IB 
Union Calendar No. 443 
108TH CONGRESS 
2D SESSION 
H. R. 4593 
[Report No. 108–720] 
To establish wilderness areas, promote conservation, improve public land, 
and provide for the high quality development in Lincoln County, Nevada, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2004 
Mr. GIBBONS (for himself, Mr. PORTER, and Ms. BERKLEY) introduced the 
following bill; which was referred to the Committee on Resources 
OCTOBER 4, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 16, 2004] 
A BILL 
To establish wilderness areas, promote conservation, improve 
public land, and provide for the high quality development 
in Lincoln County, Nevada, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lincoln County Con-
servation, Recreation, and Development Act of 2004’’. 
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—LAND DISPOSAL 
Sec. 101. Definitions. 
Sec. 102. Conveyance of Lincoln County land. 
Sec. 103. Disposition of proceeds. 
TITLE II—WILDERNESS AREAS 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Sec. 203. Additions to National Wilderness Preservation System. 
Sec. 204. Administration. 
Sec. 205. Adjacent management. 
Sec. 206. Military overflights. 
Sec. 207. Native American cultural and religious uses. 
Sec. 208. Release of wilderness study areas. 
Sec. 209. Wildlife management. 
Sec. 210. Wildfire management. 
Sec. 211. Climatological data collection. 
TITLE III—UTILITY CORRIDORS 
Sec. 301. Utility corridor and rights-of-way. 
Sec. 302. Relocation of right-of-way and utility corridors located in Clark and 
Lincoln Counties in the State of Nevada. 
TITLE IV—SILVER STATE OFF-HIGHWAY VEHICLE TRAIL 
Sec. 401. Silver State Off-Highway Vehicle Trail. 
TITLE V—OPEN SPACE PARKS 
Sec. 501. Open space park conveyance to Lincoln County, Nevada. 
Sec. 502. Open space park conveyance to the State of Nevada. 
TITLE VI—JURISDICTION TRANSFER 
Sec. 601. Transfer of administrative jurisdiction between the Fish and Wildlife 
Service and the Bureau of Land Management.
TITLE I—LAND DISPOSAL 
SEC. 101. DEFINITIONS. 
In this title:
(1) COUNTY.—The term ‘‘County’’ means Lin-
coln County, Nevada. 
(2) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Lincoln County Conservation, Recreation, and 
Development Act Map’’ and dated June 14, 2004. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) SPECIAL ACCOUNT.—The term ‘‘special ac-
count’’ means the special account established under 
section 103(b)(3). 
SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND. 
(a) IN GENERAL.—Notwithstanding sections 202 and 
203 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1711, 1712), the Secretary, in cooperation 
with the County, in accordance with that Act, this title, 
and other applicable law and subject to valid existing 
rights, shall conduct sales of— 
(1) the land described in subsection (b)(1) to 
qualified bidders not later than 75 days after the date 
of the enactment of this Act; and 
(2) the land described in subsection (b)(2) to 
qualified bidders as such land becomes avalable for 
disposal. 
(b) DESCRIPTION OF LAND.—The land referred to in 
subsection (a) consists of—
(1) the land identified on the map as ‘‘Tract A’’ 
and ‘‘Tract B’’ totaling approximately 13,328 acres; 
and 
(2) between 87,000 and 90,000 acres of Bureau 
of Land Management-managed public land in Lin-
coln County identified for disposal by the Bureau of 
Land Management either through— 
(A) the Ely Resource Management Plan (in-
tended to be finalized in 2005); or 
(B) a subsequent amendment to that land 
use plan undertaken with full public involve-
ment. 
(c) AVAILABILITY.—Each map and legal description 
shall be on file and available for public inspection in (as 
appropriate)—
(1) the Office of the Director of the Bureau of 
Land Management; 
(2) the Office of the Nevada State Director of the 
Bureau of Land Management; 
(3) the Ely Field Office of the Bureau of Land 
Management; and 
(4) the Caliente Field Station of the Bureau of 
Land Management. 
