II 

109TH CONGRESS 

2D SESSION S. 3772 

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

and provide for high quality development in White Pine County, Nevada, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2006 

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

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

Resources 

A BILL 

To establish wilderness areas, promote conservation, improve 

public land, and provide for high quality development 

in White Pine County, Nevada, and for other purposes. 

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

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 

6 SEC. 2. SHORT TITLE; TABLE OF CONTENTS. 

7 (a) SHORT TITLE.—This Act may be cited as the 

8 ‘‘White Pine County Conservation, Recreation, and Devel9 opment Act of 2006’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Authorization of appropriations. 

Sec. 2. Short title; table of contents. 

Sec. 3. Definitions. 

TITLE I—LAND DISPOSAL 

Sec. 101. Conveyance of White Pine County, Nevada, land. 

Sec. 102. Disposition of proceeds. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Short title. 

Sec. 202. Findings. 

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—TRANSFERS OF ADMINISTRATIVE JURISDICTION 

Sec. 301. Transfer to the United States Fish and Wildlife Service. 

Sec. 302. Transfer to the Bureau of Land Management. 

Sec. 303. Availability of map and legal descriptions. 

TITLE IV—PUBLIC CONVEYANCES 

Sec. 401. Conveyance to the State of Nevada. 

Sec. 402. Conveyance to White Pine County, Nevada. 

TITLE V—SILVER STATE OFF-HIGHWAY VEHICLE TRAIL 

Sec. 501. Silver State off-highway vehicle trail. 

TITLE VI—TRANSFER OF LAND TO BE HELD IN TRUST FOR THE 

ELY SHOSHONE TRIBE. 

Sec. 601. Transfer of land to be held in trust for the Ely Shoshone Tribe. 

TITLE VII—EASTERN NEVADA LANDSCAPE RESTORATION 

PROJECT. 

Sec. 701. Findings; purposes. 

Sec. 702. Definitions. 

Sec. 703. Restoration project. 

TITLE VIII—AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC 

LAND MANAGEMENT ACT OF 1998 

Sec. 801. Findings. 

Sec. 802. Definitions. 


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Sec. 803. Availability of special account. 

Sec. 804. Affordable housing. 

TITLE IX—GREAT BASIN HERITAGE ROUTE 

Sec. 901. Short title. 

Sec. 902. Findings and purposes. 

Sec. 903. Definitions. 

Sec. 904. Great Basin National Heritage Route. 

Sec. 905. Memorandum of understanding. 

Sec. 906. Management Plan. 

Sec. 907. Authority and duties of local coordinating entity. 

Sec. 908. Duties and authorities of Federal agencies. 

Sec. 909. Land use regulation; applicability of Federal law. 

Sec. 910. Authorization of appropriations. 

Sec. 911. Termination of authority. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COUNTY.—The term ‘‘County’’ means 

4 White Pine County, Nevada. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ 

6 means— 

7 (A) with respect to land in the National 

8 Forest System, the Secretary of Agriculture; 

9 and 

10 (B) with respect to other Federal land, the 

11 Secretary of the Interior. 

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

13 of Nevada. 

14 TITLE I—LAND DISPOSAL 

15 SEC. 101. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, 

16 LAND. 

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

18 203 of the Federal Land Policy and Management Act of 


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1 1976 (43 U.S.C. 1712, 1713), the Secretary, in coopera2 tion with the County, in accordance with that Act, this 

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

4 rights, shall, at such time as the parcels of Federal land 

5 become available for disposal, conduct sales of the parcels 

6 of Federal land described in subsection (b) to qualified 

7 bidders. 

8 (b) DESCRIPTION OF LAND.—The parcels of Federal 

9 land referred to in subsection (a) consist of not more than 

10 45,000 acres of Bureau of Land Management land in the 

11 County that— 

12 (1) is not segregated or withdrawn on or after 

13 the date of enactment of this Act; and 

14 (2) is identified for disposal by the Bureau of 

15 Land Management through— 

16 (A) the Ely Resource Management Plan; 

17 or 

18 (B) a subsequent amendment to the man19 agement plan that is undertaken with full pub20 lic involvement. 

21 (c) AVAILABILITY.—The map and any legal descrip22 tions of the Federal land conveyed under this section shall 

23 be on file and available for public inspection in— 

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 

2 the Bureau of Land Management; and 

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

4 Management. 

5 (d) JOINT SELECTION REQUIRED.—The Secretary 

6 and the County shall jointly select which parcels of Fed7 eral land described in subsection (b) to offer for sale under 

8 subsection (a). 

9 (e) COMPLIANCE WITH LOCAL PLANNING AND ZON10 ING LAWS.—Before a sale of Federal land under sub11 section (a), the County shall submit to the Secretary a 

12 certification that qualified bidders have agreed to comply 

13 with— 

14 (1) County and city zoning ordinances; and 

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

16 the County. 

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

18 Federal land under subsection (a) shall be— 

19 (1) consistent with subsections (d) and (f) of 

20 section 203 of the Federal Land Management Policy 

21 Act of 1976 (43 U.S.C. 1713); 

22 (2) unless otherwise determined by the Sec23 retary, through a competitive bidding process; and 

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

25 (g) WITHDRAWAL.— 


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

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

3 Federal land described in subsection (b) is with4 drawn from— 

5 (A) all forms of entry and appropriation 

6 under the public land laws and mining laws; 

7 (B) location and patent under the mining 

8 laws; and 

9 (C) operation of the mineral laws, geo10 thermal leasing laws, and mineral material 

11 laws. 

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

13 apply to sales made consistent with this section or 

14 an election by the County or the State to obtain the 

15 land described in subsection (b) for public purposes 

16 under the Act of June 14, 1926 (commonly known 

17 as the ‘‘Recreation and Public Purposes Act’’) (43 

18 U.S.C. 869 et seq.). 

19 (h) DEADLINE FOR SALE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), not later than 1 year after the date of en22 actment of this Act and annually thereafter until the 

23 Federal land described in subsection (b) is disposed 

24 of or the County requests a postponement under 


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1 paragraph (2), the Secretary shall offer for sale the 

2 Federal land described in subsection (b). 

3 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

4 (A) REQUEST BY COUNTY FOR POSTPONE5 MENT OR EXCLUSION.—At the request of the 

6 County, the Secretary shall postpone or exclude 

7 from the sale all or a portion of the land de8 scribed in subsection (b). 

9 (B) INDEFINITE POSTPONEMENT.—Unless 

10 specifically requested by the County, a post11 ponement under subparagraph (A) shall not be 

12 indefinite. 

13 SEC. 102. DISPOSITION OF PROCEEDS. 

14 (a) DISPOSITION OF PROCEEDS.—Of the proceeds 

15 from the sale of Federal land described in section 

16 101(b)— 

17 (1) 5 percent shall be paid directly to the State 

18 for use in the general education program of the 

19 State; 

20 (2) 10 percent shall be paid to the County for 

21 use for fire protection, law enforcement, public safe22 ty, housing, social services, transportation, and nat23 ural resource planning; and 

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

25 account in the Treasury of the United States, to be 


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1 known as the ‘‘White Pine County Special Account’’ 

2 (referred to in this title as the ‘‘special account’’), 

3 and shall be available without further appropriation 

4 to the Secretary until expended for— 

5 (A) the reimbursement of costs incurred by 

6 the Nevada State office and the Ely Field Of7 fice of the Bureau of Land Management for 

8 preparing for the sale of Federal land described 

9 in section 101(b), including the costs of surveys 

10 and appraisals and compliance with the Na11 tional Environmental Policy Act of 1969 (42 

12 U.S.C. 4321) and sections 202 and 203 of the 

13 Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1712, 1713); 

15 (B) the inventory, evaluation, protection, 

16 and management of unique archaeological re17 sources (as defined in section 3 of the Archae18 ological Resources Protection Act of 1979 (16 

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

20 (C) the reimbursement of costs incurred by 

21 the Department of the Interior for preparing 

22 and carrying out the transfers of land to be 

23 held in trust by the United States under section 

24 601; 


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1 (D) processing public land use authoriza2 tions and rights-of-way relating to the develop3 ment of land conveyed under section 101(a); 

4 (E) conducting a study of routes for the 

5 Silver State Off-Highway Vehicle Trail as re6 quired by section 501(a); 

7 (F) developing and implementing the Silver 

8 State Off-Highway Vehicle Trail management 

9 plan described in section 501(c); 

10 (G) processing wilderness designations, in11 cluding the costs of appropriate fencing, sign12 age, public education, and enforcement for the 

13 wilderness areas designated; 

14 (H) if the Secretary determines necessary, 

15 developing and implementing conservation plans 

16 for endangered or at risk species in the County; 

17 and 

18 (I) carrying out a study to assess non-mo19 torized recreation opportunities on Federal land 

20 in the County. 

21 (b) 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 in 

2 accordance with this section. 

3 TITLE II—WILDERNESS AREAS 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Pam White Wilderness 

6 Act of 2006’’. 

7 SEC. 202. FINDINGS. 

8 Congress finds that— 

9 (1) public land in the County contains unique 

10 and spectacular natural resources, including— 

11 (A) priceless habitat for numerous species 

12 of plants and wildlife; and 

13 (B) thousands of acres of land that remain 

14 in a natural state; and 

15 (2) continued preservation of those areas would 

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

17 (A) ensuring the conservation of eco18 logically diverse habitat; 

19 (B) protecting prehistoric cultural re20 sources; 

21 (C) conserving primitive recreational re22 sources; and 

23 (D) protecting air and water quality. 


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1 SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESER2 VATION SYSTEM. 

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

4 designated as wilderness and as components of the Na5 tional Wilderness Preservation System: 

6 (1) MT. MORIAH WILDERNESS ADDITION.—Cer7 tain Federal land managed by the Forest Service 

8 and the Bureau of Land Management, comprising 

9 approximately 11,193 acres, as generally depicted on 

10 the map entitled ‘‘Eastern White Pine County’’ and 

11 dated August 1, 2006, is incorporated in, and shall 

12 be managed as part of, the Mt. Moriah Wilderness, 

13 as designated by section 2(13) of the Nevada Wil14 derness Protection Act of 1989 (16 U.S.C. 1132 

15 note; Public Law 101–195). 

16 (2) MOUNT GRAFTON WILDERNESS.—Certain 

17 Federal land managed by the Bureau of Land Man18 agement, comprising approximately 66,918 acres, as 

19 generally depicted on the map entitled ‘‘Southern 

20 White Pine County’’ and dated August 1, 2006, 

21 which shall be known as the ‘‘Mount Grafton Wil22 derness’’. 

23 (3) SOUTH EGAN RANGE WILDERNESS.—Cer24 tain Federal land managed by the Bureau of Land 

25 Management, comprising approximately 42,967 

26 acres, as generally depicted on the map entitled 


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1 ‘‘Southern White Pine County’’ and dated August 1, 

2 2006, which shall be known as the ‘‘South Egan 

3 Range Wilderness’’. 

4 (4) EGAN RIDGELINE WILDERNESS.—Certain 

5 Federal land managed by the Bureau of Land Man6 agement, comprising approximately 18,669 acres, as 

7 generally depicted on the map entitled ‘‘Southern 

8 White Pine County’’ and dated August 1, 2006, 

9 which shall be known as the ‘‘Egan Ridgeline Wil10 derness’’. 

11 (5) HIGHLAND RIDGE WILDERNESS.—Certain 

12 Federal land managed by the Bureau of Land Man13 agement and the Forest Service, comprising approxi14 mately 70,098 acres, as generally depicted on the 

15 map entitled ‘‘Southern White Pine County’’ and 

16 dated August 1, 2006, which shall be known as the 

17 ‘‘Highland Ridge Wilderness’’. 

18 (6) GOVERNMENT PEAK WILDERNESS.—Certain 

19 Federal land managed by the Bureau of Land Man20 agement, comprising approximately 6,313 acres, as 

21 generally depicted on the map entitled ‘‘Eastern 

22 White Pine County’’ and dated August 1, 2006, 

23 which shall be known as the ‘‘Government Peak Wil24 derness’’. 


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1 (7) CURRANT MOUNTAIN WILDERNESS ADDI2 TION.—Certain Federal land managed by the Forest 

3 Service, comprising approximately 10,631 acres, as 

4 generally depicted on the map entitled ‘‘Western 

5 White Pine County’’ and dated August 1, 2006, is 

6 incorporated in, and shall be managed as part of, 

7 the ‘‘Currant Mountain Wilderness’’, as designated 

8 by section 2(4) of the Nevada Wilderness Protection 

9 Act of 1989 (16 U.S.C. 1132 note; Public Law 101– 

10 195). 

11 (8) RED MOUNTAIN WILDERNESS.—Certain 

12 Federal land managed by the Forest Service, com13 prising approximately 20,490 acres, as generally de14 picted on the map entitled ‘‘Western White Pine 

15 County’’ and dated August 1, 2006, which shall be 

16 known as the ‘‘Red Mountain Wilderness’’. 

17 (9) BALD MOUNTAIN WILDERNESS.—Certain 

18 Federal land managed by the Bureau of Land Man19 agement and the Forest Service, comprising approxi20 mately 22,352 acres, as generally depicted on the 

21 map entitled ‘‘Western White Pine County’’ and 

22 dated August 1, 2006, which shall be known as the 

23 ‘‘Bald Mountain Wilderness’’. 

24 (10) WHITE PINE RANGE WILDERNESS.—Cer25 tain Federal land managed by the Forest Service, 


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1 comprising approximately 42,562 acres, as generally 

2 depicted on the map entitled ‘‘Western White Pine 

3 County’’ and dated August 1, 2006, which shall be 

4 known as the ‘‘White Pine Range Wilderness’’. 

5 (11) SHELLBACK WILDERNESS.—Certain Fed6 eral land managed by the Forest Service, comprising 

7 approximately 36,133 acres, as generally depicted on 

8 the map entitled ‘‘Western White Pine County’’ and 

9 dated August 1, 2006, which shall be known as the 

10 ‘‘Shellback Wilderness’’. 

11 (12) SCHELL CREEK RANGE WILDERNESS.— 

12 Certain Federal land managed by the Forest Serv13 ice, comprising approximately 122,123 acres, as gen14 erally depicted on the map entitled ‘‘Eastern White 

15 Pine County’’ and dated August 1, 2006, which 

16 shall be known as the ‘‘Schell Creek Wilderness’’. 

17 (13) BECKY PEAK WILDERNESS.—Certain Fed18 eral land managed by the Bureau of Land Manage19 ment, comprising approximately 18,119 acres, as 

20 generally depicted on the map entitled ‘‘Northern 

21 White Pine County’’ and dated August 1, 2006, 

22 which shall be known as the ‘‘Becky Peak Wilder23 ness’’. 

24 (14) GOSHUTE CANYON WILDERNESS.—Certain 

25 Federal land managed by the Bureau of Land ManVerDate Aug 31 2005 23:08 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3772.IS S3772

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1 agement, comprising approximately 42,657 acres, as 

2 generally depicted on the map entitled ‘‘Northern 

3 White Pine County’’ and dated August 1, 2006, 

4 which shall be known as the ‘‘Goshute Canyon Wil5 derness’’. 

6 (15) BRISTLECONE WILDERNESS.—Certain 

7 Federal land managed by the Bureau of Land Man8 agement, comprising approximately 14,095 acres, as 

9 generally depicted on the map entitled ‘‘Eastern 

10 White Pine County’’ and dated August 1, 2006, 

11 which shall be known as the ‘‘Bristlecone Wilder12 ness’’. 

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

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

16 of the road to allow public access. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

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

19 the date of enactment of this Act, the Secretary 

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

22 Committee on Energy and Natural Resources of the 

23 Senate and the Committee on Resources of the 

24 House of Representatives. 


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

2 shall have the same force and effect as if included 

3 in this section, except that the Secretary may correct 

4 clerical and typographical errors in the map or legal 

5 description. 

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

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

11 (B) the Office of the Nevada State Direc12 tor of the Bureau of Land Management; 

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

14 Land Management; 

15 (D) the Office of the Chief of the Forest 

16 Service; 

17 (E) the Office of the Regional Forester, 

18 Region 4; and 

19 (F) the Office of the Forest Supervisor of 

20 the Humbold-Toiyabe National Forest; and 

21 (G) the Ely Ranger District Office of the 

22 Forest Service. 

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

24 the wilderness areas designated by subsection (a) are with25 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 (e) MT. MORIAH WILDERNESS BOUNDARY ADJUST8 MENT.—The boundary of the Mt. Moriah Wilderness es9 tablished under section 2(13) of the Nevada Wilderness 

10 Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 

11 101–195) is adjusted to include only the land identified 

12 as the ‘‘Mount Moriah Wilderness’’ on the map entitled 

13 ‘‘Eastern White Pine County’’ and dated August 1, 2006. 

14 SEC. 204. ADMINISTRATION. 

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

16 each area designated as wilderness by this title shall be 

17 administered by the Secretary in accordance with the Wil18 derness Act (16 U.S.C. 1131 et seq.), except that— 

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

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

21 of enactment of this Act; and 

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

23 of Agriculture shall be considered to be a reference 

24 to the Secretary of Agriculture or the Secretary of 

25 the Interior, as appropriate. 


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1 (b) LIVESTOCK.—Within the wilderness areas des2 ignated under this title that are administered by the Bu3 reau of Land Management and the Forest Service, the 

4 grazing of livestock in areas in which grazing is estab5 lished as of the date of enactment of this Act shall be 

6 allowed to continue— 

7 (1) subject to such reasonable regulations, poli8 cies, and practices that the Secretary considers nec9 essary; and 

10 (2) consistent with section 4(d)(4) of the Wil11 derness Act (16 U.S.C. 1133(d)(4)), including the 

12 guidelines set forth in Appendix A of House Report 

13 101–405. 

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 

17 acquired by the United States after the date of enactment 

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

19 of the wilderness area within which the acquired land or 

20 interest is located. 

21 (d) WATER RIGHTS.— 

22 (1) FINDINGS.—Congress finds that— 

23 (A) the land designated as wilderness by 

24 this title is located— 


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1 (i) in the semiarid region of the Great 

2 Basin; and 

3 (ii) at the headwaters of the streams 

4 and rivers on land with respect to which 

5 there are few if any— 

6 (I) actual or proposed water re7 source facilities located upstream; and 

8 (II) opportunities for diversion, 

9 storage, or other uses of water occur10 ring outside the land that would ad11 versely affect the wilderness values of 

12 the land; 

13 (B) the land designated as wilderness by 

14 this title is generally not suitable for use or de15 velopment of new water resource facilities; and 

16 (C) because of the unique nature of the 

17 land designated as wilderness by this title, it is 

18 possible to provide for proper management and 

19 protection of the wilderness and other values of 

20 land in ways different from those used in other 

21 laws. 

22 (2) PURPOSE.—The purpose of this section is 

23 to protect the wilderness values of the land des24 ignated as wilderness by this title by means other 

25 than a federally reserved water right. 


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1 (3) STATUTORY CONSTRUCTION.—Nothing in 

2 this title— 

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

5 by the United States of any water or water 

6 rights with respect to a wilderness designated 

7 by this title; 

8 (B) shall affect any water rights in the 

9 State (including any water rights held by the 

10 United States) in existence on the date of en11 actment of this Act; 

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 interstate compact 

20 or equitable apportionment decree that appor21 tions water among and between the State and 

22 other States. 

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

24 follow the procedural and substantive requirements 

25 of State law in order to obtain and hold any water 


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1 rights not in existence on the date of enactment of 

2 this Act with respect to the wilderness areas des3 ignated by this title. 

4 (5) NEW PROJECTS.— 

5 (A) DEFINITION OF WATER RESOURCE FA6 CILITY.—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, trans12 mission and other ancillary facilities, and 

13 other water diversion, storage, and car14 riage structures; and 

15 (ii) does not include wildlife guzzlers. 

16 (B) RESTRICTION ON NEW WATER RE17 SOURCE FACILITIES.—Except as otherwise pro18 vided in this Act, on or after the date of enact19 ment of this Act, neither the President nor any 

20 other officer, employee, or agent of the United 

21 States shall fund, assist, authorize, or issue a 

22 license or permit for the development of any 

23 new water resource facility within a wilderness 

24 area that is wholly or partially within the Coun25 ty. 


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1 SEC. 205. ADJACENT MANAGEMENT. 

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

3 designation of wilderness in the State by this title to lead 

4 to the creation of protective perimeters or buffer zones 

5 around any such wilderness area. 

6 (b) NONWILDERNESS ACTIVITIES.—The fact that 

7 nonwilderness activities or uses can be seen or heard from 

8 areas within a wilderness designated under this title shall 

9 not preclude the conduct of those activities or uses outside 

10 the boundary of the wilderness area. 

11 SEC. 206. MILITARY OVERFLIGHTS. 

12 Nothing in this title restricts or precludes— 

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

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

16 heard within the wilderness areas; 

17 (2) flight testing and evaluation; or 

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

19 special use airspace, or the establishment of military 

20 flight training routes, over the wilderness areas. 

21 SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

22 USES. 

23 Nothing in this title shall be construed to diminish— 

24 (1) the rights of any Indian tribe; or 


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1 (2) tribal rights regarding access to Federal 

2 land for tribal activities, including spiritual, cultural, 

3 and traditional food-gathering activities. 

4 SEC. 208. RELEASE OF WILDERNESS STUDY AREAS. 

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

6 of section 603 of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

8 Management land has been adequately studied for wilder9 ness designation in any portion of the wilderness study 

10 areas or instant study areas— 

11 (1) not designated as wilderness by section 

12 203(a), excluding the portion of the Goshute Canyon 

13 Wilderness Study Area located outside of the Coun14 ty; and 

15 (2) depicted as released on the maps entitled— 

16 (A) ‘‘Eastern White Pine County’’ and 

17 dated August 1, 2006; 

18 (B) ‘‘Northern White Pine County’’ and 

19 dated August 1, 2006; 

20 (C) ‘‘Southern White Pine County’’ and 

21 dated August 1, 2006; and 

22 (D) ‘‘Western White Pine County’’ and 

23 dated August 1, 2006. 

24 (b) RELEASE.— 


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1 (1) IN GENERAL.—Any public land described in 

2 subsection (a) that is not designated as wilderness 

3 by this title— 

4 (A) is no longer subject to section 603(c) 

5 of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1782(c)); 

7 (B) shall be managed in accordance with— 

8 (i) land management plans adopted 

9 under section 202 of that Act (43 U.S.C. 

10 1712); and 

11 (ii) cooperative conservation agree12 ments in existence on the date of enact13 ment of this Act; and 

14 (C) shall be subject to the Endangered 

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

16 (2) EXCEPTION.—The requirements described 

17 in paragraph (1) shall not apply to the portion of 

18 the Goshute Canyon Wilderness Study Area located 

19 outside of the County. 

20 SEC. 209. WILDLIFE MANAGEMENT. 

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

22 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

23 nothing in this title affects the jurisdiction of the State 

24 with respect to fish and wildlife management, including 


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1 the regulation of hunting, fishing, and trapping, in the wil2 derness areas designated by this title. 

3 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

4 the purposes and principles of the Wilderness Act (16 

5 U.S.C. 1131 et seq.), the Secretary may conduct such 

6 management activities as are necessary to maintain or re7 store fish and wildlife populations and habitats in the wil8 derness areas designated by this title if those activities are 

9 conducted— 

10 (1) consistent with relevant wilderness manage11 ment plans; and 

12 (2) in accordance with appropriate policies such 

13 as those set forth in Appendix B of House Report 

14 101–405. 

15 (c) EXISTING ACTIVITIES.—Consistent with section 

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

17 in accordance with appropriate policies such as those set 

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

19 may continue to use aircraft, including helicopters, to sur20 vey, capture, transplant, monitor, and provide water for 

21 wildlife populations, including bighorn sheep, and feral 

22 stock, feral horses, and feral burros. 

23 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

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

25 structures and facilities, including existing structures and 


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1 facilities, for wildlife water development projects, including 

2 guzzlers, in the wilderness areas designated by this title 

3 if— 

4 (1) the structures and facilities will, as deter5 mined by the Secretary, enhance wilderness values 

6 by promoting healthy, viable, and more naturally 

7 distributed wildlife populations; and 

8 (2) the visual impacts of the structures and fa9 cilities on the wilderness areas can reasonably be 

10 minimized. 

11 (e) HUNTING, FISHING, AND TRAPPING.— 

12 (1) IN GENERAL.—The Secretary may des13 ignate by regulation areas in which, and establish 

14 periods during which, for reasons of public safety, 

15 administration, or compliance with applicable laws, 

16 no hunting, fishing, or trapping will be permitted in 

17 the wilderness areas designated by this title. 

18 (2) CONSULTATION.—Except in emergencies, 

19 the Secretary shall consult with the appropriate 

20 State agency before promulgating regulations under 

21 paragraph (1). 

22 (f) COOPERATIVE AGREEMENT.— 

23 (1) IN GENERAL.—The State (including a des24 ignee of the State) may conduct wildlife manageVerDate Aug 31 2005 23:08 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3772.IS S3772

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1 ment activities in the wilderness areas designated by 

2 this title— 

3 (A) in accordance with the terms and con4 ditions specified in the cooperative agreement 

5 between the Secretary and the State, entitled 

6 ‘‘Memorandum of Understanding between the 

7 Bureau of Land Management and the Nevada 

8 Department of Wildlife Supplement No. 9,’’ and 

9 signed November and December 2003, includ10 ing any amendments to the cooperative agree11 ment agreed to by the Secretary and the State; 

12 and 

13 (B) subject to all applicable laws and regu14 lations. 

15 (2) REFERENCES.— 

16 (A) CLARK COUNTY.—For purposes of this 

17 subsection, any references to Clark County in 

18 the cooperative agreement described in para19 graph (1)(A) shall be considered to be ref20 erences to White Pine County, Nevada. 

21 (B) BUREAU OF LAND MANAGEMENT.— 

22 For purposes of this subsection, any references 

23 to the Bureau of Land Management in the co24 operative agreement described in paragraph 


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1 (1)(A) shall also be considered to be references 

2 to the Forest Service. 

3 SEC. 210. WILDFIRE MANAGEMENT. 

4 Consistent with section 4 of the Wilderness Act (16 

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

6 State, or local agency from conducting any wildfire man7 agement operations (including operations using aircraft or 

8 mechanized equipment) to manage wildfires in the wilder9 ness areas designated by this title. 

