In the Senate of the United States,
October 10, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4593) entitled ‘‘An Act to establish wilderness
areas, promote conservation, improve public land, and provide
for the high quality development in Lincoln County, Nevada,
and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary to carry out this Act.
SEC. 2. SHORT TITLE.
This Act may be cited as the ‘‘Lincoln County Con-
servation, Recreation, and Development Act of 2004’’.
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 October 1, 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—
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(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) consistent with section 203(d) and 203(f) of
the Federal Land Management Policy Act of 1976 (43
U.S.C. 1713(d) and (f));
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(2) through a competitive bidding process unless
otherwise determined by the Secretary; and
(3) 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;
(B) location, entry, and patent under the
mining laws; and
(C) 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
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than 75 days after the date of the enactment of
this Act, 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)(1).
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(b) DISPOSITION OF PROCEEDS.—Proceeds from sales
of lands described in section 102(b)(2) shall be disbursed
as follows—
(1) 5 percent shall be paid directly to the state
for use in the general education program of the State;
(2) 10 percent shall be paid to the County for
use for fire protection, law enforcement, public safety,
housing, social services, and transportation; 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 reimbursement of costs incurred by
the Nevada State office and the Ely Field Office
of the Bureau of Land Management for pre-
paring for the sale of land described in section
102(b) including surveys appraisals, compliance
with the National Environmental Policy Act of
1969 (42 U.S.C. 4321) and compliance with the
Federal Land Policy and Management Act of
1976 (43 U.S.C. 1711, 1712);
(B) the inventory, evaluation, protection,
and management of unique archaeological re-
sources (as defined in section 3 of the Archae-
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ological Resources Protection Act of 19792 (16
U.S.C. 470bb)) of the County;
(C) the development and implementation of
a multispecies habitat conservation plan for the
County;
(D) processing of public land use authoriza-
tions and rights-of-way relating to the develop-
ment of land conveyed under section 102(a) of
this Act;
(E) processing the Silver State OHV trail
and implementing the management plan re-
quired by section 151(c)(2) of this Act; and
(F) processing wilderness designation, in-
cluding but not limited to, the costs of appro-
priate 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.
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Title II—WILDERNESS AREAS
SEC. 111. 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. 112. 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.
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SEC. 113. 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 157,938 acres, as
generally depicted on the map entitled ‘‘Southern
Lincoln County Wilderness Map’’, dated October 1,
2004, which shall be known as the ‘‘Mormon Moun-
tains Wilderness’’.
(2) MEADOW VALLEY RANGE WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land
Management, 
comprising 
approximately 
123,488
acres, as generally depicted on the map entitled
‘‘Southern Lincoln County Wilderness Map’’, dated
October 1, 2004, which shall be known as the ‘‘Mead-
ow Valley Range Wilderness’’.
(3) DELAMAR
MOUNTAINS
WILDERNESS.—Cer-
tain Federal land managed by the Bureau of Land
Management, 
comprising 
approximately 
111,328
acres, as generally depicted on the map entitled
‘‘Southern Lincoln County Wilderness Map’’, dated
October 1, 2004, which shall be known as the
‘‘Delamar Mountains Wilderness’’.
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(4) CLOVER MOUNTAINS WILDERNESS.—Certain
Federal land managed by the Bureau of Land Man-
agement, comprising approximately 85,748 acres, as
generally depicted on the map entitled ‘‘Southern
Lincoln County Wilderness Map’’, dated October 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 25,800 acres,
as generally depicted on the map entitled ‘‘Western
Lincoln County Wilderness Map’’, dated October 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 30,664
acres, as generally depicted on the map entitled
‘‘Western Lincoln County Wilderness Map’’, dated
October 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 51,480 acres, as
generally depicted on the map entitled ‘‘Western Lin-
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coln County Wilderness Map’’, dated October 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 43,693 acres, as gen-
erally depicted on the map entitled ‘‘Northern Lincoln
County Wilderness Map’’, dated October 1, 2004,
which shall be known as the ‘‘Parsnip Peak Wilder-
ness’’.
(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 October 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 30,656 acres,
as generally depicted on the map entitled ‘‘Northern
Lincoln County Wilderness Map’’, dated October 1,
2004, which shall be known as the ‘‘Fortification
Range Wilderness’’.
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(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 October 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 5,371 acres, as
generally depicted on the map entitled ‘‘Southern
Lincoln County Wilderness Map’’, dated October 1,
2004, which shall be known as the ‘‘Tunnel Spring
Wilderness’’.
(13) BIG ROCKS WILDERNESS.—Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 12,997 acres, as generally
depicted on the map entitled ‘‘Western Lincoln Coun-
ty Wilderness Map’’, dated October 1, 2004, which
shall be known as the ‘‘Big Rocks Wilderness’’.
(14) MT. IRISH WILDERNESS.—Certain Federal
land managed by the Bureau of Land Management,
comprising approximately 28,334 acres, as generally
depicted on the map entitled ’’Western Lincoln Coun-