(d) JOINT SELECTION REQUIRED.—The Secretary and 
the County shall jointly select which parcels of land de-
scribed in subsection (b)(2) to offer for sale under subsection 
(a). 
(e) COMPLIANCE WITH LOCAL PLANNING AND ZONING 
LAWS.—Before a sale of land under subsection (a), the 
County shall submit to the Secretary a certification that 
qualified bidders have agreed to comply with—
(1) County and city zoning ordinances; and 
(2) any master plan for the area approved by the 
County. 
(f) METHOD OF SALE; CONSIDERATION.—The sale of 
land under subsection (a) shall be—
(1) through a competitive bidding process unless 
otherwise determined by the Secretary; and 
(2) for not less than fair market value. 
(g) WITHDRAWAL.—
(1) IN
GENERAL.—Subject to valid existing 
rights and except as provided in paragraph (2), the 
land described in subsection (b) is withdrawn from—
(A) all forms of entry and appropriation 
under the public land laws, including the min-
ing laws; and 
(B) operation of the mineral leasing and 
geothermal leasing laws. 
(2) EXCEPTION.—Paragraph (1)(A) shall not 
apply to a competitive sale or an election by the
County to obtain the land described in subsection (b) 
for public purposes under the Act of June 14, 1926 
(43 U.S.C. 869 et seq; commonly known as the 
‘‘Recreation and Public Purposes Act’’). 
(h) DEADLINE FOR SALE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall—
(A) notwithstanding the Lincoln County 
Land Act of 2000 (114 Stat. 1046), not later 
than 75 days after the date of the enactment of 
this title, offer by sale the land described in sub-
section (b)(1) if there is a qualified bidder for 
such land; and 
(B) offer for sale annually lands identified 
for sale in subsection (b)(2) until such lands are 
disposed of or unless the county requests a post-
ponement under paragraph (2). 
(2) POSTPONEMENT; EXCLUSION FROM SALE.—
(A) REQUEST BY COUNTY FOR POSTPONE-
MENT
OR
EXCLUSION.—At the request of the 
County, the Secretary shall postpone or exclude 
from the sale all or a portion of the land de-
scribed in subsection (b)(2). 
(B) INDEFINITE
POSTPONEMENT.—Unless 
specifically requested by the County, a postpone-
ment under subparagraph (A) shall not be in-
definite. 
SEC. 103. DISPOSITION OF PROCEEDS. 
(a) INITIAL LAND SALE.—Section 5 of the Lincoln 
County Land Act of 2000 (114 Stat. 1047) shall apply to 
the disposition of the gross proceeds from the sale of land 
described in section 102. 
(b) SUBSEQUENT LAND SALES.—Of the gross proceeds 
of the sale of the land described in section 102(b)(2)—
(1) 5 percent shall be paid directly to the State 
for use in the general education program of the State; 
(2) 45 percent shall be paid to the County for 
use for economic development in the County, includ-
ing County parks, trails, and natural areas; and 
(3) the remainder shall be deposited in a special 
account in the Treasury of the United States and 
shall be available without further appropriation to 
the Secretary until expended for—
(A) the inventory, evaluation, protection, 
and management of unique archaeological re-
sources (as defined in section 3 of the Archae-
ological Resources Protection Act of 1979 (16 
U.S.C. 470bb)) of the County;
plan required by section 401(c)(2) of this 
Act; and 
(iv) processing wilderness designations, 
including but not limited to, the costs of ap-
propriate fencing, signage, public education, 
and enforcement for the wilderness areas 
designated. 
(c) 
INVESTMENT
OF
SPECIAL
ACCOUNT.—Any 
amounts deposited in the special account shall earn interest 
in an amount determined by the Secretary of the Treasury 
on the basis of the current average market yield on out-
standing marketable obligations of the United States of 
comparable maturities and may be expended according to 
the provisions of this section. 
TITLE II—WILDERNESS AREAS 
SEC. 201. FINDINGS. 
