II 

114TH CONGRESS 

1ST SESSION S. 472 

To promote conservation, improve public land, and provide for sensible 

development in Douglas County, Nevada, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2015 

Mr. HELLER (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 promote conservation, improve public land, and provide 

for sensible development in Douglas County, Nevada, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Douglas County Conservation Act of 2015’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—LAND CONVEYANCES AND SALES 


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Sec. 101. Conveyance to State of Nevada. 

Sec. 102. Concessionaires at Round Hill Pines Management Area and Zephyr 

Shoals Management Area. 

Sec. 103. Conveyance to Douglas County, Nevada. 

Sec. 104. Sale of certain Federal land. 

TITLE II—TRIBAL CULTURAL RESOURCES 

Sec. 201. Transfer of land to be held in trust for Tribe. 

Sec. 202. Cooperative management agreement. 

TITLE III—RESOLUTION OF BURBANK CANYONS WILDERNESS 

STUDY AREA 

Sec. 301. Addition to National Wilderness Preservation System. 

Sec. 302. Administration. 

Sec. 303. Fish and wildlife management. 

Sec. 304. Release of wilderness study area. 

Sec. 305. Native American cultural and religious uses. 

TITLE IV—TRANSFER OF ADMINISTRATIVE JURISDICTION OVER 

FOREST SERVICE LAND 

Sec. 401. Authority of Forest Service to transfer administrative jurisdiction to 

State or County for public purposes. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Douglas County, Nevada. 

5 (2) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘Proposed Douglas County Land Convey7 ances’’ and dated January 27, 2015. 

8 (3) PUBLIC LAND.—The term ‘‘public land’’ 

9 has the meaning given the term ‘‘public lands’’ in 

10 section 103 of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1702). 

12 (4) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means— 


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1 (A) with respect to National Forest Sys2 tem land, the Secretary of Agriculture (acting 

3 through the Chief of the Forest Service); and 

4 (B) with respect to land managed by the 

5 Bureau of Land Management, including land 

6 held for the benefit of the Tribe, the Secretary 

7 of the Interior. 

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

9 of Nevada. 

10 (6) TRIBE.—The term ‘‘Tribe’’ means the 

11 Washoe Tribe of Nevada and California. 

12 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

13 means the Burbank Canyons Wilderness designated 

14 by section 301(a). 

15 TITLE I—LAND CONVEYANCES 

16 AND SALES 

17 SEC. 101. CONVEYANCE TO STATE OF NEVADA. 

18 (a) CONVEYANCE.—Subject to valid existing rights 

19 and notwithstanding the land use planning requirements 

20 of section 202 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1712), the Secretary con22 cerned shall convey to the State without consideration all 

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

24 the land described in subsection (b). 


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

2 subsection (a) is the approximately 67 acres of Forest 

3 Service land generally depicted as ‘‘Lake Tahoe-Nevada 

4 State Park’’ on the Map. 

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

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

7 administrative costs, shall be paid by the State. 

8 (d) USE OF LAND.— 

9 (1) IN GENERAL.—Any land conveyed to the 

10 State under subsection (a) shall be used only for— 

11 (A) the conservation of wildlife or natural 

12 resources; or 

13 (B) a public park. 

14 (2) FACILITIES.—Any facility on the land con15 veyed under subsection (a) shall be constructed and 

16 managed in a manner consistent with the uses de17 scribed in paragraph (1). 

18 (e) REVERSION.—If any portion of the land conveyed 

19 under subsection (a) is used in a manner that is incon20 sistent with the uses described in subsection (d), the land 

21 shall, at the discretion of the Secretary concerned, revert 

22 to the United States. 


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1 SEC. 102. CONCESSIONAIRES AT ROUND HILL PINES MAN2 AGEMENT AREA AND ZEPHYR SHOALS MAN3 AGEMENT AREA. 

4 (a) PROSPECTUS.—Subject to subsection (b), not 

5 later than 60 days after the date of enactment of this Act, 

6 the Secretary of Agriculture shall make publicly available 

7 a prospectus to solicit 1 or more concessionaires for— 

8 (1) the approximately 125 acres of land gen9 erally depicted as ‘‘Round Hill Pines Resort’’ on the 

10 Map; and 

11 (2) the approximately 448 acres of land gen12 erally depicted as ‘‘Zephyr Shoals’’ on the Map. 

13 (b) EXCLUSIONS.— 

14 (1) SPECIAL USE PERMITS.—This section shall 

15 not apply to any land or portion of land described 

16 in subsection (a) for which a concessionaire has a 

17 contract to operate under a special use permit issued 

18 before the date of enactment of this Act. 

19 (2) PRIOR PROSPECTUSES.—This section shall 

20 not apply to any land or portion of land described 

21 in subsection (a) for which the Secretary of Agri22 culture has made publicly available before the date 

23 of enactment of this Act a prospectus for the land 

24 or portion of the land. 


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1 (c) CONSULTATION.—In carrying out this section, the 

2 Secretary of Agriculture shall consult with the State, 

3 County, Tribe, and other interested parties— 

4 (1) to satisfy any requirement under section 

5 102 of the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4332); and 

7 (2) to prepare for the orderly and smooth tran8 sition of the operation of the land described in sub9 section (a) to 1 or more concessionaires. 

10 (d) TREATMENT OF PROCEEDS.—Any fees received 

11 under a concession contract under this section shall re12 main available to the Forest Service, until expended, with13 out further appropriations, for use within the Lake Tahoe 

14 Basin Management Unit under the authorities provided 

15 by section 2(d) of Public Law 96–586 (94 Stat. 3382) 

16 (commonly known as the ‘‘Santini-Burton Act’’). 

17 (e) TRANSFER OF ADMINISTRATIVE JURISDIC18 TION.— 

19 (1) IN GENERAL.—If the Secretary of Agri20 culture has not entered into a concession contract 

21 for the land described in subsection (a) by the date 

22 that is 2 years after the date on which the pro23 spectus is published under that subsection, con24 sistent with section 3(a) of Public Law 96–586 (94 

25 Stat. 3383) (commonly known as the ‘‘Santini-BurVerDate Sep 11 2014 00:22 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S472.IS S472

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1 ton Act’’), the Secretary of Agriculture shall transfer 

2 to the County, without consideration, administrative 

3 jurisdiction over the land for a period of 99 years. 

4 (2) EXCEPTION.—If the Secretary of Agri5 culture has taken steps to enter into a concession 

6 contract for the land described in subsection (a), in7 cluding substantial completion of any requirement 

8 under section 102 of the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4332), the transfer 

10 of administrative jurisdiction under paragraph (1) 

11 shall not take place unless the Secretary of Agri12 culture has not entered into a concession contract by 

13 the date that is 30 months after the date on which 

14 the prospectus is published under subsection (a). 

15 (3) COSTS.—Any costs relating to a transfer 

16 under paragraph (1), including any costs for surveys 

17 and other administrative costs, shall be paid by the 

18 County. 

19 (4) USE OF LAND.—Any land transferred to the 

20 County under paragraph (1) shall— 

21 (A) be managed by the County— 

22 (i) to maintain undeveloped open 

23 space; 

24 (ii) to preserve the natural character25 istics of the land in perpetuity; and 


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1 (iii) to protect and enhance water 

2 quality, stream environment zones, and im3 portant wildlife habitat; and 

4 (B) be used for public purposes consistent 

5 with the Act of June 14, 1926 (commonly 

6 known as the ‘‘Recreation and Public Purposes 

7 Act’’) (43 U.S.C. 869 et seq.). 

8 (5) REVERSION.—If any land or portion of land 

9 transferred under this section is used in a manner 

10 that is inconsistent with this section, the land shall, 

11 at the discretion of the Secretary of Agriculture, re12 vert to the United States. 

13 SEC. 103. CONVEYANCE TO DOUGLAS COUNTY, NEVADA. 

14 (a) DEFINITION OF FEDERAL LAND.—In this sec15 tion, the term ‘‘Federal land’’ means the approximately 

16 7,990 acres of Federal land located in the County that 

17 is identified as ‘‘Douglas County Conveyances’’ on the 

18 Map. 

19 (b) AUTHORIZATION OF CONVEYANCE.—Subject to 

20 valid existing rights and notwithstanding the land use 

21 planning requirements of section 202 of the Federal Land 

22 Policy and Management Act of 1976 (43 U.S.C. 1712), 

23 not later than 180 days after the date on which the Sec24 retary concerned receives a request from the County for 

25 the conveyance of the Federal land, the Secretary conVerDate Sep 11 2014 00:22 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S472.IS S472

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1 cerned shall convey to the County, without consideration, 

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

3 to the Federal land. 

4 (c) COSTS.—Any costs relating to the conveyance au5 thorized under subsection (b), including any costs for sur6 veys and other administrative costs, shall be paid by the 

7 County. 

8 (d) USE OF FEDERAL LAND.— 

9 (1) IN GENERAL.—The Federal land conveyed 

10 under subsection (b)— 

11 (A) may be used by the County for flood 

12 control or any other public purpose consistent 

13 with the Act of June 14, 1926 (commonly 

14 known as the ‘‘Recreation and Public Purposes 

15 Act’’) (43 U.S.C. 869 et seq.); and 

16 (B) shall not be disposed of by the County. 

17 (2) REVERSION.—If the Federal land conveyed 

18 under subsection (b) is used in a manner incon19 sistent with paragraph (1), the Federal land shall, at 

20 the discretion of the Secretary concerned, revert to 

21 the United States. 

22 (e) ACQUISITION OF FEDERAL REVERSIONARY IN23 TEREST.— 

24 (1) REQUEST.—After the date of conveyance of 

25 Federal land under subsection (b) that is obtained 


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1 for public purposes in accordance with the Act of 

2 June 14, 1926 (commonly known as the ‘‘Recreation 

3 and Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

4 the County may submit to the Secretary concerned 

5 a request to acquire the Federal reversionary inter6 est in all or any portion of the Federal land. 

7 (2) APPRAISAL.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the date of receipt of a request under 

10 paragraph (1), the Secretary concerned shall 

11 complete an appraisal of the Federal rever12 sionary interest in the Federal land requested 

13 by the County. 

14 (B) REQUIREMENT.—The appraisal under 

15 subparagraph (A) shall be completed in accord16 ance with— 

17 (i) the Uniform Appraisal Standards 

18 for Federal Land Acquisitions; and 

19 (ii) the Uniform Standards of Profes20 sional Appraisal Practice. 

21 (3) CONVEYANCE REQUIRED.— 

22 (A) IN GENERAL.—If, by the date that is 

23 1 year after the date of completion of the ap24 praisal under paragraph (2), the County sub25 mits to the Secretary concerned an offer to acVerDate Sep 11 2014 00:22 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S472.IS S472

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1 quire the Federal reversionary interest re2 quested under paragraph (1), the Secretary 

3 concerned, by not later than the date that is 30 

4 days after the date on which the offer is sub5 mitted, shall convey to the County that rever6 sionary interest. 

7 (B) CONSIDERATION.—As consideration 

8 for the conveyance of the Federal reversionary 

9 interest under subparagraph (A), the County 

10 shall pay to the Secretary concerned an amount 

11 equal to the appraised value of the Federal re12 versionary interest, as determined under para13 graph (2). 

14 (C) COSTS OF CONVEYANCE.—Any costs 

15 relating to the conveyance under subparagraph 

16 (A), including any costs for surveys and other 

17 administrative costs, shall be paid by the Sec18 retary concerned. 

19 (4) DISPOSITION OF PROCEEDS.—Any amounts 

20 collected under this subsection shall be disposed of 

21 in accordance with section 104(i). 

22 SEC. 104. SALE OF CERTAIN FEDERAL LAND. 

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

24 203 of the Federal Land Policy and Management Act of 

25 1976 (43 U.S.C. 1712, 1713), the Secretary concerned 


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1 shall, in accordance with the other provisions of that Act 

2 and any other applicable law, and subject to valid existing 

3 rights, conduct 1 or more sales of the Federal land de4 scribed in subsection (b) to qualified bidders. 

5 (b) DESCRIPTION OF LAND.—The Federal land re6 ferred to in subsection (a) consists of— 

7 (1) the approximately 616 acres of public land 

8 generally depicted as ‘‘Lands for Disposal’’ on the 

9 Map; and 

10 (2) not more than 10,000 acres of land in the 

11 County that— 

12 (A) is not segregated or withdrawn on or 

13 after the date of enactment of this Act, unless 

14 the land is withdrawn in accordance with sub15 section (g); and 

16 (B) is identified for disposal by the Sec17 retary concerned through— 

18 (i) the Carson City Consolidated Re19 source Management Plan; or 

20 (ii) any subsequent amendment to the 

21 management plan that is undertaken with 

22 full public involvement. 

23 (c) JOINT SELECTION REQUIRED.—The Secretary 

24 concerned and the County shall jointly select which parcels 


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1 of the Federal land described in subsection (b)(2) to offer 

2 for sale under subsection (a). 

3 (d) COMPLIANCE WITH LOCAL PLANNING AND ZON4 ING LAWS.—Before carrying out a sale of Federal land 

5 under subsection (a), the County shall submit to the Sec6 retary concerned a certification that qualified bidders have 

7 agreed to comply with— 

8 (1) County zoning ordinances; and 

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

10 the County. 

