln County Wilderness Map’’,

4 dated October 1, 2004, which shall be known as the

5 ‘‘Fortification Range Wilderness’’.

6 (11) FAR SOUTH EGANS WILDERNESS.—Certain

7 Federal land managed by the Bureau of Land Man8 agement, comprising approximately 36,384 acres, as

9 generally depicted on the map entitled ‘‘Northern

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

11 2004, which shall be known as the ‘‘Far South

12 Egans Wilderness’’.

13 (12) TUNNEL SPRING WILDERNESS.—Certain

14 Federal land managed by the Bureau of Land Man15 agement, comprising approximately 5,371 acres, as

16 generally depicted on the map entitled ‘‘Southern

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

18 2004, which shall be known as the ‘‘Tunnel Spring

19 Wilderness’’.

20 (13) BIG ROCKS WILDERNESS.—Certain Fed21 eral land managed by the Bureau of Land Manage22 ment, comprising approximately 12,997 acres, as

23 generally depicted on the map entitled ‘‘Western

24 Lincoln County Wilderness Map’’, dated October 1,
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1 2004, which shall be known as the ‘‘Big Rocks Wil2 derness’’.

3 (14) MT. IRISH WILDERNESS.—Certain Fed4 eral land managed by the Bureau of Land Manage5 ment, comprising approximately 28,334 acres, as

6 generally depicted on the map entitled ’’Western

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

8 2004, which shall be known as the ’’Mt. Irish Wil9 derness’’.

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

11 wilderness area designated by subsection (a) that is bor12 dered by a road shall be at least 100 feet from the edge

13 of the road to allow public access.

14 (c) MAP AND LEGAL DESCRIPTION.—

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

16 the date of enactment of this title, the Secretary

17 shall file a map and legal description of each wilder18 ness area designated by subsection (a) with the

19 Committee on Resources of the House of Represent20 atives and the Committee on Energy and Natural

21 Resources of the Senate.

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

23 shall have the same force and effect as if included

24 in this section, except that the Secretary may correct
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1 clerical and typographical errors in the map or legal

2 description.

3 (3) AVAILABILITY.—Each map and legal de4 scription shall be on file and available for public in5 spection in (as appropriate)—

6 (A) the Office of the Director of the Bu7 reau of Land Management;

8 (B) the Office of the Nevada State Direc9 tor 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 (d) WITHDRAWAL.—Subject to valid existing rights,

15 the wilderness areas designated by subsection (a) are with16 drawn from—

17 (1) all forms of entry, appropriation, and dis18 posal under the public land laws;

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

20 laws; and

21 (3) operation of the mineral leasing and geo22 thermal leasing laws.

23 SEC. 124. ADMINISTRATION.

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

25 each area designated as wilderness by this subtitle shall
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1 be administered by the Secretary in accordance with the

2 Wilderness Act (16 U.S.C. 1131 et seq.), except that—

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

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

5 of the enactment of this title; and

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

7 of Agriculture shall be considered to be a reference

8 to the Secretary of the Interior.

9 (b) LIVESTOCK.—Within the wilderness areas des10 ignated under this subtitle that are administered by the

11 Bureau of Land Management, the grazing of livestock in

12 areas in which grazing is established as of the date of en13 actment of this title shall be allowed to continue, subject

14 to such reasonable regulations, policies, and practices that

15 the Secretary considers necessary, consistent with section

16 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in17 cluding the guidelines set forth in Appendix A of House

18 Report 101–405.

19 (c) INCORPORATION OF ACQUIRED LAND AND INTER20 ESTS.—Any land or interest in land within the boundaries

21 of an area designated as wilderness by this subtitle that

22 is acquired by the United States after the date of the en23 actment of this title shall be added to and administered

24 as part of the wilderness area within which the acquired

25 land or interest is located.
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1 (d) WATER RIGHTS.—

2 (1) FINDINGS.—Congress finds that—

3 (A) the land designated as Wilderness by

4 this subtitle is within the Northern Mojave and

5 Great Basin Deserts, is arid in nature, and in6 cludes ephemeral streams;

7 (B) the hydrology of the land designated

8 as wilderness by this subtitle is predominantly

9 characterized by complex flow patterns and al10 luvial fans with impermanent channels;

11 (C) the subsurface hydrogeology of the re12 gion is characterized by ground water subject to

13 local and regional flow gradients and

14 unconfined and artesian conditions;

15 (D) the land designated as wilderness by

16 this subtitle is generally not suitable for use or

17 development of new water resource facilities;

18 and

19 (E) because of the unique nature and hy20 drology of the desert land designated as wilder21 ness by this subtitle, it is possible to provide for