Congress finds that—
(1) public land in the County contains unique 
and spectacular natural resources, including—
(A) priceless habitat for numerous species of 
plants and wildlife; and 
(B) thousands of acres of land that remain 
in a natural state; and 
(2) continued preservation of those areas would 
benefit the County and all of the United States by—
(A) ensuring the conservation of ecologically 
diverse habitat; 
(B) protecting prehistoric cultural resources; 
(C) conserving primitive recreational re-
sources; and 
(D) protecting air and water quality. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) COUNTY.—The term ‘‘County’’ means Lin-
coln County, Nevada. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESER-
VATION SYSTEM. 
(a) ADDITIONS.—The following land in the State is 
designated as wilderness and as components of the National 
Wilderness Preservation System: 
(1) MORMON MOUNTAINS WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 149,677 acres, as 
generally depicted on the map entitled ‘‘Lincoln 
County Conservation, Recreation, and Development
Act Map’’, dated September 20, 2004, which shall be 
known as the ‘‘Mormon Mountains Wilderness’’. 
(2) MEADOW VALLEY RANGE WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land 
Management, 
comprising 
approximately 
124,833 
acres, as generally depicted on the map entitled 
‘‘Southern Lincoln County Wilderness Map’’, dated 
June 1, 2004, which shall be known as the ‘‘Meadow 
Valley Range Wilderness’’. 
(3) DELAMAR
MOUNTAINS
WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land 
Management, 
comprising 
approximately 
111,389 
acres, as generally depicted on the map entitled 
‘‘Southern Lincoln County Wilderness Map’’, dated 
June 1, 2004, which shall be known as the ‘‘Delamar 
Mountains Wilderness’’. 
(4) CLOVER MOUNTAINS WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 85,757 acres, as 
generally depicted on the map entitled ‘‘Southern 
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘Clover Mountains 
Wilderness’’. 
(5) SOUTH PAHROC RANGE WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land
Management, comprising approximately 25,638 acres, 
as generally depicted on the map entitled ‘‘Western 
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘South Pahroc 
Range Wilderness’’. 
(6) WORTHINGTON MOUNTAINS WILDERNESS.—
Certain Federal land managed by the Bureau of 
Land Management, comprising approximately 30,936 
acres, as generally depicted on the map entitled 
‘‘Western Lincoln County Wilderness Map’’, dated 
June 1, 2004, which shall be known as the ‘‘Wor-
thington Mountains Wilderness’’. 
(7) WEEPAH
SPRING
WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 51,117 acres, as 
generally depicted on the map entitled ‘‘Western Lin-
coln County Wilderness Map’’, dated June 1, 2004, 
which shall be known as the ‘‘Weepah Spring Wilder-
ness’’. 
(8) PARSNIP PEAK WILDERNESS.—Certain Fed-
eral land managed by the Bureau of Land Manage-
ment, comprising approximately 45,837 acres, as gen-
erally depicted on the map entitled ‘‘Northern Lincoln 
County Wilderness Map’’, dated June 1, 2004, which 
shall be known as the ‘‘Parsnip Peak Wilderness’’.
(9) WHITE ROCK RANGE WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 24,413 acres, as 
generally depicted on the map entitled ‘‘Northern 
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘White Rock 
Range Wilderness’’. 
(10) FORTIFICATION RANGE WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land 
Management, comprising approximately 28,837 acres, 
as generally depicted on the map entitled ‘‘Northern 
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘Fortification 
Range Wilderness’’. 
(11) FAR SOUTH EGANS WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 36,384 acres, as 
generally depicted on the map entitled ‘‘Northern 
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘Far South Egans 
Wilderness’’. 
(12) TUNNEL
SPRING
WILDERNESS.—Certain 
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 5,530 acres, as 
generally depicted on the map entitled ‘‘Southern
Lincoln County Wilderness Map’’, dated June 1, 
2004, which shall be known as the ‘‘Tunnel Spring 
Wilderness’’. 
(b) BOUNDARY.—The boundary of any portion of a 
wilderness area designated by subsection (a) that is bor-
dered by a road shall be at least 100 feet from the edge 
of the road to allow public access. 
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this title, the Secretary shall 
file a map and legal description of each wilderness 
area designated by subsection (a) with the Committee 
on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the 
Senate. 
(2) EFFECT.—Each map and legal description 
shall have the same force and effect as if included in 
this section, except that the Secretary may correct 
clerical and typographical errors in the map or legal 
description. 
(3) AVAILABILITY.—Each map and legal descrip-
tion shall be on file and available for public inspec-
tion in (as appropriate)—
(A) the Office of the Director of the Bureau 
of Land Management;
(B) the Office of the Nevada State Director 
of the Bureau of Land Management; 
(C) the Ely Field Office of the Bureau of 
Land Management; and 
(D) the Caliente Field Station of the Bu-
reau of Land Management. 
(d) WITHDRAWAL.—Subject to valid existing rights, 
the wilderness areas designated by subsection (a) are with-
drawn from—
(1) all forms of entry, appropriation, and dis-
posal under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
SEC. 204. ADMINISTRATION. 
(a) MANAGEMENT.—Subject to valid existing rights, 
each area designated as wilderness by this title shall be ad-
ministered by the Secretary in accordance with the Wilder-
ness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in that Act to the effective date 
shall be considered to be a reference to the date of the 
enactment of this title; and
(2) any reference in that Act to the Secretary of 
Agriculture shall be considered to be a reference to the 
Secretary of the Interior. 
(b) LIVESTOCK.—Within the wilderness areas des-
ignated under this title that are administered by the Bu-
reau of Land Management, the grazing of livestock in areas 
in which grazing is established as of the date of enactment 
of this title shall be allowed to continue, subject to such rea-
sonable regulations, policies, and practices that the Sec-
retary considers necessary, consistent with section 4(d)(4) 
of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the 
guidelines set forth in Appendix A of House Report 101–
405. 
(c) INCORPORATION OF ACQUIRED LAND AND INTER-
ESTS.—Any land or interest in land within the boundaries 
of an area designated as wilderness by this title that is ac-
quired by the United States after the date of the enactment 
of this title shall be added to and administered as part of 
the wilderness area within which the acquired land or inter-
est is located. 
(d) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as Wilderness by 
this title is within the Northern Mojave Desert,
and Great Basin Deserts, is arid in nature, and 
includes ephemeral streams; 
(B) the hydrology of the land designated as 
wilderness by this title is predominantly charac-
terized by complex flow patterns and alluvial 
fans with impermanent channels; 
(C) the subsurface hydrogeology of the re-
gion is characterized by ground water subject to 
local and regional flow gradients and unconfined 
and artesian conditions; 
(D) the land designated as wilderness by 
this title is generally not suitable for use or de-
velopment of new water resource facilities; and 
(E) because of the unique nature and hy-
drology of the desert land designated as wilder-
ness by this title, it is possible to provide for 
proper management and protection of the wilder-
ness and other values of lands in ways different 
from those used in other legislation. 
(2) STATUTORY CONSTRUCTION.—Nothing in this 
title—
(A) shall constitute or be construed to con-
stitute either an express or implied reservation 
by the United States of any water or water
rights with respect to the land designated as wil-
derness by this title; 
(B) shall affect any water rights in the 
State existing on the date of the enactment of 
this title, including any water rights held by the 
United States; 
(C) shall be construed as establishing a 
precedent with regard to any future wilderness 
designations; 
(D) shall affect the interpretation of, or any 
designation made pursuant to, any other Act; or 
(E) shall be construed as limiting, altering, 
modifying, or amending any of the interstate 
compacts or equitable apportionment decrees that 
apportion water among and between the State 
and other States. 
(3) NEVADA WATER LAW.—The Secretary shall 
follow the procedural and substantive requirements of 
the law of the State in order to obtain and hold any 
water rights not in existence on the date of enactment 
of this title with respect to the wilderness areas des-
ignated by this title. 
(4) NEW PROJECTS.—