H. R. 4593
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To establish wilderness areas, promote conservation, improve public land, and pro-
vide for the high quality development in Lincoln County, Nevada, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Lincoln County
Conservation, Recreation, and Development Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Authorization of appropriations.
Sec. 2. Short title; 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 Lin-
coln 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.
H. R. 4593—2
TITLE I—LAND DISPOSAL
SEC. 101. DEFINITIONS.
In this title:
(1) COUNTY.—The term ‘‘County’’ means Lincoln County,
Nevada.
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘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 account’’ 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 bid-
ders 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 bid-
ders as such land becomes available 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) not more than 90,000 acres of Bureau of Land Manage-
ment managed public land in Lincoln County that is not seg-
regated or withdrawn on the date of enactment of this Act
or thereafter, and that is identified for disposal by the BLM
either through—
(A) the Ely Resource Management Plan (intended to
be finalized in 2005); or
(B) a subsequent amendment to that land use plan
undertaken with full public involvement.
(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 Manage-
ment;
(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 described 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
H. R. 4593—3
(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));
(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 mining 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 paragraph (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 Act, offer by sale the land
described in subsection (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 postponement under para-
graph (2).
(2) POSTPONEMENT; EXCLUSION FROM SALE.—
(A) REQUEST BY COUNTY FOR POSTPONEMENT OR EXCLU-
SION.—At the request of the County, the Secretary shall
postpone or exclude from the sale all or a portion of the
land described in subsection (b)(2).
(B) INDEFINITE
POSTPONEMENT.—Unless specifically
requested by the County, a postponement under subpara-
graph (A) shall not be indefinite.
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).
(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
H. R. 4593—4
(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 preparing 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 manage-
ment of unique archaeological resources (as defined in sec-
tion 3 of the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470bb)) of the County;
(C) the development and implementation of a multispe-
cies habitat conservation plan for the County;
(D) processing of public land use authorizations and
rights-of-way relating to the development of land conveyed
under section 102(a) of this Act;
(E) processing the Silver State OHV trail and imple-
menting the management plan required by section 151(c)(2)
of this Act; and
(F) processing wilderness designation, including but
not limited to, the costs of appropriate 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 outstanding 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 spectac-
ular 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 resources; and
(D) protecting air and water quality.
SEC. 202. DEFINITIONS.
In this title:
H. R. 4593—5
(1) COUNTY.—The term ‘‘County’’ means Lincoln 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 PRESERVATION
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 Management, 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.—Certain 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 ‘‘Meadow Valley
Range Wilderness’’.
(3) DELAMAR
MOUNTAINS
WILDERNESS.—Certain 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 Moun-
tains Wilderness’’.
(4) CLOVER MOUNTAINS WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, 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.—Certain 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 Fed-
eral land managed by the Bureau of Land Management, com-
prising 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 Management, comprising
approximately 51,480 acres, as generally depicted on the map
entitled ‘‘Western Lincoln County Wilderness Map’’, dated
October 1, 2004, which shall be known as the ‘‘Weepah Spring
Wilderness’’.
(8) PARSNIP PEAK WILDERNESS.—Certain Federal land man-
aged by the Bureau of Land Management, comprising approxi-
mately 43,693 acres, as generally depicted on the map entitled
H. R. 4593—6
‘‘Northern Lincoln County Wilderness Map’’, dated October 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 Management, 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.—Certain 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’’.
(11) FAR SOUTH EGANS WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, 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 Management, 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 man-
aged by the Bureau of Land Management, comprising approxi-
mately 12,997 acres, as generally depicted on the map entitled
‘‘Western Lincoln County Wilderness Map’’, dated October 1,
2004, which shall be known as the ‘‘Big Rocks Wilderness’’.
(14) MT. IRISH WILDERNESS.—Certain Federal land man-
aged by the Bureau of Land Management, comprising approxi-
mately 28,334 acres, as generally depicted on the map entitled
‘‘Western Lincoln County Wilderness Map’’, dated October 1,
2004, which shall be known as the ‘‘Mt. Irish Wilderness’’.