11 (e) METHOD OF SALE; CONSIDERATION.—The sale 

12 of Federal land under subsection (a) shall be— 

13 (1) through a competitive bidding process, un14 less otherwise determined by the Secretary con15 cerned; and 

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

17 (f) RECREATION AND PUBLIC PURPOSES ACT CON18 VEYANCES.— 

19 (1) IN GENERAL.—Not later than 30 days be20 fore any land described in subsection (b) is offered 

21 for sale under subsection (a), the State or County 

22 may elect to obtain the land for public purposes in 

23 accordance with the Act of June 14, 1926 (com24 monly known as the ‘‘Recreation and Public Pur25 poses Act’’) (43 U.S.C. 869 et seq.). 


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1 (2) RETENTION.—Pursuant to an election made 

2 under paragraph (1), the Secretary concerned shall 

3 retain the elected land for conveyance to the State 

4 or County in accordance with the Act of June 14, 

5 1926 (commonly known as the ‘‘Recreation and 

6 Public Purposes Act’’) (43 U.S.C. 869 et seq.). 

7 (g) WITHDRAWAL.— 

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

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

10 Federal land described in subsection (b) is with11 drawn from— 

12 (A) all forms of entry, appropriation, or 

13 disposal under the public land laws; 

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

15 mining laws; and 

16 (C) disposition under all laws relating to 

17 mineral and geothermal leasing or mineral ma18 terials. 

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

20 apply to a sale made consistent with this section or 

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

22 land described in subsection (b) for public purposes 

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

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

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


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1 (h) DEADLINE FOR SALE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), not later than 1 year after the date of en4 actment of this Act, if there is a qualified bidder for 

5 the land described in subsection (b), the Secretary 

6 concerned shall offer the land for sale to the quali7 fied bidder. 

8 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

9 At the request of the County, the Secretary con10 cerned may temporarily postpone or exclude from 

11 the sale under paragraph (1) all or a portion of the 

12 land described in subsection (b). 

13 (i) DISPOSITION OF PROCEEDS.—Of the proceeds 

14 from the sale of land under this section— 

15 (1) 5 percent shall be disbursed to the State for 

16 use by the State for general education programs of 

17 the State; 

18 (2) 10 percent shall be disbursed to the County 

19 for use by the County to implement the County 

20 Open Space and Agricultural Implementation Plan; 

21 and 

22 (3) 85 percent shall be deposited in a special 

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

24 known as the ‘‘Douglas County Special Account’’, 


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1 which shall be available to the Secretary concerned 

2 until expended, without further appropriation— 

3 (A) to reimburse costs incurred by the Sec4 retary concerned in preparing for the sale of 

5 the land described in subsection (b), includ6 ing— 

7 (i) the costs of surveys and appraisals; 

8 and 

9 (ii) the costs of compliance with the 

10 National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) and sec12 tions 202 and 203 of the Federal Land 

13 Policy and Management Act of 1976 (43 

14 U.S.C. 1712, 1713); 

15 (B) to reimburse costs incurred by the Bu16 reau of Land Management and the Forest Serv17 ice in preparing for and carrying out the trans18 fers of land to be held in trust by the United 

19 States under title II; and 

20 (C) to acquire environmentally sensitive 

21 land or an interest in environmentally sensitive 

22 land in the County, pursuant to the Douglas 

23 County Open Space and Agricultural Lands 

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1 sequent amendment to the plan that is under2 taken with full public involvement. 

3 (j) AVAILABILITY OF FUNDS.—Section 4(e) of the 

4 Southern Nevada Public Land Management Act of 1998 

5 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 

6 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 

7 Stat. 1114) is amended— 

8 (1) in paragraph (3)(A)— 

9 (A) in clause (iv), by striking ‘‘Clark, Lin10 coln, and White Pine Counties and Washoe 

11 County (subject to paragraph 4)) and Carson 

12 City (subject to paragraph (5))’’ and inserting 

13 ‘‘Clark, Lincoln, and White Pine Counties, 

14 Washoe County (subject to paragraph (4)), 

15 Carson City subject to paragraph (5)), and 

16 Douglas County (subject to paragraph (6))’’; 

17 and 

18 (B) in clause (v), by striking ‘‘Clark, Lin19 coln, and White Pine Counties and Carson City 

20 (subject to paragraph (5))’’ and inserting 

21 ‘‘Clark, Lincoln, and White Pine Counties, 

22 Washoe County (subject to paragraph (4)), 

23 Carson City (subject to paragraph (5)), and 

24 Douglas County (subject to paragraph (6))’’; 

25 and 


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

2 ‘‘(6) LIMITATION FOR DOUGLAS COUNTY.— 

3 Douglas County shall be eligible to nominate for ex4 penditure amounts to acquire land or an interest in 

5 land for parks, trails, or natural areas and for con6 servation initiatives— 

7 ‘‘(A) within the Carson River watershed; 

8 ‘‘(B) within the Walker River watershed; 

9 or 

10 ‘‘(C) for the conservation of sage grouse 

11 habitat.’’. 

12 TITLE II—TRIBAL CULTURAL 

13 RESOURCES 

14 SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR 

15 TRIBE. 

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

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

18 to the land described in subsection (b)— 

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

20 for the benefit of the Tribe; and 

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

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

23 subsection (a) consists of the approximately 1,016 acres 

24 of Federal land generally depicted as ‘‘Washoe Tribe Con25 veyances’’ on the Map. 


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

2 of enactment of this Act, the Secretary concerned shall 

3 complete a survey of the boundary lines to establish the 

4 boundaries of the land taken into trust under subsection 

5 (a). 

6 (d) USE OF TRUST LAND.— 

7 (1) GAMING.—Land taken into trust under this 

8 section shall not be eligible, or considered to have 

9 been taken into trust, for class II gaming or class 

10 III gaming (as defined in section 4 of the Indian 

11 Gaming Regulatory Act (25 U.S.C. 2703)). 

12 (2) THINNING; LANDSCAPE RESTORATION.— 

13 (A) IN GENERAL.—The Secretary con14 cerned, in consultation and coordination with 

15 the Tribe, may carry out any fuel reduction and 

16 other landscape restoration activities on the 

17 land taken into trust under subsection (a) (in18 cluding land that includes threatened and en19 dangered species habitat), that are beneficial 

20 to— 

21 (i) the Tribe; and 

22 (ii)(I) the Bureau of Land Manage23 ment; or 

24 (II) the Forest Service. 


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1 (B) CONSERVATION BENEFITS.—Activities 

2 carried out under subparagraph (A) include ac3 tivities that provide conservation benefits to a 

4 species— 

5 (i) that is not listed as endangered or 

6 threatened under section 4(c) of the En7 dangered Species Act of 1973 (16 U.S.C. 

8 1533(c)); but 

9 (ii) is— 

10 (I) listed by a State as a threat11 ened or endangered species; 

12 (II) a species of concern; or 

13 (III) a candidate for a listing as 

14 an endangered or threatened species 

15 under the Endangered Species Act of 

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

17 SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT. 

18 (a) IN GENERAL.—The Secretary of Agriculture, in 

19 consultation with the Tribe and County, shall develop and 

20 implement a cooperative management agreement for the 

21 land described in subsection (b)— 

22 (1) to preserve cultural resources; 

23 (2) to ensure regular access by members of the 

24 Tribe and the community across National Forest 

25 System land for cultural and religious purposes; and 


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1 (3) to protect recreational uses. 

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

3 subsection (a) consists of the approximately 1,811 acres 

4 of land generally depicted as ‘‘Cooperative Management 

5 Area’’ on the Map. 

6 TITLE III—RESOLUTION OF BUR7 BANK CANYONS WILDERNESS 

8 STUDY AREA 

9 SEC. 301. ADDITION TO NATIONAL WILDERNESS PRESERVA10 TION SYSTEM. 

11 (a) DESIGNATION.—In furtherance of the purposes of 

12 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi13 mately 12,330 acres of Federal land managed by the Bu14 reau of Land Management, as generally depicted on the 

15 map entitled ‘‘Proposed Burbank Canyons Wilderness’’ 

16 and dated January 29, 2015, is designated as wilderness 

17 and as a component of the National Wilderness Preserva18 tion System, to be known as the ‘‘Burbank Canyons Wil19 derness’’. 

20 (b) BOUNDARY.—The boundary of any portion of the 

21 Wilderness that is bordered by a road shall be at least 

22 100 feet from the edge of the road to allow public access. 

23 (c) MAP AND LEGAL DESCRIPTION.— 

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

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1 cerned shall prepare a map and legal description of 

2 the Wilderness. 

3 (2) EFFECT.—The map and legal description 

4 prepared under paragraph (1) shall have the same 

5 force and effect as if included in this Act, except 

6 that the Secretary concerned may correct any minor 

7 error in the map or legal description. 

8 (3) AVAILABILITY.—A copy of the map and 

9 legal description prepared under paragraph (1) shall 

10 be on file and available for public inspection in the 

11 appropriate offices of the Bureau of Land Manage12 ment. 

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

14 the Wilderness is withdrawn from— 

15 (1) all forms of entry, appropriation, or disposal 

16 under the public land laws; 

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

18 laws; and 

19 (3) disposition under all laws relating to min20 eral and geothermal leasing or mineral materials. 

21 SEC. 302. ADMINISTRATION. 

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

23 the Wilderness shall be administered by the Secretary con24 cerned in accordance with the Wilderness Act (16 U.S.C. 

25 1131 et seq.), except that— 


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

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

3 of enactment of this Act; and 

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

5 of Agriculture shall be considered to be a reference 

6 to the Secretary of the Interior. 

7 (b) LIVESTOCK.—The grazing of livestock in the Wil8 derness, if established before the date of enactment of this 

9 Act, shall be allowed to continue, subject to such reason10 able regulations, policies, and practices as the Secretary 

11 concerned considers to be necessary in accordance with— 

12 (1) section 4(d)(4) of the Wilderness Act (16 

13 U.S.C. 1133(d)(4)); and 

14 (2) the guidelines set forth in Appendix A of 

15 the report of the Committee on Interior and Insular 

16 Affairs of the House of Representatives accom17 panying H.R. 2570 of the 101st Congress (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 the Wilderness that is acquired by the United States 

22 after the date of enactment of this Act shall be added to 

23 and administered as part of the Wilderness. 

24 (d) ADJACENT MANAGEMENT.— 


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1 (1) IN GENERAL.—Congress does not intend for 

2 the designation of the Wilderness to create a protec3 tive perimeter or buffer zone around the Wilderness. 

4 (2) NONWILDERNESS ACTIVITIES.—The fact 

5 that nonwilderness activities or uses can be seen or 

6 heard from areas within the Wilderness shall not 

7 preclude the conduct of the activities or uses outside 

8 the boundary of the Wilderness. 

9 (e) MILITARY OVERFLIGHTS.—Nothing in this Act 

10 restricts or precludes— 

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

12 the Wilderness, including military overflights that 

13 can be seen or heard within the wilderness area; 

14 (2) flight testing and evaluation; or 

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

16 special use airspace, or the establishment of military 

17 flight training routes, over the Wilderness. 

18 (f) EXISTING AIRSTRIPS.—Nothing in this Act re19 stricts or precludes low-level overflights by aircraft uti20 lizing airstrips in existence on the date of enactment of 

21 this Act that are located within 5 miles of the proposed 

22 boundary of the Wilderness. 

23 (g) WILDFIRE, INSECT, AND DISEASE MANAGE24 MENT.—In accordance with section 4(d)(1) of the Wilder25 ness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned 


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1 may take any measures in the Wilderness that the Sec2 retary concerned determines to be necessary for the con3 trol of fire, insects, and diseases, including, as the Sec4 retary concerned determines to be appropriate, the coordi5 nation of the activities with the State or a local agency. 

6 (h) DATA COLLECTION.—In accordance with the Wil7 derness Act (16 U.S.C. 1131 et seq.) and subject to such 

8 terms and conditions as the Secretary concerned may pre9 scribe, the Secretary concerned may authorize the installa10 tion and maintenance of hydrologic, meteorologic, or cli11 matological collection devices in the Wilderness if the Sec12 retary concerned determines that the facilities and access 

13 to the facilities are essential to flood warning, flood con14 trol, or water reservoir operation activities. 

15 (i) WATER RIGHTS.— 

16 (1) FINDINGS.—Congress finds that— 

17 (A) the Wilderness is located— 

18 (i) in the semiarid region of the Great 

19 Basin; and 

20 (ii) at the headwaters of the streams 

21 and rivers on land with respect to which 

22 there are few, if any— 

23 (I) actual or proposed water re24 source facilities located upstream; and 


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1 (II) opportunities for diversion, 

2 storage, or other uses of water occur3 ring outside the land that would ad4 versely affect the wilderness values of 

5 the land; 

6 (B) the Wilderness is generally not suitable 

7 for use or development of new water resource 

8 facilities; and 

9 (C) because of the unique nature of the 

10 Wilderness, it is possible to provide for proper 

11 management and protection of the wilderness 

12 and other values of land by means different 

13 from the means used in other laws. 