22 proper management and protection of the wil23 derness and other values of lands in ways dif24 ferent from those used in other legislation.
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1 (2) STATUTORY CONSTRUCTION.—Nothing in

2 this subtitle—

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

5 by the United States of any water or water

6 rights with respect to the land designated as

7 wilderness by this subtitle;

8 (B) shall affect any water rights in the

9 State existing on the date of the enactment of

10 this title, including any water rights held by the

11 United States;

12 (C) shall be construed as establishing a

13 precedent with regard to any future wilderness

14 designations;

15 (D) shall affect the interpretation of, or

16 any designation made pursuant to, any other

17 Act; or

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

19 modifying, or amending any of the interstate

20 compacts or equitable apportionment decrees

21 that apportion water among and between the

22 State and other States.

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

24 follow the procedural and substantive requirements

25 of the law of the State in order to obtain and hold
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1 any water rights not in existence on the date of en2 actment of this title with respect to the wilderness

3 areas designated by this subtitle.

4 (4) NEW PROJECTS.—

5 (A) WATER RESOURCE FACILITY.—As

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

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

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

12 transmission and other ancillary facilities,

13 and other water diversion, storage, and

14 carriage structures; and

15 (ii) does not include wildlife guzzlers.

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

19 enactment of this Act, neither the President nor

20 any other officer, employee, or agent of the

21 United States shall fund, assist, authorize, or

22 issue a license or permit for the development of

23 any new water resource facility within the wil24 derness areas designated by this title.
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1 SEC. 125. ADJACENT MANAGEMENT.

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

3 designation of wilderness in the State pursuant to this

4 subtitle to lead to the creation of protective perimeters or

5 buffer zones around any such wilderness area.

6 (b) NONWILDERNESS ACTIVITIES.—The fact that

7 nonwilderness activities or uses can be seen or heard from

8 areas within a wilderness designated under this subtitle

9 shall not preclude the conduct of those activities or uses

10 outside the boundary of the wilderness area.

11 SEC. 126. MILITARY OVERFLIGHTS.

12 Nothing in this subtitle restricts or precludes—

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

14 the areas designated as wilderness by this subtitle,

15 including military overflights that can be seen or

16 heard within the wilderness areas;

17 (2) flight testing and evaluation; or

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

19 special use airspace, or the establishment of military

20 flight training routes, over the wilderness areas.

21 SEC. 127. NATIVE AMERICAN CULTURAL AND RELIGIOUS

22 USES.

23 Nothing in this subtitle shall be construed to diminish

24 the rights of any Indian tribe. Nothing in this subtitle

25 shall be construed to diminish tribal rights regarding ac-
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1 cess to Federal land for tribal activities, including spir2 itual, cultural, and traditional food-gathering activities.

3 SEC. 128. RELEASE OF WILDERNESS STUDY AREAS.

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

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

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

9 for wilderness designation:

10 (1) The Table Mountain Wilderness Study

11 Area.

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

13 Areas.

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

15 (A) not designated as wilderness by section

16 124(a); and

17 (B) depicted as released on—

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

20 October 1, 2004;

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

23 October 1, 2004; or
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1 (iii) the map entitled ‘‘Western Lin2 coln County Wilderness Map’’ and dated

3 October 1, 2004.

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

6 subtitle—

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

8 Federal Land Policy and Management Act of 1976

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

10 (2) shall be managed in accordance with—

11 (A) land management plans adopted under

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

13 (B) existing cooperative conservation

14 agreements; and

15 (3) shall be subject to the Endangered Species

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

17 SEC. 129. WILDLIFE MANAGEMENT.

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

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

20 nothing in this subtitle affects or diminishes the jurisdic21 tion of the State with respect to fish and wildlife manage22 ment, including the regulation of hunting, fishing, and

23 trapping, in the wilderness areas designated by this sub24 title.
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1 (b) MANAGEMENT ACTIVITIES.—In furtherance of

2 the purposes and principles of the Wilderness Act, man3 agement activities to maintain or restore fish and wildlife

4 populations and the habitats to support such populations

5 may be carried out within wilderness areas designated by

6 this subtitle where consistent with relevant wilderness

7 management plans, in accordance with appropriate poli8 cies such as those set forth in Appendix B of House Re9 port 101–405, including the occasional and temporary use

10 of motorized vehicles, if such use, as determined by the

11 Secretary, would promote healthy, viable, and more natu12 rally distributed wildlife populations that would enhance

13 wilderness values and accomplish those purposes with the

14 minimum impact necessary to reasonably accomplish the

15 task.

16 (c) EXISTING ACTIVITIES.—Consistent with section

17 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and

18 in accordance with appropriate policies such as those set

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

20 may continue to use aircraft, including helicopters, to sur21 vey, capture, transplant, monitor, and provide water for

22 wildlife populations, including bighorn sheep, and feral

23 stock, horses, and burros.

24 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.—

25 Subject to subsection (f), the Secretary shall authorize
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1 structures and facilities, including existing structures and

2 facilities, for wildlife water development projects, including

3 guzzlers, in the wilderness areas designated by this title

4 if—

5 (1) the structures and facilities will, as deter6 mined by the Secretary, enhance wilderness values

7 by promoting healthy, viable, and more naturally

8 distributed wildlife populations; and

9 (2) the visual impacts of the structures and fa10 cilities on the wilderness areas can reasonably be

11 minimized.

12 (e) HUNTING, FISHING, AND TRAPPING.—In con13 sultation with the appropriate State agency (except in

14 emergencies), the Secretary may designate by regulation

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

16 reasons of public safety, administration, or compliance

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

18 be permitted in the wilderness areas designated by this

19 title.

20 (f) COOPERATIVE AGREEMENT.—The terms and con21 ditions under which the State, including a designee of the

22 State, may conduct wildlife management activities in the

23 wilderness areas designated by this subtitle are specified

24 in the cooperative agreement between the Secretary and

25 the State, entitled ‘‘Memorandum of Understanding be-
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1 tween the Bureau of Land Management and the Nevada

2 Department of Wildlife Supplement No. 9,’’ and signed

3 November and December 2003, including any amend4 ments to that document agreed upon by the Secretary and

5 the State and subject to all applicable laws and regula6 tions. Any references to Clark County in that document

7 shall also be deemed to be referred to and shall apply to

8 Lincoln County, Nevada.

9 SEC. 130. WILDFIRE MANAGEMENT.

10 Consistent with section 4 of the Wilderness Act (16

11 U.S.C. 1133), nothing in this subtitle precludes a Federal,

12 State, or local agency from conducting wildfire manage13 ment operations (including operations using aircraft or

14 mechanized equipment) to manage wildfires in the wilder15 ness areas designated by this subtitle.

16 SEC. 131. CLIMATOLOGICAL DATA COLLECTION.

17 Subject to such terms and conditions as the Secretary

18 may prescribe, nothing in this subtitle precludes the instal19 lation and maintenance of hydrologic, meteorologic, or cli20 matological collection devices in the wilderness areas des21 ignated by this subtitle if the facilities and access to the

22 facilities are essential to flood warning, flood control, and

23 water reservoir operation activities.
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1 Subtitle C—Utility Corridors

2 SEC. 141. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

3 (a) UTILITY CORRIDOR.—

4 (1) IN GENERAL.—Consistent with subtitle B

5 and notwithstanding sections 202 and 503 of the

6 Federal Land Policy and Management Act of 1976

7 (43 U.S.C. 1711, 1763), the Secretary of the Inte8 rior (referred to in this section as the ‘‘Secretary’’)

9 shall establish on public land a 2,640-foot wide cor10 ridor for utilities in Lincoln County and Clark Coun11 ty, Nevada, as generally depicted on the map enti12 tled ‘‘Lincoln County Conservation, Recreation, and

13 Development Act’’, and dated October 1, 2004.

14 (2) AVAILABILITY.—Each map and legal de15 scription shall be on file and available for public in16 spection in (as appropriate)—

17 (A) the Office of the Director of the Bu18 reau of Land Management;

19 (B) the Office of the Nevada State Direc20 tor of the Bureau of Land Management;

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

22 Land Management; and

23 (D) the Caliente Field Station of the Bu24 reau of Land Management.

25 (b) RIGHTS-OF-WAY.—
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1 (1) IN GENERAL.—Notwithstanding sections

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

4 subject to valid and existing rights, the Secretary

5 shall grant to the Southern Nevada Water Authority

6 and the Lincoln County Water District nonexclusive

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

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

9 fields, pipes, pipelines, pump stations, storage facili10 ties, or other facilities and systems that are nec11 essary for the construction and operation of a water

12 conveyance system, as depicted on the map.

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

14 under paragraph (1) shall be granted in perpetuity

15 and shall not require the payment of rental.

16 (3) COMPLIANCE WITH NEPA.—Before granting

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

18 shall comply with the National Environmental Policy

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

20 identification and consideration of potential impacts

21 to fish and wildlife resources and habitat.

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

23 the utility corridors designated by subsection (a) are with24 drawn from—
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1 (1) all forms of entry, appropriation, and dis2 posal under the public land laws;

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

4 laws; and

5 (3) operation of the mineral leasing and geo6 thermal leasing laws.