(b) BOUNDARY.—The boundary of any portion of a wilderness
area designated by subsection (a) that is bordered 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 Act, the Secretary shall file a map and
legal description of each wilderness area designated by sub-
section (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 description shall
be on file and available for public inspection in (as appro-
priate)—
(A) the Office of the Director of the Bureau of Land
Management;
H. R. 4593—7
(B) the Office of the Nevada State Director of the
Bureau of Land Management;
(C) the Ely Field Office of the Bureau of Land Manage-
ment; and
(D) the Caliente Field Station of the Bureau of Land
Management.
(d) WITHDRAWAL.—Subject to valid existing rights, the wilder-
ness areas designated by subsection (a) are withdrawn from—
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral leasing and geothermal leasing
laws.
SEC. 204. ADMINISTRATION.
(a) MANAGEMENT.—Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by
the Secretary in accordance with the Wilderness 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 Act; 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 designated under
this title that are administered by the Bureau of Land Management,
the grazing of livestock in areas in which grazing is established
as of the date of enactment of this Act shall be allowed to continue,
subject to such reasonable regulations, policies, and practices that
the Secretary considers necessary, consistent with section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guide-
lines set forth in Appendix A of House Report 101–405.
(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land within the boundaries of an area designated
as wilderness by this title that is acquired by the United States
after the date of the enactment of this Act shall be added to
and administered as part of the wilderness area within which
the acquired land or interest is located.
(d) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as Wilderness by this title
is within the Northern Mojave 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 characterized by complex
flow patterns and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region 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 development of new
water resource facilities; and
(E) because of the unique nature and hydrology of
the desert land designated as wilderness by this title, it
is possible to provide for proper management and protection
H. R. 4593—8
of the wilderness and other values of lands in ways dif-
ferent from those used in other legislation.
(2) STATUTORY CONSTRUCTION.—Nothing in this title—
(A) shall constitute or be construed to constitute either
an express or implied reservation by the United States
of any water or water rights with respect to the land
designated as wilderness by this title;
(B) shall affect any water rights in the State existing
on the date of the enactment of this Act, 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 Act with respect
to the wilderness areas designated by this title.
(4) NEW PROJECTS.—
(A) WATER RESOURCE FACILITY.—As used in this para-
graph, the term ‘‘water resource facility’’—
(i) means irrigation and pumping facilities, res-
ervoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other
water diversion, storage, and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) RESTRICTION
ON
NEW
WATER
RESOURCE
FACILI-
TIES.—Except as otherwise provided in this Act, on and
after the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of the
United States shall fund, assist, authorize, or issue a
license or permit for the development of any new water
resource facility within the wilderness areas designated
by this Act.
SEC. 205. ADJACENT MANAGEMENT.
(a) IN GENERAL.—Congress does not intend for the designation
of wilderness in the State pursuant to this title to lead to the
creation of protective perimeters or buffer zones around any such
wilderness area.
(b) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness
activities or uses can be seen or heard from areas within a wilder-
ness designated under this title shall not preclude the conduct
of those activities or uses outside the boundary of the wilderness
area.
SEC. 206. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes—
(1) low-level overflights of military aircraft over the areas
designated as wilderness by this title, including military over-
flights that can be seen or heard within the wilderness areas;
(2) flight testing and evaluation; or
H. R. 4593—9
(3) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title shall be construed to diminish the rights
of any Indian tribe. Nothing in this title shall be construed to
diminish tribal rights regarding access to Federal land for tribal
activities, including spiritual, cultural, and traditional food-gath-
ering activities.
SEC. 208. RELEASE OF WILDERNESS STUDY AREAS.
(a) FINDING.—Congress finds that, for the purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), the public land in the County administered by the
Bureau of Land Management in the following areas has been ade-
quately studied for wilderness designation:
(1) The Table Mountain Wilderness Study Area.
(2) Evergreen A, B, and C Wilderness Study Areas.