10 SEC. 211. CLIMATOLOGICAL DATA COLLECTION. 

11 Subject to such terms and conditions as the Secretary 

12 may prescribe, nothing in this title precludes the installa13 tion and maintenance of hydrologic, meteorologic, or cli14 matological collection devices in the wilderness areas des15 ignated by this title if the facilities and access to the facili16 ties are essential to flood warning, flood control, and water 

17 reservoir operation activities. 

18 TITLE III—TRANSFERS OF 

19 ADMINISTRATIVE JURISDICTION 

20 SEC. 301. TRANSFER TO THE UNITED STATES FISH AND 

21 WILDLIFE SERVICE. 

22 (a) IN GENERAL.—Administrative jurisdiction over 

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

24 the Bureau of Land Management to the United States 


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1 Fish and Wildlife Service for inclusion in the Ruby Lake 

2 National Wildlife Refuge. 

3 (b) DESCRIPTION OF LAND.—The parcel of land re4 ferred to in subsection (a) is approximately 645 acres of 

5 land administered by the Bureau of Land Management 

6 and identified on the map entitled ‘‘Ruby Lake Land 

7 Transfer’’ and dated July 10, 2006, as ‘‘Lands to be 

8 transferred to the Fish and Wildlife Service’’. 

9 SEC. 302. TRANSFER TO THE BUREAU OF LAND MANAGE10 MENT. 

11 (a) IN GENERAL.—Subject to subsection (c), admin12 istrative jurisdiction over the parcels of land described in 

13 subsection (b) is transferred from the Forest Service to 

14 the Bureau of Land Management. 

15 (b) DESCRIPTION OF LAND.—The parcels of land re16 ferred to in subsection (a) are— 

17 (1) the land administered by the Forest Service 

18 and identified on the map entitled ‘‘Southern White 

19 Pine County’’ and dated August 1, 2006, as ‘‘With20 drawal Area’’; 

21 (2) the land administered by the Forest Service 

22 and identified on the map entitled ‘‘Southern White 

23 Pine County’’ and dated August 1, 2006, as ‘‘High24 land Ridge Wilderness Area’’; and 


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1 (3) all other Federal land administered by the 

2 Forest Service that is located adjacent to the High3 land Ridge Wilderness Area. 

4 (c) CONTINUATION OF COOPERATIVE AGREE5 MENTS.—Any existing Forest Service cooperative agree6 ment or permit in effect on the date of enactment of this 

7 Act relating to a parcel of land to which administrative 

8 jurisdiction is transferred by subsection (a) shall be con9 tinued by the Bureau of Land Management unless there 

10 is reasonable cause to terminate the agreement or permit, 

11 as determined by the Secretary. 

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

13 all Federal land within the Withdrawal Area is withdrawn 

14 from all forms of— 

15 (1) entry, appropriation, or disposal under the 

16 public land laws; 

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

18 laws; and 

19 (3) operation of the mineral laws, geothermal 

20 leasing laws, and mineral materials laws. 

21 (e) MOTORIZED AND MECHANICAL VEHICLES.—Use 

22 of motorized and mechanical vehicles in the withdrawal 

23 area designated by this title shall be permitted only on 

24 roads and trails designated for their use, unless the use 

25 of those vehicles is needed— 


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1 (1) for administrative purposes; or 

2 (2) to respond to an emergency. 

3 SEC. 303. AVAILABILITY OF MAP AND LEGAL DESCRIP4 TIONS. 

5 The maps of the land transferred by this title shall 

6 be on file and available for public inspection in— 

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

8 Land Management; 

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

10 the Bureau of Land Management; 

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

12 Land Management; 

13 (4) the Office of the Director of the United 

14 States Fish and Wildlife Service; 

15 (5) the Office of the Ruby Lake National Wild16 life Refuge; 

17 (6) the Office of the Director of the National 

18 Park Service; 

19 (7) the Great Basin National Park Office; 

20 (8) the Office of the Chief of the Forest Serv21 ice; 

22 (9) the Office of the Regional Forester, Region 

23 4; 

24 (10) the Office of the Forest Supervisor of the 

25 Humboldt-Toiyabe National Forest; and 


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1 (11) the Ely Ranger District Office of the For2 est Service. 

3 TITLE IV—PUBLIC 

4 CONVEYANCES 

5 SEC. 401. CONVEYANCE TO THE STATE OF NEVADA. 

6 (a) CONVEYANCE.—Notwithstanding section 202 of 

7 the Federal Land Policy and Management Act of 1976 

8 (43 U.S.C. 1712), the Secretary shall convey to the State, 

9 subject to valid existing rights, for no consideration, all 

10 right, title, and interest of the United States in and to 

11 the parcels of land described in subsection (b) if the State 

12 and the County enter into a written agreement supporting 

13 the conveyance. 

14 (b) DESCRIPTION OF LAND.—The parcels of land re15 ferred to in subsection (a) are— 

16 (1) the approximately 6,281 acres of Bureau of 

17 Land Management land identified as ‘‘Steptoe Val18 ley Wildlife Management Area Expansion Proposal’’ 

19 on the map entitled ‘‘Ely, Nevada Area’’ and dated 

20 August 1, 2006; 

21 (2) the approximately 658 acres of Bureau of 

22 Land Management land identified as ‘‘Ward Char23 coal Ovens Expansion’’ on the map entitled ‘‘Ely, 

24 Nevada Area’’ and dated August 1, 2006; and 


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1 (3) the approximately øllll¿ acres of 

2 Forest Service and approximately øllll¿ acres 

3 of Bureau of Land Management land for expansion 

4 of Cave Lake State Park. 

5 (c) COSTS.—Any costs relating to a conveyance under 

6 subsection (a), including costs for surveys and other ad7 ministrative costs, shall be paid by the State. 

8 (d) USE OF LAND.— 

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

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

11 for— 

12 (A) the conservation of wildlife or natural 

13 resources; or 

14 (B) a public park. 

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

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

18 the uses described in paragraph (1). 

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

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

21 with the uses described in subsection (d), the parcel of 

22 land shall, at the discretion of the Secretary, revert to the 

23 United States. 


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1 SEC. 402. CONVEYANCE TO WHITE PINE COUNTY, NEVADA. 

2 (a) IN GENERAL.—Notwithstanding section 202 of 

3 the Federal Land Policy and Management Act of 1976 

4 (43 U.S.C. 1712), the Secretary shall convey to the Coun5 ty, without consideration, all right, title, and interest of 

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

7 in subsection (b). 

8 (b) DESCRIPTION OF LAND.—The parcels of land re9 ferred to in subsection (a) are— 

10 (1) not more than 1,500 acres of land to be 

11 used for the expansion of the White Pine County 

12 Airport; and 

13 (2) not more than 200 acres of land to be used 

14 for the expansion of the White Pine County Indus15 trial Park. 

16 (c) USE OF CERTAIN LAND FOR NONRESIDENTIAL

17 DEVELOPMENT.— 

18 (1) IN GENERAL.—After conveyance to the 

19 County of the land described in subsection (b), the 

20 County may sell, lease, or otherwise convey any por21 tion of the land conveyed for purposes of nonresiden22 tial development. 

23 (2) METHOD OF SALE.—The sale, lease, or con24 veyance of land under paragraph (1) shall be— 

25 (A) through a competitive bidding process; 

26 and 


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1 (B) for not less than fair market value. 

2 (3) DISPOSITION OF PROCEEDS.—The gross 

3 proceeds from the sale, lease, or conveyance of land 

4 under paragraph (1) shall be distributed in accord5 ance with section 102. 

6 (d) REVERSION.—If a parcel of land conveyed under 

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

8 with the use described for the parcel in paragraph (1) or 

9 (2) of subsection (b), the parcel of land shall, at the discre10 tion of the Secretary, revert to the United States. 

11 TITLE V—SILVER STATE OFF12 HIGHWAY VEHICLE TRAIL 

13 SEC. 501. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. 

14 (a) STUDY.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, the Secretary 

17 shall complete a study of routes for the Silver State 

18 Off-Highway Vehicle Trail (referred to in this sec19 tion as the ‘‘Trail’’). 

20 (2) PREFERRED ROUTE.—Based on the study 

21 conducted under paragraph (1), the Secretary, in 

22 consultation with the State, the County, and any in23 terested persons, shall identify the preferred route 

24 for the Trail. 

25 (b) DESIGNATION OF TRAIL.— 


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

2 not later than 90 days after the date on which the 

3 study is completed under subsection (a), the Sec4 retary shall designate the Trail. 

5 (2) LIMITATIONS.—The Secretary shall des6 ignate the Trail only if the Secretary— 

7 (A) determines that the route of the Trail 

8 would not have significant negative impacts on 

9 wildlife, natural, or cultural resources; and 

10 (B) ensures that the Trail designation— 

11 (i) is an effort to extend the Silver 

12 State Off-Highway Vehicle Trail des13 ignated under section 401(b) of the Lin14 coln County Conservation, Recreation, and 

15 Development Act of 2004 (16 U.S.C. 1244 

16 note; Public Law 108–424); and 

17 (ii) is limited to— 

18 (I) 1 route that generally runs in 

19 a north-south direction; and 

20 (II) 1 potential spur running 

21 west. 

22 (c) MANAGEMENT.— 

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

24 the Trail in a manner that— 


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1 (A) is consistent with any motorized and 

2 mechanized uses of the Trail that are author3 ized on the date of enactment of this Act under 

4 applicable Federal and State laws (including 

5 regulations); 

6 (B) ensures the safety of the individuals 

7 who use the Trail; and 

8 (C) does not damage sensitive wildlife 

9 habitat, natural, or cultural resources. 

10 (2) MANAGEMENT PLAN.— 

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

12 after the date of designation of the Trail, the 

13 Secretary, in consultation with the State, the 

14 County, and any other interested persons, shall 

15 complete a management plan for the Trail. 

16 (B) COMPONENTS.—The management plan 

17 shall— 

18 (i) describe the appropriate uses and 

19 management of the Trail; 

20 (ii) authorize the use of motorized and 

21 mechanized vehicles on the Trail; and 

22 (iii) describe actions carried out to pe23 riodically evaluate and manage the appro24 priate levels of use and location of the 

25 Trail to minimize environmental impacts 


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1 and prevent damage to cultural resources 

2 from the use of the Trail. 

3 (3) MONITORING AND EVALUATION.— 

4 (A) ANNUAL ASSESSMENT.—The Secretary 

5 shall annually assess— 

6 (i) the effects of the use of off-high7 way vehicles on the Trail to minimize envi8 ronmental impacts and prevent damage to 

9 cultural resources from the use of the 

10 Trail; and 

11 (ii) in consultation with the Nevada 

12 Department of Wildlife, the effects of the 

13 Trail on wildlife and wildlife habitat to 

14 minimize environmental impacts from the 

15 use of the Trail. 

16 (B) CLOSURE.—The Secretary, in con17 sultation with the State and the County and 

18 subject to subparagraph (C), may temporarily 

19 close or permanently reroute a portion of the 

20 Trail if the Secretary determines that— 

21 (i) the Trail is having an adverse im22 pact on— 

23 (I) wildlife habitats; 

24 (II) natural resources; or 

25 (III) cultural resources; 


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1 (ii) the Trail threatens public safety; 

2 (iii) closure of the Trail is necessary 

3 to repair damage to the Trail; or 

4 (iv) closure of the Trail is necessary 

5 to repair resource damage. 

6 (C) REROUTING.—Any portion of the Trail 

7 that is temporarily closed may be permanently 

8 rerouted along existing roads and trails on pub9 lic land open to motorized use if the Secretary 

10 determines that rerouting the portion of the 

11 Trail would not significantly increase or de12 crease the length of the Trail. 

13 (D) NOTICE.—The Secretary shall provide 

14 information to the public with respect to any 

15 routes on the Trail that are closed under sub16 paragraph (B), including through the provision 

17 of appropriate signage along the Trail. 

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

19 shall ensure that visitors to the Trail have access to 

20 adequate notice relating to the routes on the Trail 

21 that are open through— 

22 (A) the provision of appropriate signage 

23 along the Trail; and 

24 (B) the distribution of maps, safety edu25 cation materials, and any other information 


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1 that the Secretary determines to be appro2 priate. 

3 (d) NO EFFECT ON NON-FEDERAL LAND AND IN4 TERESTS IN LAND.—Nothing in this section affects the 

5 ownership or management of, or other rights relating to, 

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

7 TITLE VI—TRANSFER OF LAND 

8 TO BE HELD IN TRUST FOR 

9 THE ELY SHOSHONE TRIBE. 

10 SEC. 601. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

11 THE ELY SHOSHONE TRIBE. 

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

13 all right, title, and interest of the United States in and 

14 to the land described in subsection (b), including any im15 provements on, and appurtenances to, the land— 

16 (1) shall be held in trust by the United States 

17 for the benefit of the Ely Shoshone Tribe (referred 

18 to in this section as the ‘‘Tribe’’); and 

19 (2) shall be part of the reservation of the Tribe. 

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

21 subsection (a) consists of the 4 parcels of a total of ap22 proximately 3,536 acres of land that are identified on the 

23 Ely, Nevada Area map dated August 1, 2006, and the 

24 Northern White Pine County map dated August 1, 2006, 

25 as the ‘‘Ely Shoshone Tribe Reservation’’. 


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1 (c) SURVEY.—Not later than 180 days after the date 

2 of enactment of this Act, the Bureau of Land Manage3 ment shall complete a survey of the boundary lines to es4 tablish the boundaries of the trust land. 

5 (d) CONDITIONS.— 

6 (1) GAMING.—Land taken into trust under sub7 section (a) shall not be— 

8 (A) considered to have been taken into 

9 trust for gaming (as that term is used in the 

10 Indian Gaming Regulatory Act (25 U.S.C. 

11 2701 et seq.)); and 

12 (B) used for gaming. 

13 (2) TRUST LAND FOR CEREMONIAL USE.—With 

14 respect to the use of the land identified on the map 

15 as ‘‘Ely Shoshone Tribe Reservation Parcel #3’’, the 

16 Tribe— 

17 (A) shall limit the use of the surface of the 

18 land to traditional and customary uses and 

19 stewardship conservation for the benefit of the 

20 Tribe; and 

21 (B) shall not permit any permanent resi22 dential or recreational development on, or com23 mercial use of, the surface of the land, includ24 ing commercial development or gaming. 


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1 (3) THINNING; LANDSCAPE RESTORATION.— 

2 With respect to land taken into trust under sub3 section (a), the Forest Service and the Bureau of 

4 Land Management may, in consultation and coordi5 nation with the Tribe, carry out any thinning and 

6 other landscape restoration work on the trust land 

7 that is beneficial to the Tribe and the Forest Service 

8 or the Bureau of Land Management. 

9 TITLE VII—EASTERN NEVADA 

10 LANDSCAPE RESTORATION 

11 PROJECT. 

12 SEC. 701. FINDINGS; PURPOSES. 

13 (a) FINDINGS.—Congress finds that— 

14 (1) there is an increasing threat of wildfire in 

15 the Great Basin; 

16 (2) those wildfires— 

17 (A) endanger homes and communities; 

18 (B) damage or destroy watersheds and 

19 soils; and 

20 (C) pose a serious threat to the habitat of 

21 threatened and endangered species; 

22 (3) forest land and rangeland in the Great 

23 Basin are degraded as a direct consequence of land 

24 management practices (including practices to control 

25 and prevent wildfires) that disrupt the occurrence of 


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1 frequent low-intensity fires that have periodically re2 moved flammable undergrowth; and 

3 (4) rigorous, understandable, and applied sci4 entific information is needed in the Great Basin 

5 for— 

6 (A) the design, implementation, and adap7 tation of landscape-scale restoration treatments; 

8 and 

9 (B) the improvement of wildfire manage10 ment technology and practices. 

11 (b) PURPOSES.—The purposes of this title are to— 

12 (1) support the Great Basin Restoration Initia13 tive through the implementation of the Eastern Ne14 vada Landscape Restoration Project; and 

15 (2) ensure resilient and healthy ecosystems in 

16 the Great Basin by restoring native plant commu17 nities and natural mosaics on the landscape that 

18 function within the parameters of natural fire re19 gimes. 

20 SEC. 702. DEFINITIONS. 

21 In this title: 

22 (1) INITIATIVE.—The term ‘‘Initiative’’ means 

23 the Great Basin Restoration Initiative. 


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1 (2) PROJECT.—The term ‘‘Project’’ means the 

2 Eastern Nevada Landscape Restoration Project au3 thorized under section 703(a). 

4 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

5 means the Secretary of Agriculture and the Sec6 retary of the Interior. 

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

8 of Nevada. 

9 SEC. 703. RESTORATION PROJECT. 

10 (a) IN GENERAL.—In accordance with all applicable 

11 Federal laws, the Secretaries shall carry out the Eastern 

12 Nevada Landscape Restoration Project to— 

13 (1) implement the Initiative; and 

14 (2) restore native rangelands and native wood15 land (including riparian and aspen communities) in 

16 White Pine and Lincoln Counties in the State. 

17 (b) GRANTS; COOPERATIVE AGREEMENT.—In car18 rying out the Project— 

19 (1) the Secretaries may make grants to the 

20 Eastern Nevada Landscape Coalition and the Great 

21 Basin Institute for the study and restoration of 

22 rangeland and other land in the Great Basin— 

23 (A) to assist in— 

24 (i) reducing hazardous fuels; and 


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1 (ii) restoring native rangeland and 

2 woodland; and 

3 (B) for other related purposes; and 

4 (2) notwithstanding sections 6301 through 

5 6308, of title 31, United States Code, the Director 

6 of the Bureau of Land Management may enter into 

7 a cooperative agreement with the Eastern Nevada 

8 Landscape Coalition and the Great Basin Institute 

9 to provide for the conduct of scientific analyses, haz10 ardous fuels and mechanical treatments, and related 

11 work. 

12 (c) RESEARCH FACILITY.—The Secretaries may con13 duct a feasibility study on the potential establishment of 

14 an interagency science center, including a research facility 

15 and experimental rangeland in the eastern portion of the 

16 State. 

17 (d) FUNDING.—Section 4(e)(3)(A) of the Southern 

18 Nevada Public Land Management Act of 1998 (Public 

19 Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 118 Stat. 

20 2414) is amended— 

21 (1) by redesignating clause (viii) as clause (ix); 

22 and 

23 (2) by inserting after clause (vii) the following: 

24 ‘‘(viii) to carry out the Eastern Ne25 vada Landscape Restoration Project in 


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1 White Pine County, Nevada and Lincoln 

2 County, Nevada; and’’. 

3 TITLE VIII—AMENDMENTS TO 

4 THE SOUTHERN NEVADA PUB5 LIC LAND MANAGEMENT ACT 

6 OF 1998 

7 SEC. 801. FINDINGS. 

8 Section 2(a)(3) of the Southern Nevada Public Land 

9 Management Act of 1998 (Public Law 105–263; 112 Stat. 

10 2343) is amended by inserting ‘‘the Sloan Canyon Na11 tional Conservation Area,’’ before ‘‘and the Spring Moun12 tains’’. 

13 SEC. 802. DEFINITIONS. 

14 Section 3(6) of the Southern Nevada Public Land 

15 Management Act of 1998 (Public Law 105–263; 112 Stat. 

16 2344) is amended by inserting ‘‘the Clean Water Coali17 tion,’’ before ‘‘and the Clark County Sanitation District’’. 

18 SEC. 803. AVAILABILITY OF SPECIAL ACCOUNT. 

19 Section 4(e) of the Southern Nevada Public Land 

20 Management Act of 1998 (Public Law 105–263; 112 Stat. 

21 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414) 

22 is amended— 

23 (1) in paragraph (3)— 

24 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘may be expended’’ 

2 and inserting ‘‘shall be expended’’; 

3 (ii) in clause (iii), by inserting ‘‘and 

4 implementation’’ before ‘‘of a multispecies 

5 habitat’’; 

6 (iii) in clause (iv), by inserting 

7 ‘‘Washoe County (subject to paragraph 

8 (4)) and’’ before ‘‘Lincoln County’’; 

9 (iv) in clause (vii)— 

10 (I) by striking ‘‘for development’’ 

11 and inserting ‘‘development’’; and 

12 (II) by striking ‘‘and’’ at the end; 

13 (v) by redesignating clauses (viii) and 

14 (ix) (as amended by section 703(d)) as 

15 clauses (xii) and (xiii); 

16 (vi) by inserting after clause (vii) the 

17 following: 

18 ‘‘(viii) reimbursement of any costs in19 curred by the Bureau of Land Manage20 ment or any other Federal agency to clear 

21 and protect land that is— 

22 ‘‘(I) located in the disposal 

23 boundary described in subsection (a); 

24 and 


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1 ‘‘(II) designated for sale, lease, 

2 conveyance, or disposal; 

3 ‘‘(ix) development and implementation 

4 of a comprehensive, cost-effective, multi5 jurisdictional hazardous fuels reduction 

6 and wildfire prevention plan (including 

7 sustainable biomass and biofuels energy 

8 development and production activities) for 

9 the Lake Tahoe Basin (including the Car10 son Range in Douglas and Washoe Coun11 ties and Carson City in the State of Ne12 vada), and the Spring Mountains, in the 

13 State of Nevada, that are— 

14 ‘‘(I) subject to approval by the 

15 Secretary of Agriculture or Secretary 

16 of Interior, as appropriate; and 

17 ‘‘(II) not more than 10 years in 

18 duration; 

19 ‘‘(x) payments to a regional govern20 mental entity in Clark County, Nevada, for 

21 an established program to compensate pub22 lic institutions for the permanent removal 

23 of turf and other vegetation to expand 

24 water conservation; 


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1 ‘‘(xi) payments to a regional govern2 mental entity in Clark County, Nevada, for 

3 water quality improvements relating to the 

4 Las Vegas Wash, Las Vegas Bay, and 

5 Lake Mead through management of waste6 water effluent in the Las Vegas Valley 

7 known as the ‘Systems Conveyance and 

8 Operations Program’; and’’; 

9 (vii) in clause (xii) (as redesignated by 

10 clause (v)), striking ‘‘and’’ at the end; 

11 (viii) in clause (xiii) (as redesignated 

12 by clause (v))— 

13 (I) by inserting ‘‘or other Federal 

14 agencies’’ before ‘‘in arranging’’; and 

15 (II) by striking the period at the 

16 end and inserting ‘‘; and’’; and 

17 (ix) by adding at the end the fol18 lowing: 

19 ‘‘(xiv) development of any park ad20 ministered by the State of Nevada in Clark 

21 County.’’; and 

22 (B) by inserting after subparagraph (C) 

23 the following: 

24 ‘‘(D) TRANSFER REQUIREMENT.—Notwith25 standing any other provision of law— 


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1 ‘‘(i) for amounts that have been au2 thorized for expenditure under subpara3 graph (A)(iv) but not transferred as of the 

4 date of enactment of this subparagraph, 

5 the Secretary shall, not later than 60 days 

6 after a request for funds from the applica7 ble unit of local government or regional 

8 governmental entity, transfer to the appli9 cable unit of local government or regional 

10 governmental entity the amount authorized 

11 for the expenditure; and 

12 ‘‘(ii) for expenditures authorized 

13 under subparagraph (A)(iv) that are ap14 proved by the Secretary, the Secretary 

15 shall, not later than 60 days after a re16 quest for funds from the applicable unit of 

17 local government or regional governmental 

18 entity, transfer to the applicable unit of 

19 local government or regional governmental 

20 entity the amount approved for expendi21 ture.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(4) LIMITATION FOR WASHOE COUNTY.—Until 

24 December 31, 2011, Washoe County shall be eligible 

25 to nominate for expenditure amounts to acquire land 


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1 (not to exceed 250 acres) and develop 1 regional 

2 park and natural area.’’. 

3 SEC. 804. AFFORDABLE HOUSING. 

4 Section 7 of the Southern Nevada Public Land Man5 agement Act of 1998 (Public Law 105–263; 112 Stat. 

6 2349) is amended by striking subsection (b) and inserting 

7 the following: 

8 ‘‘(b) AFFORDABLE HOUSING.— 

9 ‘‘(1) DEFINITION OF AFFORDABLE HOUSING.— 

10 In this subsection, the term ‘affordable housing’ 

11 means housing that serves individuals or families 

12 with an income of not more than 120 percent of the 

13 median income, as determined by the Secretary of 

14 Housing and Urban Development. 

15 ‘‘(2) HOUSING.— 

16 ‘‘(A) IN GENERAL.—In accordance with 

17 section 203 of the Federal Land Policy and 

18 Management Act of 1976 (43 U.S.C. 1713), the 

19 Secretary shall make available for affordable 

20 housing purposes land in the State of Nevada— 

21 ‘‘(i) for less than fair market value; 

22 and 

23 ‘‘(ii) under any terms and conditions 

24 that the Secretary determines to be appro25 priate. 


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1 ‘‘(B) GUIDELINES.—Not later than 1 year 

2 after the date of enactment of this subsection, 

3 the Secretary shall publish or issue guidelines 

4 to carry out this paragraph. 

5 ‘‘(3) RESERVATION FOR AFFORDABLE HOUS6 ING.— 

7 ‘‘(A) IN GENERAL.—If any sale of land 

8 under section 4(a) involves more than 200 

9 acres, at least 5 percent of the total housing 

10 units on the land conveyed shall be developed 

11 for affordable housing. 

12 ‘‘(B) CITY AND COUNTY REQUIRE13 MENTS.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 120 days before the date of a sale of land 

16 described in subparagraph (A), the appli17 cable unit of local government shall publish 

18 rules for the implementation of the afford19 able housing to be developed on the land. 

20 ‘‘(ii) DISPERSAL OF HOUSING.—The 

21 applicable unit of local government shall, 

22 to the maximum extent practicable, en23 courage mixed income development when 

24 publishing rules under clause (i) through25 out each housing project. 


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1 ‘‘(4) ENFORCEMENT.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), from the date on which a transfer 

4 of land is complete under section 4(a), the Sec5 retary of Housing and Urban Development 

6 shall enforce each requirement of this section. 

7 ‘‘(B) ALTERNATIVE ENFORCEMENT AR8 RANGEMENT.—The Secretary of Housing and 

9 Urban Development and the applicable unit of 

10 local government may agree to an alternative 

11 enforcement arrangement.’’. 

12 TITLE IX—GREAT BASIN 

13 HERITAGE ROUTE 

14 SEC. 901. SHORT TITLE. 

15 This title may be cited as the ‘‘Great Basin National 

16 Heritage Route Act’’. 

17 SEC. 902. FINDINGS AND PURPOSES. 

18 (a) FINDINGS.—Congress finds that— 

19 (1) the natural, cultural, and historic heritage 

20 of the North American Great Basin is nationally sig21 nificant; 

22 (2) communities along the Great Basin Herit23 age Route (including the towns of Delta, Utah, Ely, 

24 Nevada, and the surrounding communities) are lo25 cated in a classic western landscape that contains 


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1 long natural vistas, isolated high desert valleys, 

2 mountain ranges, ranches, mines, historic railroads, 

3 archaeological sites, and tribal communities; 

4 (3) the Native American, pioneer, ranching, 

5 mining, timber, and railroad heritages associated 

6 with the Great Basin Heritage Route include the so7 cial history and living cultural traditions of a rich di8 versity of nationalities; 

9 (4) the pioneer, Mormon, and other religious 

10 settlements, and ranching, timber, and mining ac11 tivities of the region played and continue to play a 

12 significant role in the development of the United 

13 States, shaped by— 

14 (A) the unique geography of the Great 

15 Basin; 

16 (B) an influx of people of Greek, Chinese, 

17 Basque, Serb, Croat, Italian, and Hispanic de18 scent; and 

19 (C) a Native American presence (Western 

20 Shoshone, Northern and Southern Paiute, and 

21 Goshute) that continues in the Great Basin 

22 today; 

23 (5) the Great Basin housed internment camps 

24 for Japanese-American citizens during World War 


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1 II, 1 of which, Topaz, was located along the Herit2 age Route; 

3 (6) the pioneer heritage of the Heritage Route 

4 includes the Pony Express route and stations, the 

5 Overland Stage, and many examples of 19th century 

6 exploration of the western United States; 

7 (7) the Native American heritage of the Herit8 age Route dates back thousands of years and in9 cludes— 

10 (A) archaeological sites; 

11 (B) petroglyphs and pictographs; 

12 (C) the westernmost village of the Fremont 

13 culture; and 

14 (D) communities of Western Shoshone, 

15 Paiute, and Goshute tribes; 

16 (8) the Heritage Route contains multiple bio17 logically diverse ecological communities that are 

18 home to exceptional species such as— 

19 (A) bristlecone pines, the oldest living trees 

20 in the world; 

21 (B) wildlife adapted to harsh desert condi22 tions; 

23 (C) unique plant communities, lakes, and 

24 streams; and 

25 (D) native Bonneville cutthroat trout; 


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1 (9) the air and water quality of the Heritage 

2 Route is among the best in the United States, and 

3 the clear air permits outstanding viewing of the 

4 night skies; 

5 (10) the Heritage Route includes unique and 

6 outstanding geologic features such as numerous 

7 limestone caves, classic basin and range topography 

8 with playa lakes, alluvial fans, volcanics, cold and 

9 hot springs, and recognizable features of ancient 

10 Lake Bonneville; 

11 (11) the Heritage Route includes an unusual 

12 variety of open space and recreational and edu13 cational opportunities because of the great quantity 

14 of ranching activity and public land (including city, 

15 county, and State parks, national forests, Bureau of 

16 Land Management land, and a national park); 

17 (12) there are significant archaeological, histor18 ical, cultural, natural, scenic, and recreational re19 sources in the Great Basin to merit the involvement 

20 of the Federal Government in the development, in 

21 cooperation with the Great Basin Heritage Route 

22 Partnership and other local and governmental enti23 ties, of programs and projects to— 


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1 (A) adequately conserve, protect, and in2 terpret the heritage of the Great Basin for 

3 present and future generations; and 

4 (B) provide opportunities in the Great 

5 Basin for education; and 

6 (13) the Great Basin Heritage Route Partner7 ship shall serve as the local coordinating entity for 

8 a Heritage Route established in the Great Basin. 

9 (b) PURPOSES.—The purposes of this title are— 

10 (1) to foster a close working relationship with 

11 all levels of government, the private sector, and the 

12 local communities within White Pine County, Ne13 vada, Millard County, Utah, and the Duckwater 

14 Shoshone Reservation; 

15 (2) to enable communities referred to in para16 graph (1) to conserve their heritage while continuing 

17 to develop economic opportunities; and 

18 (3) to conserve, interpret, and develop the ar19 chaeological, historical, cultural, natural, scenic, and 

20 recreational resources related to the unique ranch21 ing, industrial, and cultural heritage of the Great 

22 Basin, in a manner that promotes multiple uses per23 mitted as of the date of enactment of this Act, with24 out managing or regulating land use. 


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1 SEC. 903. DEFINITIONS. 

2 In this title: 

3 (1) GREAT BASIN.—The term ‘‘Great Basin’’ 

4 means the North American Great Basin. 

5 (2) HERITAGE ROUTE.—The term ‘‘Heritage 

6 Route’’ means the Great Basin National Heritage 

7 Route established by section 904(a). 

8 (3) LOCAL COORDINATING ENTITY.—The term 

9 ‘‘local coordinating entity’’ means the Great Basin 

10 Heritage Route Partnership established by section 

11 904(c). 

12 (4) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan developed by the local 

14 coordinating entity under section 906(a). 

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

16 the Secretary of the Interior, acting through the Di17 rector of the National Park Service. 

18 SEC. 904. GREAT BASIN NATIONAL HERITAGE ROUTE. 

19 (a) ESTABLISHMENT.—There is established the 

20 Great Basin National Heritage Route to provide the public 

21 with access to certain historical, cultural, natural, scenic, 

22 and recreational resources in White Pine County, Nevada, 

23 Millard County, Utah, and the Duckwater Shoshone Res24 ervation in the State of Nevada, as designated by the local 

25 coordinating entity. 


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1 (b) BOUNDARIES.—The local coordinating entity 

2 shall determine the specific boundaries of the Heritage 

3 Route. 

4 (c) LOCAL COORDINATING ENTITY.— 

5 (1) IN GENERAL.—The Great Basin Heritage 

6 Route Partnership shall serve as the local coordi7 nating entity for the Heritage Route. 

8 (2) BOARD OF DIRECTORS.—The Great Basin 

9 Heritage Route Partnership shall be governed by a 

10 board of directors that consists of— 

11 (A) 4 members who are appointed by the 

12 Board of County Commissioners for Millard 

13 County, Utah; 

14 (B) 4 members who are appointed by the 

15 Board of County Commissioners for White Pine 

16 County, Nevada; and 

17 (C) a representative appointed by each Na18 tive American Tribe participating in the Herit19 age Route. 

20 SEC. 905. MEMORANDUM OF UNDERSTANDING. 

21 (a) IN GENERAL.—In carrying out this title, the Sec22 retary, in consultation with the Governors of the States 

23 of Nevada and Utah and the tribal government of each 

24 Indian tribe participating in the Heritage Route, shall 


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1 enter into a memorandum of understanding with the local 

2 coordinating entity. 

3 (b) INCLUSIONS.—The memorandum of under4 standing shall include information relating to the objec5 tives and management of the Heritage Route, including— 

6 (1) a description of the resources of the Herit7 age Route; 

8 (2) a discussion of the goals and objectives of 

9 the Heritage Route, including— 

10 (A) an explanation of the proposed ap11 proach to conservation, development, and inter12 pretation; and 

13 (B) a general outline of the anticipated 

14 protection and development measures; 

15 (3) a description of the local coordinating enti16 ty; 

17 (4) a list and statement of the financial com18 mitment of the initial partners to be involved in de19 veloping and implementing the management plan; 

20 and 

21 (5) a description of the role of the States of Ne22 vada and Utah in the management of the Heritage 

23 Route. 


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1 (c) ADDITIONAL REQUIREMENTS.—In developing the 

2 terms of the memorandum of understanding, the Sec3 retary and the local coordinating entity shall— 

4 (1) provide opportunities for local participation; 

5 and 

6 (2) include terms that ensure, to the maximum 

7 extent practicable, timely implementation of all as8 pects of the memorandum of understanding. 

9 (d) AMENDMENTS.— 

10 (1) IN GENERAL.—The Secretary shall review 

11 any amendments of the memorandum of under12 standing proposed by the local coordinating entity or 

13 the Governor of the State of Nevada or Utah. 

14 (2) USE OF FUNDS.—Funds made available 

15 under this title shall not be expended to implement 

16 a change made by a proposed amendment described 

17 in paragraph (1) until the Secretary approves the 

18 amendment. 

19 SEC. 906. MANAGEMENT PLAN. 

20 (a) IN GENERAL.—Not later than 3 years after the 

21 date on which funds are made available to carry out this 

22 title, the local coordinating entity shall develop and submit 

23 to the Secretary for approval a management plan for the 

24 Heritage Route that— 

25 (1) specifies— 


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1 (A) any resources designated by the local 

2 coordinating entity under section 904(a); and 

3 (B) the specific boundaries of the Heritage 

4 Route, as determined under section 904(b); and 

5 (2) presents clear and comprehensive rec6 ommendations for the conservation, funding, man7 agement, and development of the Heritage Route. 

8 (b) CONSIDERATIONS.—In developing the manage9 ment plan, the local coordinating entity shall— 

10 (1) provide for the participation of local resi11 dents, public agencies, and private organizations lo12 cated within the counties of Millard County, Utah, 

13 White Pine County, Nevada, and the Duckwater 

14 Shoshone Reservation in the protection and develop15 ment of resources of the Heritage Route, taking into 

16 consideration State, tribal, county, and local land 

17 use plans in existence on the date of enactment of 

18 this Act; 

19 (2) identify sources of funding; 

20 (3) include— 

21 (A) a program for implementation of the 

22 management plan by the local coordinating en23 tity, including— 


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1 (i) plans for restoration, stabilization, 

2 rehabilitation, and construction of public 

3 or tribal property; and 

4 (ii) specific commitments by the iden5 tified partners referred to in section 

6 905(b)(4) for the first 5 years of oper7 ation; and 

8 (B) an interpretation plan for the Heritage 

9 Route; and 

10 (4) develop a management plan that will not in11 fringe on private property rights without the consent 

12 of the owner of the private property. 

13 (c) FAILURE TO SUBMIT.—If the local coordinating 

14 entity fails to submit a management plan to the Secretary 

15 in accordance with subsection (a), the Heritage Route 

16 shall no longer qualify for Federal funding. 

17 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

18 PLAN.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 receipt of a management plan under subsection (a), 

21 the Secretary, in consultation with the Governors of 

22 the States of Nevada and Utah, shall approve or dis23 approve the management plan. 


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1 (2) CRITERIA.—In determining whether to ap2 prove a management plan, the Secretary shall con3 sider whether the management plan— 

4 (A) has strong local support from a diver5 sity of landowners, business interests, nonprofit 

6 organizations, and governments associated with 

7 the Heritage Route; 

8 (B) is consistent with and complements 

9 continued economic activity along the Heritage 

10 Route; 

11 (C) has a high potential for effective part12 nership mechanisms; 

13 (D) avoids infringing on private property 

14 rights; and 

15 (E) provides methods to take appropriate 

16 action to ensure that private property rights are 

17 observed. 

18 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

19 Secretary disapproves a management plan under 

20 paragraph (1), the Secretary shall— 

21 (A) advise the local coordinating entity in 

22 writing of the reasons for the disapproval; 

23 (B) make recommendations for revisions to 

24 the management plan; and 


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1 (C) not later than 90 days after the receipt 

2 of any proposed revision of the management 

3 plan from the local coordinating entity, approve 

4 or disapprove the proposed revision. 

5 (e) IMPLEMENTATION.—On approval of the manage6 ment plan as provided in subsection (d)(1), the local co7 ordinating entity, in conjunction with the Secretary, shall 

8 take appropriate steps to implement the management 

9 plan. 

10 (f) AMENDMENTS.— 

11 (1) IN GENERAL.—The Secretary shall review 

12 each amendment to the management plan that the 

13 Secretary determines may make a substantial 

14 change to the management plan. 

15 (2) USE OF FUNDS.—Funds made available 

16 under this title shall not be expended to implement 

17 an amendment described in paragraph (1) until the 

18 Secretary approves the amendment. 

19 SEC. 907. AUTHORITY AND DUTIES OF LOCAL COORDI20 NATING ENTITY. 

21 (a) AUTHORITIES.—The local coordinating entity 

22 may, for purposes of preparing and implementing the 

23 management plan, use funds made available under this 

24 title to— 


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1 (1) make grants to, and enter into cooperative 

2 agreements with, a State (including a political sub3 division), an Indian tribe, a private organization, or 

4 any person; and 

5 (2) hire and compensate staff. 

6 (b) DUTIES.—In addition to developing the manage7 ment plan, the local coordinating entity shall— 

8 (1) give priority to implementing the memo9 randum of understanding and the management plan, 

10 including taking steps to— 

11 (A) assist units of government, regional 

12 planning organizations, and nonprofit organiza13 tions in— 

14 (i) establishing and maintaining inter15 pretive exhibits along the Heritage Route; 

16 (ii) developing recreational resources 

17 along the Heritage Route; 

18 (iii) increasing public awareness of 

19 and appreciation for the archaeological, 

20 historical, cultural, natural, scenic, and 

21 recreational resources and sites along the 

22 Heritage Route; and 

23 (iv) if requested by the owner, restor24 ing, stabilizing, or rehabilitating any priVerDate Aug 31 2005 23:08 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S3772.IS S3772

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1 vate, public, or tribal historical building re2 lating to the themes of the Heritage Route; 

3 (B) encourage economic viability and diver4 sity along the Heritage Route in accordance 

5 with the objectives of the management plan; 

6 and 

7 (C) encourage the installation of clear, 

8 consistent, and environmentally appropriate 

9 signage identifying access points and sites of in10 terest along the Heritage Route; 

11 (2) consider the interests of diverse govern12 mental, business, and nonprofit groups associated 

13 with the Heritage Route; 

14 (3) conduct public meetings in the region of the 

15 Heritage Route at least semiannually regarding the 

16 implementation of the management plan; 

17 (4) submit substantial amendments (including 

18 any increase of more than 20 percent in the cost es19 timates for implementation) to the management plan 

20 to the Secretary for approval by the Secretary; and 

21 (5) for any year for which Federal funds are re22 ceived under this title— 

23 (A) submit to the Secretary a report that 

24 describes, for the year— 


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1 (i) the accomplishments of the local 

2 coordinating entity; 

3 (ii) the expenses and income of the 

4 local coordinating entity; and 

5 (iii) each entity to which any loan or 

6 grant was made; 

7 (B) make available for audit all records 

8 pertaining to the expenditure of the funds and 

9 any matching funds; and 

10 (C) require, for all agreements authorizing 

11 the expenditure of Federal funds by any entity, 

12 that the receiving entity make available for 

13 audit all records pertaining to the expenditure 

14 of the funds. 

15 (c) PROHIBITION ON THE ACQUISITION OF REAL

16 PROPERTY.—The local coordinating entity shall not use 

17 Federal funds made available under this title to acquire 

18 real property or any interest in real property. 

19 (d) PROHIBITION ON THE REGULATION OF LAND

20 USE.—The local coordinating entity shall not regulate 

21 land use within the Heritage Route. 

22 SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGEN23 CIES. 

24 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 


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1 (1) IN GENERAL.—The Secretary may, on re2 quest of the local coordinating entity, provide tech3 nical and financial assistance to develop and imple4 ment the management plan and memorandum of un5 derstanding. 

6 (2) PRIORITY FOR ASSISTANCE.—In providing 

7 assistance under paragraph (1), the Secretary shall, 

8 on request of the local coordinating entity, give pri9 ority to actions that assist in— 

10 (A) conserving the significant archae11 ological, historical, cultural, natural, scenic, and 

12 recreational resources of the Heritage Route; 

13 and 

14 (B) providing education, interpretive, and 

15 recreational opportunities, and other uses con16 sistent with those resources. 

17 (b) APPLICATION OF FEDERAL LAW.—The establish18 ment of the Heritage Route shall have no effect on the 

19 application of any Federal law to any property within the 

20 Heritage Route. 

21 SEC. 909. LAND USE REGULATION; APPLICABILITY OF FED22 ERAL LAW. 

23 (a) LAND USE REGULATION.—Nothing in this title— 

24 (1) modifies, enlarges, or diminishes any au25 thority of the Federal, State, tribal, or local governVerDate Aug 31 2005 23:08 Aug 04, 2006 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S3772.IS S3772

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1 ment to regulate by law (including by regulation) 

2 any use of land; or 

3 (2) grants any power of zoning or land use to 

4 the local coordinating entity. 

5 (b) APPLICABILITY OF FEDERAL LAW.—Nothing in 

6 this title— 

7 (1) imposes on the Heritage Route, as a result 

8 of the designation of the Heritage Route, any regu9 lation that is not applicable to the area within the 

10 Heritage Route as of the date of enactment of this 

11 Act; or 

12 (2) authorizes any agency to promulgate a reg13 ulation that applies to the Heritage Route solely as 

14 a result of the designation of the Heritage Route 

15 under this title. 

16 SEC. 910. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to carry out this title $10,000,000, of which not 

19 more than $1,000,000 may be made available for any fis20 cal year. 

21 (b) COST SHARING.— 

22 (1) FEDERAL SHARE.—The Federal share of 

23 the cost of any activity assisted under this title shall 

24 not exceed 50 percent. 


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1 (2) FORM OF NON-FEDERAL SHARE.—The non2 Federal share may be in the form of in-kind con3 tributions, donations, grants, and loans from individ4 uals and State or local governments or agencies. 

5 SEC. 911. TERMINATION OF AUTHORITY. 

6 The authority of the Secretary to provide assistance 

7 under this title terminates on the date that is 15 years 

8 after the date of enactment of this Act. 

Æ 


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