7 (d) STATE WATER LAW.—Nothing in this subtitle

8 shall—

9 (1) prejudice the decisions or abrogate the ju10 risdiction of the Nevada or Utah State Engineers

11 with respect to the appropriation, permitting, certifi12 cation, or adjudication of water rights;

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

14 or

15 (3) limit or supersede existing water rights or

16 interest in water rights under Nevada or Utah State

17 law.

18 (e) WATER RESOURCES STUDY.—

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

20 through the United States Geological Survey and the

21 Desert Research Institute, and a designee from the

22 State of Utah shall conduct a study to investigate

23 ground water quantity, quality, and flow characteris24 tics in the deep carbonate and alluvial aquifers of
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1 Lincoln and White Pine Counties, Nevada and adja2 cent areas in Utah. The study shall—

3 (A) include new and review of existing

4 data;

5 (B) determine the volume of water stored

6 in aquifers in those areas;

7 (C) determine the discharge and recharge

8 characteristics of each aquifer system;

9 (D) determine the hydrogeologic and other

10 controls that govern the discharge and recharge

11 of each aquifer system; and

12 (E) develop maps at a consistent scale de13 picting aquifer systems and the recharge and

14 discharge areas of such systems.

15 (2) TIMING; AVAILABILITY.—The Secretary

16 shall complete a draft of the water resources report

17 required under paragraph (1) not later than 30

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

19 The Secretary shall then make the draft report

20 available for public comment for a period of not less

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

22 the Committee on Resources in the House of Rep23 resentatives and the Committee on Energy and Nat24 ural Resources in the Senate and made available to
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1 the public not later than 36 months after the date

2 of the enactment of this Act.

3 (3) AGREEMENT.—Prior to any transbasin di4 version from ground-water basins located within

5 both the State of Nevada and the State of Utah, the

6 State of Nevada and the State of Utah shall reach

7 an agreement regarding the division of water re8 sources of those interstate ground-water flow sys9 tem(s) from which water will be diverted and used

10 by the project. The agreement shall allow for the

11 maximum sustainable beneficial use of the water re12 sources and protect existing water rights.

13 SEC. 142. RELOCATION OF RIGHT-OF-WAY AND UTILITY

14 CORRIDORS LOCATED IN CLARK AND LIN15 COLN COUNTIES IN THE STATE OF NEVADA.

16 (a) DEFINITIONS.—In this section:

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

18 means the land exchange agreement between

19 Aerojet-General Corporation and the United States,

20 dated July 14, 1988.

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

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

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

24 Nevada-Florida Land Exchange Authoriza25 tion Act of 1988 (102 Stat. 55); and
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1 (ii) described in section 14(a) of the

2 Agreement;

3 (B) such portion of the utility corridor

4 identified in the 1988 Las Vegas Resource

5 Management Plan located south of the bound6 ary of the corridor described in subparagraph

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

8 corridor to the area described in subsection

9 (c)(2); and

10 (C) such portion of the utility corridor

11 identified in the 2000 Caliente Management

12 Framework Plan Amendment located north of

13 the boundary of the corridor described in sub14 paragraph (A) as is necessary to relocate the

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

16 subsection (c)(2).

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

18 the Secretary of the Interior.

19 (b) RELINQUISHMENT AND FAIR MARKET VALUE.—

20 (1) IN GENERAL.—The Secretary shall, in ac21 cordance with this section, relinquish all right, title,

22 and interest of the United States in and to the cor23 ridor on receipt of a payment in an amount equal

24 to the fair market value of the corridor (plus any
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1 costs relating to the right-of-way relocation de2 scribed in this subtitle).

3 (2) FAIR MARKET VALUE.—

4 (A) The fair market value of the corridor

5 shall be equal to the amount by which the value

6 of the discount described in the 1988 appraisal

7 of the corridor that was applied to the land un8 derlying the corridor has increased, as deter9 mined by the Secretary using the multiplier de10 termined under subparagraph (B).

11 (B) Not later than 60 days after the date

12 of the enactment of this Act, the Appraisal

13 Services Directorate of the Department of the

14 Interior shall determine an appropriate multi15 plier to reflect the change in the value of the

16 land underlying the corridor between—

17 (i) the date of which the corridor was

18 transferred in accordance with the Agree19 ment; and

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

21 (3) PROCEEDS.—Proceeds under this sub22 section shall be deposited in the account established

23 under section 113(c)

24 (c) RELOCATION.—
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1 (1) IN GENERAL.—The Secretary shall relocate

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

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

4 49781 that is located in the corridor relinquished

5 under subsection (b)(1).