(3) Any portion of the wilderness study areas—
(A) not designated as wilderness by section 114(a);
and
(B) depicted as released on—
(i) the map entitled ‘‘Northern Lincoln County
Wilderness Map’’ and dated October 1, 2004;
(ii) the map entitled ‘‘Southern Lincoln County
Wilderness Map’’ and dated October 1, 2004; or
(iii) the map entitled ‘‘Western Lincoln County
Wilderness Map’’ and dated October 1, 2004.
(b) RELEASE.—Any public land described in subsection (a) that
is not designated as wilderness by this title—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
(2) shall be managed in accordance with—
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements; and
(3) shall be subject to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 209. WILDLIFE MANAGEMENT.
(a) IN GENERAL.—In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects
or diminishes the jurisdiction of the State with respect to fish
and wildlife management, including the regulation of hunting,
fishing, and trapping, in the wilderness areas designated by this
title.
(b) MANAGEMENT ACTIVITIES.—In furtherance of the purposes
and principles of the Wilderness Act, management activities to
maintain or restore fish and wildlife populations and the habitats
to support such populations may be carried out within wilderness
areas designated by this title where consistent with relevant wilder-
ness management plans, in accordance with appropriate policies
such as those set forth in Appendix B of House Report 101–405,
including the occasional and temporary use of motorized vehicles,
if such use, as determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife populations that
would enhance wilderness values and accomplish those purposes
H. R. 4593—10
with the minimum impact necessary to reasonably accomplish the
task.
(c) EXISTING ACTIVITIES.—Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appro-
priate policies such as those set forth in Appendix B of House
Report 101–405, the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide
water for wildlife populations, including bighorn sheep, and feral
stock, horses, and burros.
(d) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to sub-
section (f), the Secretary shall authorize structures and facilities,
including existing structures and facilities, for wildlife water
development projects, including guzzlers, in the wilderness areas
designated by this Act if—
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) HUNTING, FISHING, AND TRAPPING.—In consultation with
the appropriate State agency (except in emergencies), the Secretary
may designate by regulation areas in which, and establish periods
during which, for reasons of public safety, administration, or compli-
ance with applicable laws, no hunting, fishing, or trapping will
be permitted in the wilderness areas designated by this Act.
(f) COOPERATIVE AGREEMENT.—The terms and conditions under
which the State, including a designee of the State, may conduct
wildlife management activities in the wilderness areas designated
by this title are specified in the cooperative agreement between
the Secretary and the State, entitled ‘‘Memorandum of Under-
standing between the Bureau of Land Management and the Nevada
Department of Wildlife Supplement No. 9,’’ and signed November
and December 2003, including any amendments to that document
agreed upon by the Secretary and the State and subject to all
applicable laws and regulations. Any references to Clark County
in that document shall also be deemed to be referred to and shall
apply to Lincoln County, Nevada.
SEC. 210. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C.
1133), nothing in this title precludes a Federal, State, or local
agency from conducting wildfire management operations (including
operations using aircraft or mechanized equipment) to manage
wildfires in the wilderness areas designated by this title.
SEC. 211. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
prescribe, nothing in this title precludes the installation and mainte-
nance of hydrologic, meteorologic, or climatological collection devices
in the wilderness areas designated by this title if the facilities
and access to the facilities are essential to flood warning, flood
control, and water reservoir operation activities.
TITLE III—UTILITY CORRIDORS
SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) UTILITY CORRIDOR.—
H. R. 4593—11
(1) IN
GENERAL.—Consistent with title II and notwith-
standing sections 202 and 503 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1711, 1763), the Sec-
retary of the Interior (referred to in this section as the ‘‘Sec-
retary’’) shall establish on public land a 2,640-foot wide corridor
for utilities in Lincoln County and Clark County, Nevada, as
generally depicted on the map entitled ‘‘Lincoln County Con-
servation, Recreation, and Development Act’’, and dated October
1, 2004.
(2) AVAILABILITY.—Each map and legal description shall
be on file and available for public inspection in (as appro-
priate)—
(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 Manage-
ment; and
(D) the Caliente Field Station of the Bureau of Land
Management.