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

15 to protect the wilderness values of the Wilderness by 

16 means other than a federally reserved water right. 

17 (3) STATUTORY CONSTRUCTION.—Nothing in 

18 this Act— 

19 (A) constitutes an express or implied res20 ervation by the United States of any water or 

21 water rights with respect to the Wilderness; 

22 (B) affects any water rights in the State 

23 (including any water rights held by the United 

24 States) in existence on the date of enactment of 

25 this Act; 


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1 (C) establishes a precedent with regard to 

2 any future wilderness designations; 

3 (D) affects the interpretation of, or any 

4 designation made under, any other Act; or 

5 (E) limits, alters, modifies, or amends any 

6 interstate compact or equitable apportionment 

7 decree that apportions water among and be8 tween the State and other States. 

9 (4) NEVADA WATER LAW.—The Secretary con10 cerned shall follow the procedural and substantive 

11 requirements of State law in order to obtain and 

12 hold any water rights not in existence on the date 

13 of enactment of this Act with respect to the Wilder14 ness. 

15 (5) NEW PROJECTS.— 

16 (A) DEFINITION OF WATER RESOURCE FA17 CILITY.— 

18 (i) IN GENERAL.—In this paragraph, 

19 the term ‘‘water resource facility’’ means 

20 irrigation and pumping facilities, res21 ervoirs, water conservation works, aque22 ducts, canals, ditches, pipelines, wells, hy23 dropower projects, transmission and other 

24 ancillary facilities, and other water diver25 sion, storage, and carriage structures. 


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1 (ii) EXCLUSION.—In this paragraph, 

2 the term ‘‘water resource facility’’ does not 

3 include wildlife guzzlers. 

4 (B) RESTRICTION ON NEW WATER RE5 SOURCE FACILITIES.—Except as otherwise pro6 vided in this Act, on or after the date of enact7 ment of this Act, neither the President nor any 

8 other officer, employee, or agent of the United 

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

10 license or permit for the development of any 

11 new water resource facility within any wilder12 ness area, including a portion of a wilderness 

13 area, that is located in the County. 

14 SEC. 303. FISH AND WILDLIFE MANAGEMENT. 

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

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

17 nothing in this Act affects or diminishes the jurisdiction 

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

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

20 in the Wilderness. 

21 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

22 the purposes and principles of the Wilderness Act (16 

23 U.S.C. 1131 et seq.), the Secretary concerned may con24 duct any management activities in the Wilderness that are 

25 necessary to maintain or restore fish and wildlife popuVerDate Sep 11 2014 00:22 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S472.IS S472

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1 lations and the habitats to support the populations, if the 

2 activities are carried out— 

3 (1) in a manner that is consistent with relevant 

4 wilderness management plans; and 

5 (2) in accordance with— 

6 (A) the Wilderness Act (16 U.S.C. 1131 et 

7 seq.); and 

8 (B) appropriate policies, such as those set 

9 forth in Appendix B of the report of the Com10 mittee on Interior and Insular Affairs of the 

11 House of Representatives accompanying H.R. 

12 2570 of the 101st Congress (House Report 

13 101–405), including the occasional and tem14 porary use of motorized vehicles and aircraft if 

15 the use, as determined by the Secretary con16 cerned, would promote healthy, viable, and 

17 more naturally distributed wildlife populations 

18 that would enhance wilderness values with the 

19 minimal impact necessary to reasonably accom20 plish those tasks. 

21 (c) EXISTING ACTIVITIES.—Consistent with section 

22 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

23 in accordance with appropriate policies such as those set 

24 forth in Appendix B of the report of the Committee on 

25 Interior and Insular Affairs of the House of RepresentaVerDate Sep 11 2014 00:22 Feb 20, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S472.IS S472

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1 tives accompanying H.R. 2570 of the 101st Congress 

2 (House Report 101–405), the State may continue to use 

3 aircraft, including helicopters, to survey, capture, trans4 plant, monitor, and provide water for wildlife populations 

5 in the Wilderness. 

6 (d) HUNTING, FISHING, AND TRAPPING.— 

7 (1) IN GENERAL.—The Secretary concerned 

8 may designate areas in which, and establish periods 

9 during which, for reasons of public safety, adminis10 tration, or compliance with applicable laws, no hunt11 ing, fishing, or trapping will be permitted in the Wil12 derness. 

13 (2) CONSULTATION.—Except in emergencies, 

14 the Secretary concerned shall consult with the ap15 propriate State agency and notify the public before 

16 making any designation under paragraph (1). 

17 (e) COOPERATIVE AGREEMENT.— 

18 (1) IN GENERAL.—The State (including a des19 ignee of the State) may conduct wildlife manage20 ment activities in the Wilderness— 

21 (A) in accordance with the terms and con22 ditions specified in the cooperative agreement 

23 between the Secretary of the Interior and the 

24 State entitled ‘‘Memorandum of Understanding 

25 between the Bureau of Land Management and 


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1 the Nevada Department of Wildlife Supplement 

2 No. 9’’ and signed November and December 

3 2003, including any amendments to the cooper4 ative agreement agreed to by the Secretary of 

5 the Interior and the State; and 

6 (B) subject to all applicable laws (including 

7 regulations). 

8 (2) REFERENCES; CLARK COUNTY.—For the 

9 purposes of this subsection, any reference to Clark 

10 County in the cooperative agreement described in 

11 paragraph (1)(A) shall be considered to be a ref12 erence to the Wilderness. 

13 SEC. 304. RELEASE OF WILDERNESS STUDY AREA. 

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

15 of section 603(c) of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

17 1,065 acres of public land in the Burbank Canyons Wil18 derness study area not designated as wilderness by section 

19 301 has been adequately studied for wilderness designa20 tion. 

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

23 title— 

24 (1) is no longer subject to— 


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1 (A) section 603(c) of the Federal Land 

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

3 1782(c)); or 

4 (B) Secretarial Order No. 3310 issued by 

5 the Secretary of the Interior on December 22, 

6 2010; and 

7 (2) shall be managed in accordance with— 

8 (A) land management plans adopted under 

9 section 202 of the Federal Land Policy and 

10 Management Act of 1976 (43 U.S.C. 1712); 

11 and 

12 (B) cooperative conservation agreements in 

13 existence on the date of enactment of this Act. 

14 SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

15 USES. 

16 Nothing in this title alters or diminishes the treaty 

17 rights of any Indian tribe (as defined in section 4 of the 

18 Indian Self-Determination and Education Assistance Act 

19 (25 U.S.C. 450b)). 


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1 TITLE IV—TRANSFER OF ADMIN2 ISTRATIVE JURISDICTION 

3 OVER FOREST SERVICE LAND 

4 SEC. 401. AUTHORITY OF FOREST SERVICE TO TRANSFER 

5 ADMINISTRATIVE JURISDICTION TO STATE 

6 OR COUNTY FOR PUBLIC PURPOSES. 

7 (a) IN GENERAL.—Consistent with section 3(b) of 

8 Public Law 96–586 (commonly known as the ‘‘Santini9 Burton Act’’) (94 Stat. 3384), and subject to valid exist10 ing rights and to such terms and conditions as the Sec11 retary of Agriculture determines to be necessary, on re12 quest by the State or County, the Secretary of Agriculture 

13 may transfer the Forest Service land or interests in Forest 

14 Service land described in subsection (b) to the State or 

15 County, without consideration, to protect the environ16 mental quality and public recreational use of the trans17 ferred Forest Service land. 

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

19 subsection (a) is any Forest Service land that is within 

20 the boundaries of the area subject to acquisition under 

21 Public Law 96–586 (commonly known as the ‘‘Santini22 Burton Act’’) (94 Stat. 3381) that is unsuitable for Forest 

23 Service administration or necessary for a public purpose. 

24 (c) USE OF LAND.—The land transferred under sub25 section (a) shall— 


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1 (1) be managed by the State or County, as ap2 plicable, to maintain undeveloped open space and to 

3 preserve the natural characteristics of the trans4 ferred land in perpetuity; 

5 (2) be managed by the State or County, as ap6 plicable, to protect and enhance water quality, 

7 stream environment zones, and important wildlife 

8 habitat; and 

9 (3) be used by the State or County, as applica10 ble, for recreation or other public purposes con11 sistent with the Act of June 14, 1926 (commonly 

12 known as the ‘‘Recreation and Public Purposes 

13 Act’’) (43 U.S.C. 869 et seq.). 

14 (d) REVERSION.—If a parcel of land transferred 

15 under subsection (a) is used in a manner that is incon16 sistent with the use described for the parcel of land in 

17 subsection (c), the parcel of land shall, at the discretion 

18 of the Secretary of Agriculture, revert to the United 

19 States. 

Æ 


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