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

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

8 land west of United States Route 93.

9 (3) REQUIREMENTS.—The relocation under

10 paragraph (1) shall be conducted in a manner

11 that—

12 (A) minimizes engineering design changes;

13 and

14 (B) maintains a gradual and smooth inter15 connection of the corridor with the area de16 scribed in paragraph (2).

17 (4) AUTHORIZED USES.—The Secretary may

18 authorize the location of any above ground or under19 ground utility facility, transmission lines, gas pipe20 lines, natural gas pipelines, fiber optics, tele21 communications, water lines, wells (including moni22 toring wells), cable television, and any related appur23 tenances in the area described in paragraph (1).

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

25 this section shall not require the Secretary to update the
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1 1998 Las Vegas Valley Resource Management Plan or the

2 2000 Caliente Management Framework Plan Amendment.

3 (e) WAIVER OF CERTAIN REQUIREMENTS.—The Sec4 retary shall waive the requirements of the Federal Land

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

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

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

8 with respect to an amendment to the legal description of

9 the right-of-way corridor.

10 Subtitle D—Silver State Off11 Highway Vehicle Trail

12 SEC. 151. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

13 (a) DEFINITIONS.—In this section:

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

15 the Secretary of the Interior.

16 (2) MAP.—The term ‘‘Map’’ means the map en17 titled ‘‘Lincoln County Conservation, Recreation and

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

19 (3) TRAIL.—The term ‘‘Trail’’ means the sys20 tem of trails designated in subsection (b) as the Sil21 ver State Off-Highway Vehicle Trail.

22 (b) DESIGNATION.—The trails that are generally de23 picted on the Map are hereby designated as the ‘‘Silver

24 State Off-Highway Vehicle Trail’’.

25 (c) MANAGEMENT.—
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1 (1) IN GENERAL.—The Secretary shall manage

2 the Trail in a manner that—

3 (A) is consistent with motorized and

4 mechanized use of the Trail that is authorized

5 on the date of the enactment of this title pursu6 ant to applicable Federal and State laws and

7 regulations;

8 (B) ensures the safety of the people who

9 use the Trail; and

10 (C) does not damage sensitive habitat or

11 cultural resources.

12 (2) MANAGEMENT PLAN.—

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

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

15 Secretary, in consultation with the State, the

16 County, and any other interested persons, shall

17 complete a management plan for the Trail.

18 (B) COMPONENTS.—The management plan

19 shall—

20 (i) describe the appropriate uses and

21 management of the Trail;

22 (ii) authorize the use of motorized and

23 mechanized vehicles on the Trail; and

24 (iii) describe actions carried out to pe25 riodically evaluate and manage the appro-
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1 priate levels of use and location of the

2 Trail to minimize environmental impacts

3 and prevent damage to cultural resources

4 from the use of the Trail.

5 (3) MONITORING AND EVALUATION.—

6 (A) ANNUAL ASSESSMENT.—The Secretary

7 shall annually assess the effects of the use of

8 off-highway vehicles on the Trail and, in con9 sultation with the Nevada Division of Wildlife,

10 assess the effects of the Trail on wildlife and

11 wildlife habitat to minimize environmental im12 pacts and prevent damage to cultural resources

13 from the use of the Trail.

14 (B) CLOSURE.—The Secretary, in con15 sultation with the State and the County, may

16 temporarily close or permanently reroute, sub17 ject to subparagraph (C), a portion of the Trail

18 if the Secretary determines that—

19 (i) the Trail is having an adverse im20 pact on—

21 (I) natural resources; or

22 (II) cultural resources;

23 (ii) the Trail threatens public safety;

24 (iii) closure of the Trail is necessary

25 to repair damage to the Trail; or
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1 (iv) closure of the Trail is necessary

2 to repair resource damage.

3 (C) REROUTING.—Portions of the Trail

4 that are temporarily closed may be permanently

5 rerouted along existing roads and trails on pub6 lic lands currently open to motorized use if the

7 Secretary determines that such rerouting will

8 not significantly increase or decrease the length

9 of the Trail.

10 (D) NOTICE.—The Secretary shall provide

11 information to the public regarding any routes

12 on the Trail that are closed under subpara13 graph (B), including by providing appropriate

14 signage along the Trail.

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

16 shall ensure that visitors to the Trail have access to

17 adequate notice regarding the routes on the Trail

18 that are open through use of appropriate signage

19 along the Trail and through the distribution of

20 maps, safety education materials, and other informa21 tion considered appropriate by the Secretary.

22 (d) NO EFFECT ON NON-FEDERAL LAND AND IN23 TERESTS IN LAND.—Nothing in this section shall be con24 strued to affect ownership, management, or other rights

25 related to non-Federal land or interests in land.
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1 (e) MAP ON FILE.—The Map shall be kept on file

2 at the appropriate offices of the Secretary.

3 Subtitle E—Open Space Parks

4 SEC. 161. OPEN SPACE PARK CONVEYANCE TO LINCOLN

5 COUNTY, NEVADA.

6 (a) CONVEYANCE.—Notwithstanding sections 202

7 and 203 of the Federal Land Policy and Management Act

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

9 after lands are identified by the County, the Secretary

10 shall convey to the County, subject to valid existing rights,

11 for no consideration, all right title, and interest of the

12 United States in and to the parcels of land described in

13 subsection (b).

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

15 Bureau of Land Management-managed public land in Lin16 coln County identified by the county in consultation with

17 the Bureau of Land Management.

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

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

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

21 accordance with section 113(c)(2) of this title.

22 (d) USE OF LAND.—

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

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

25 only for—
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1 (A) the conservation of natural resources;

2 or

3 (B) public parks.

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

5 land conveyed under subsection (a) shall be con6 structed and managed in a manner consistent with

7 the uses described in paragraph (1).

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

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

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

11 shall, at the discretion of the Secretary, revert to the

12 United States.

13 SEC. 162. OPEN SPACE PARK CONVEYANCE TO THE STATE

14 OF NEVADA.

15 (a) CONVEYANCE.—Notwithstanding section 202 of

16 the Federal Land Policy and Management Act of 1976

17 (43 U.S.C. 1712), the Secretary shall convey to the State

18 of Nevada, subject to valid existing rights, for no consider19 ation, all right, title, and interest of the United States in

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

21 there is a written agreement between the State and Lin22 coln County, Nevada, supporting such a conveyance.

23 (b) DESCRIPTION OF LAND.—The parcels of land re24 ferred to in subsection (a) are the parcels of land depicted

25 as ‘‘NV St. Park Expansion Proposal’’ on the map entitled
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1 ‘‘Lincoln County Conservation, Recreation, and Develop2 ment Act Map’’ and dated October 1, 2004.

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

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

5 administrative costs, shall be paid by the State.

6 (d) USE OF LAND.—

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

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

9 for—

10 (A) the conservation of natural resources;

11 or

12 (B) public parks.

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

14 land conveyed under subsection (a) shall be con15 structed and managed in a manner consistent with

16 the uses described in paragraph (1).

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

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

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

20 shall, at the discretion of the Secretary, revert to the

21 United States.
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1 Subtitle F—Jurisdiction Transfer

2 SEC. 171. TRANSFER OF ADMINISTRATIVE JURISDICTION

3 BETWEEN THE FISH AND WILDLIFE SERVICE

4 AND THE BUREAU OF LAND MANAGEMENT.

5 (a) IN GENERAL.—Administrative jurisdiction over

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

7 the United States Bureau of Land Management to the

8 United States Fish and Wildlife Service for inclusion in

9 the Desert National Wildlife Range and the administrative

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

11 transferred from the United States Fish and Wildlife

12 Service to the United States Bureau of Land Manage13 ment.

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

16 acres of land administered by the United States Bureau

17 of Land Management as generally depicted on the map

18 entitled ‘‘Lincoln County Conservation, Recreation, and

19 Development Act Map’’ and identified as ‘‘Lands to be

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

21 October 1, 2004.

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

24 acres of land administered by the United States Fish and

25 Wildlife Service as generally depicted on the map entitled
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1 ‘‘Lincoln County Conservation, Recreation, and Develop2 ment Act Map’’ and identified as ‘‘Lands to be transferred

3 to the Bureau of Land Management’’ and dated October

4 1, 2004.

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

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

7 appropriate)—

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

9 Land Management;

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

11 the Bureau of Land Management;

12 (3) the Ely Field Station of the Bureau of

13 Land Management;

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

15 Land Management;

16 (5) the Office of the Director of the United

17 States Fish and Wildlife Service; and

18 (6) the Office of the Desert National Wildlife

19 Complex.

20 TITLE II—OJITO WILDERNESS

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘Ojito Wilderness Act’’.

23 SEC. 202. DEFINITIONS.

24 In this title:
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1 (1) PUEBLO.—The term ‘‘Pueblo’’ means the

2 Pueblo of Zia.

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

4 the Secretary of the Interior.

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

6 of New Mexico.

7 (4) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Ojito Wilderness Act’’ and dated October 1,

9 2004.

10 (5) WILDERNESS.—The term ‘‘Wilderness’’

11 means the Ojito Wilderness designated under section

12 3(a).

13 SEC. 203. DESIGNATION OF THE OJITO WILDERNESS.

14 (a) IN GENERAL.—In furtherance of the purposes of

15 the Wilderness Act (16 U.S.C. 1131 et seq.), there is here16 by designated as wilderness, and, therefore, as a compo17 nent of the National Wilderness Preservation System, cer18 tain land in the Albuquerque District-Bureau of Land

19 Management, New Mexico, which comprise approximately

20 11,183 acres, as generally depicted on the map, and which

21 shall be known as the ‘‘Ojito Wilderness’’.

22 (b) MAP AND LEGAL DESCRIPTION.—The map and

23 a legal description of the Wilderness shall—

24 (1) be filed by the Secretary with the Com25 mittee on Energy and Natural Resources of the Sen-
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1 ate and the Committee on Resources of the House

2 of Representatives as soon as practicable after the

3 date of the enactment of this Act;

4 (2) have the same force and effect as if in5 cluded in this title, except that the Secretary may

6 correct clerical and typographical errors in the legal

7 description and map; and

8 (3) be on file and available for public inspection

9 in the appropriate offices of the Bureau of Land

10 Management.

11 (c) MANAGEMENT OF WILDERNESS.—Subject to

12 valid existing rights, the Wilderness shall be managed by

13 the Secretary in accordance with the Wilderness Act (16

14 U.S.C. 1131 et seq.) and this title, except that, with re15 spect to the Wilderness, any reference in the Wilderness

16 Act to the effective date of the Wilderness Act shall be

17 deemed to be a reference to the date of the enactment

18 of this Act.

19 (d) MANAGEMENT OF NEWLY ACQUIRED LAND.—If

20 acquired by the United States, the following land shall be21 come part of the Wilderness and shall be managed in ac22 cordance with this title and other laws applicable to the

23 Wilderness:

24 (1) Section 12 of township 15 north, range 01

25 west, New Mexico Principal Meridian.
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1 (2) Any land within the boundaries of the Wil2 derness.

3 (e) MANAGEMENT OF LANDS TO BE ADDED.—The

4 lands generally depicted on the map as ‘‘Lands to be

5 Added’’ shall become part of the Wilderness if the United

6 States acquires, or alternative adequate access is available

7 to section 12 of township 15 north, range 01 west.

8 (f) RELEASE.—The Congress hereby finds and di9 rects that the lands generally depicted on the map as

10 ‘‘Lands to be Released’’ have been adequately studied for

11 wilderness designation pursuant to section 603 of the Fed12 eral Land Policy and Management Act of 1976 (43 U.S.C.

13 1782) and no longer are subject to the requirement of sec14 tion 603(c) of such Act (16 U.S.C. 1782(c)) pertaining

15 to the management of wilderness study areas in a manner

16 that does not impair the suitability of such areas for pres17 ervation as wilderness.

18 (g) GRAZING.—Grazing of livestock in the Wilder19 ness, where established before the date of the enactment

20 of this Act, shall be administered in accordance with the

21 provisions of section 4(d)(4) of the Wilderness Act (16

22 U.S.C. 1133(d)(4)) and the guidelines set forth in Appen23 dix A of the Report of the Committee on Interior and In24 sular Affairs to accompany H.R. 2570 of the One Hun25 dred First Congress (H. Rept. 101–405).
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1 (h) FISH AND WILDLIFE.—As provided in section

2 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),

3 nothing in this section shall be construed as affecting the

4 jurisdiction or responsibilities of the State with respect to

5 fish and wildlife in the State.

6 (i) WATER.—Nothing in this section shall affect any

7 existing valid water right.

8 (j) WITHDRAWAL.—Subject to valid existing rights,

9 the Wilderness, the lands to be added under subsection

10 (e), and lands authorized to be acquired by the Pueblo

11 as generally depicted on the map are withdrawn from—

12 (1) all forms of entry, appropriation, and dis13 posal under the public land laws;

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

15 laws; and

16 (3) operation of the mineral leasing, mineral

17 materials, and geothermal leasing laws.

18 (k) EXCHANGE.—Not later than 3 years after the

19 date of the enactment of this Act, the Secretary shall seek

20 to complete an exchange for State land within the bound21 aries of the Wilderness.

22 SEC. 204. LAND HELD IN TRUST.

23 (a) IN GENERAL.—Subject to valid existing rights

24 and the conditions under subsection (d), all right, title,

25 and interest of the United States in and to the lands (in-
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1 cluding improvements, appurtenances, and mineral rights

2 to the lands) generally depicted on the map as ‘‘BLM

3 Lands Authorized to be Acquired by the Pueblo of Zia’’

4 shall, on receipt of consideration under subsection (c) and

5 adoption and approval of regulations under subsection (d),

6 be declared by the Secretary to be held in trust by the

7 United States for the Pueblo and shall be part of the

8 Pueblo’s Reservation.

9 (b) DESCRIPTION OF LANDS.—The boundary of the

10 lands authorized by this section for acquisition by the

11 Pueblo where generally depicted on the map as imme12 diately adjacent to CR906, CR923, and Cucho Arroyo

13 Road shall be 100 feet from the center line of the road.

14 (c) CONSIDERATION.—

15 (1) IN GENERAL.—In consideration for the con16 veyance authorized under subsection (a), the Pueblo

17 shall pay to the Secretary the amount that is equal

18 to the fair market value of the land conveyed, as

19 subject to the terms and conditions in subsection

20 (d), as determined by an independent appraisal.

21 (2) APPRAISAL.—To determine the fair market

22 value, the Secretary shall conduct an appraisal paid

23 for by the Pueblo that is performed in accordance

24 with the Uniform Appraisal Standards for Federal
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1 Land Acquisitions and the Uniform Standards of

2 Professional Appraisal Practice.

3 (3) AVAILABILITY.—Any amounts paid under

4 paragraph (1) shall be available to the Secretary,

5 without further appropriation and until expended,

6 for the acquisition from willing sellers of land or in7 terests in land in the State.

8 (d) PUBLIC ACCESS.—

9 (1) IN GENERAL.—Subject to paragraph (2),

10 the declaration of trust and conveyance under sub11 section (a) shall be subject to the continuing right

12 of the public to access the land for recreational, sce13 nic, scientific, educational, paleontological, and con14 servation uses, subject to any regulations for land

15 management and the preservation, protection, and

16 enjoyment of the natural characteristics of the land

17 that are adopted by the Pueblo and approved by the

18 Secretary; Provided that the Secretary shall ensure

19 that the rights provided for in this paragraph are

20 protected and that a process for resolving any com21 plaints by an aggrieved party is established.

22 (2) CONDITIONS.—Except as provided in sub23 section (f)—

24 (A) IN GENERAL.—The land conveyed

25 under subsection (a) shall be maintained as
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1 open space, and the natural characteristics of

2 the land shall be preserved in perpetuity.

3 (B) PROHIBITED USES.—The use of mo4 torized vehicles (except on existing roads or as

5 is necessary for the maintenance and repair of

6 facilities used in connection with grazing oper7 ations), mineral extraction, housing, gaming,

8 and other commercial enterprises shall be pro9 hibited within the boundaries of the land con10 veyed under subsection (a).

11 (e) RIGHTS OF WAY.—

12 (1) EXISTING RIGHTS OF WAY.—Nothing in

13 this section shall affect—

14 (A) any validly issued right-of-way, or the

15 renewal thereof; or

16 (B) the access for customary construction,

17 operation, maintenance, repair, and replace18 ment activities in any right-of-way issued,

19 granted, or permitted by the Secretary.

20 (2) NEW RIGHTS OF WAY AND RENEWALS.—

21 (A) IN GENERAL.—The Pueblo shall grant

22 any reasonable requests for rights-of-way for

23 utilities and pipelines over land acquired under

24 subsection (a) that is designated as the Rights25 of-Way corridor #1 as established in the Rio
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1 Puerco Resource Management Plan in effect on

2 the date of the grant.

3 (B) ADMINISTRATION.—Any right-of-way

4 issued or renewed after the date of the enact5 ment of this Act over land authorized to be con6 veyed by this section shall be administered in

7 accordance with the rules, regulations, and fee

8 payment schedules of the Department of the In9 terior, including the Rio Puerco Resources

10 Management Plan in effect on the date of

11 issuance or renewal of the right-of-way.

12 (f) JUDICIAL RELIEF.—

13 (1) IN GENERAL.—To enforce subsection (d),

14 any person may bring a civil action in the United

15 States District Court for the District of New Mexico

16 seeking declaratory or injunctive relief.

17 (2) SOVEREIGN IMMUNITY.—The Pueblo shall

18 not assert sovereign immunity as a defense or bar

19 to a civil action brought under paragraph (1).

20 (3) EFFECT.—Nothing in this section—

21 (A) authorizes a civil action against the

22 Pueblo for money damages, costs, or attorneys

23 fees; or
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1 (B) except as provided in paragraph (2),

2 abrogates the sovereign immunity of the Pueb3 lo.

Passed the House of Representatives October 4,

2004.

Attest:

Clerk.