(b) RIGHTS-OF-WAY.—
(1) IN GENERAL.—Notwithstanding sections 202 and 503
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1711, 1763), and subject to valid and existing rights,
the Secretary shall grant to the Southern Nevada Water
Authority and the Lincoln County Water District nonexclusive
rights-of-way to Federal land in Lincoln County and Clark
County, Nevada, for any roads, wells, well fields, pipes, pipe-
lines, pump stations, storage facilities, or other facilities and
systems that are necessary for the construction and operation
of a water conveyance system, as depicted on the map.
(2) APPLICABLE LAW.—A right-of-way granted under para-
graph (1) shall be granted in perpetuity and shall not require
the payment of rental.
(3) COMPLIANCE WITH NEPA.—Before granting a right-of-
way under paragraph (1), the Secretary shall comply with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), including the identification and consideration of poten-
tial impacts to fish and wildlife resources and habitat.
(c) WITHDRAWAL.—Subject to valid existing rights, the utility
corridors designated by subsection (a) are withdrawn from—
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral leasing and geothermal leasing
laws.
(d) STATE WATER LAW.—Nothing in this title shall—
(1) prejudice the decisions or abrogate the jurisdiction of
the Nevada or Utah State Engineers with respect to the appro-
priation, permitting, certification, or adjudication of water
rights;
(2) preempt Nevada or Utah State water law; or
(3) limit or supersede existing water rights or interest
in water rights under Nevada or Utah State law.
(e) WATER RESOURCES STUDY.—
H. R. 4593—12
(1) IN GENERAL.—The Secretary, acting through the United
States Geological Survey, the Desert Research Institute, and
a designee from the State of Utah shall conduct a study to
investigate ground water quantity, quality, and flow character-
istics in the deep carbonate and alluvial aquifers of White
Pine County, Nevada, and any groundwater basins that are
located in White Pine County, Nevada, or Lincoln County,
Nevada, and adjacent areas in Utah. The study shall—
(A) focus on a review of existing data and may include
new data;
(B) determine the approximate volume of water stored
in aquifers in those areas;
(C) determine the discharge and recharge characteris-
tics of each aquifer system;
(D) determine the hydrogeologic and other controls that
govern the discharge and recharge of each aquifer system;
and
(E) develop maps at a consistent scale depicting aquifer
systems and the recharge and discharge areas of such
systems.
(2) TIMING; AVAILABILITY.—The Secretary shall complete
a draft of the water resources report required under paragraph
(1) not later than 30 months after the date of the enactment
of this Act. The Secretary shall then make the draft report
available for public comment for a period of not less than
60 days. The final report shall be submitted to the Committee
on Resources in the House of Representatives and the Com-
mittee on Energy and Natural Resources in the Senate and
made available to the public not later than 36 months after
the date of the enactment of this Act.
(3) AGREEMENT.—Prior to any transbasin diversion from
ground-water basins located within both the State of Nevada
and the State of Utah, the State of Nevada and the State
of Utah shall reach an agreement regarding the division of
water resources of those interstate ground-water flow system(s)
from which water will be diverted and used by the project.
The agreement shall allow for the maximum sustainable bene-
ficial use of the water resources and protect existing water
rights.
(4) FUNDING.—Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2346; 116
Stat. 2007; 117 Stat. 1317) is amended—
(A) in clauses (ii), (iv), and (v), by striking ‘‘County’’
each place it appears and inserting ‘‘and Lincoln Counties’’;
(B) in clause (vi), by striking ‘‘and’’ at the end;
(C) by redesignating clause (vii) as clause (viii); and
(D) by inserting after clause (vi) the following:
‘‘(vii) for development of a water study for Lincoln
and White Pine Counties, Nevada, in an amount not
to exceed $6,000,000; and’’.
SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS
LOCATED IN CLARK AND LINCOLN COUNTIES IN THE
STATE OF NEVADA.
(a) DEFINITIONS.—In this section: