H. R. 6111—103
(B) by striking paragraph (2) and inserting the fol-
lowing new paragraph: 
‘‘(2) USE OF FUNDS.—Any amount transferred under para-
graph (1) for any fiscal year shall be used to pay benefits 
and administrative costs of beneficiaries of the Combined Fund 
or for such other purposes as are specifically provided in the 
Acts described in paragraph (1).’’; and 
(C) by striking ‘‘FROM ABANDONED MINE RECLAMATION 
FUND’’ in the heading thereof. 
(2) MODIFICATIONS
OF
PREMIUMS
TO
REFLECT
FEDERAL 
TRANSFERS.—
(A) ELIMINATION OF UNASSIGNED BENEFICIARIES PRE-
MIUM.—Section 
9704(d) 
of 
such 
Code 
(establishing 
unassigned beneficiaries premium) is amended to read as 
follows: 
‘‘(d) UNASSIGNED BENEFICIARIES PREMIUM.—
‘‘(1) PLAN
YEARS
ENDING
ON
OR
BEFORE
SEPTEMBER
30, 
2006.—For plan years ending on or before September 30, 2006, 
the unassigned beneficiaries premium for any assigned operator 
shall be equal to the applicable percentage of the product 
of the per beneficiary premium for the plan year multiplied 
by the number of eligible beneficiaries who are not assigned 
under section 9706 to any person for such plan year. 
‘‘(2) PLAN YEARS BEGINNING ON OR AFTER OCTOBER 1, 2006.—
‘‘(A) IN GENERAL.—For plan years beginning on or after 
October 1, 2006, subject to subparagraph (B), there shall 
be no unassigned beneficiaries premium, and benefit costs 
with respect to eligible beneficiaries who are not assigned 
under section 9706 to any person for any such plan year 
shall be paid from amounts transferred under section 
9705(b). 
‘‘(B) INADEQUATE
TRANSFERS.—If, for any plan year 
beginning on or after October 1, 2006, the amounts trans-
ferred under section 9705(b) are less than the amounts 
required to be transferred to the Combined Fund under 
subsection (h)(2)(A) or (i) of section 402 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1232)), then the unassigned beneficiaries premium for any 
assigned operator shall be equal to the operator’s applicable 
percentage of the amount required to be so transferred 
which was not so transferred.’’. 
(B) PREMIUM ACCOUNTS.—
(i) CREDITING OF ACCOUNTS.—Section 9704(e)(1) of 
such Code (relating to premium accounts; adjustments) 
is amended by inserting ‘‘and amounts transferred 
under section 9705(b)’’ after ‘‘premiums received’’. 
(ii) 
SURPLUSES
ATTRIBUTABLE
TO
PUBLIC 
FUNDING.—Section 9704(e)(3)(A) of such Code is 
amended by adding at the end the following new sen-
tence: ‘‘Amounts credited to an account from amounts 
transferred under section 9705(b) shall not be taken 
into account in determining whether there is a surplus 
in the account for purposes of this paragraph.’’. 
(C) APPLICABLE
PERCENTAGE.—Section 9704(f)(2) of 
such Code (relating to annual adjustments) is amended 
by adding at the end the following new subparagraph:
H. R. 6111—104
‘‘(C) In the case of plan years beginning on or after 
October 1, 2007, the total number of assigned eligible bene-
ficiaries shall be reduced by the eligible beneficiaries whose 
assignments have been revoked under section 9706(h).’’. 
(3) ASSIGNMENTS AND REASSIGNMENT.—Section 9706 of the 
Internal Revenue Code of 1986 (relating to assignment of 
eligible beneficiaries) is amended by adding at the end the 
following: 
‘‘(h) ASSIGNMENTS AS OF OCTOBER 1, 2007.—
‘‘(1) IN GENERAL.—Subject to the premium obligation set 
forth in paragraph (3), the Commissioner of Social Security 
shall—
‘‘(A) revoke all assignments to persons other than 1988 
agreement operators for purposes of assessing premiums 
for plan years beginning on and after October 1, 2007; 
and 
‘‘(B) make no further assignments to persons other 
than 1988 agreement operators, except that no individual 
who becomes an unassigned beneficiary by reason of 
subparagraph (A) may be assigned to a 1988 agreement 
operator. 
‘‘(2) REASSIGNMENT UPON PURCHASE.—This subsection shall 
not be construed to prohibit the reassignment under subsection 
(b)(2) of an eligible beneficiary. 
‘‘(3) LIABILITY OF PERSONS DURING THREE FISCAL YEARS 
BEGINNING
ON
AND
AFTER
OCTOBER
1, 2007.—In the case of 
each of the fiscal years beginning on October 1, 2007, 2008, 
and 2009, each person other than a 1988 agreement operator 
shall pay to the Combined Fund the following percentage of 
the amount of annual premiums that such person would other-
wise be required to pay under section 9704(a), determined 
on the basis of assignments in effect without regard to the 
revocation of assignments under paragraph (1)(A): 
‘‘(A) For the fiscal year beginning on October 1, 2007, 
55 percent. 
‘‘(B) For the fiscal year beginning on October 1, 2008, 
40 percent. 
‘‘(C) For the fiscal year beginning on October 1, 2009, 
15 percent.’’. 
(4) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to plan years of the Combined Fund begin-
ning after September 30, 2006. 
(b) 1992 UMWA BENEFIT AND OTHER PLANS.—
(1) TRANSFERS TO PLANS.—Section 9712(a) of the Internal 
Revenue Code of 1986 (relating to the establishment and cov-
erage of the 1992 UMWA Benefit Plan) is amended by adding 
at the end the following: 
‘‘(3) TRANSFERS UNDER OTHER FEDERAL STATUTES.—
‘‘(A) IN GENERAL.—The 1992 UMWA Benefit Plan shall 
include any amount transferred to the plan under sub-
sections (h) and (i) of section 402 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1232). 
‘‘(B) USE OF FUNDS.—Any amount transferred under 
subparagraph (A) for any fiscal year shall be used to pro-
vide the health benefits described in subsection (c) with
H. R. 6111—105
respect to any beneficiary for whom no monthly per bene-
ficiary premium is paid pursuant to paragraph (1)(A) or 
(3) of subsection (d). 
‘‘(4) SPECIAL RULE FOR 1993 PLAN.—
‘‘(A) IN
GENERAL.—The plan described in section 
402(h)(2)(C) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall include any 
amount transferred to the plan under subsections (h) and 
(i) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1232). 
‘‘(B) USE OF FUNDS.—Any amount transferred under 
subparagraph (A) for any fiscal year shall be used to pro-
vide the health benefits described in section 402(h)(2)(C)(i) 
of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(h)(2)(C)(i)) to individuals described 
in 
section 
402(h)(2)(C) 
of 
such 
Act 
(30 
U.S.C. 
1232(h)(2)(C)).’’. 
(2) PREMIUM ADJUSTMENTS.—
(A) IN
GENERAL.—Section 9712(d)(1) of such Code 
(relating to guarantee of benefits) is amended to read as 
follows: 
‘‘(1) IN GENERAL.—All 1988 last signatory operators shall 
be responsible for financing the benefits described in subsection 
(c) by meeting the following requirements in accordance with 
the contribution requirements established in the 1992 UMWA 
Benefit Plan: 
‘‘(A) The payment of a monthly per beneficiary pre-
mium by each 1988 last signatory operator for each eligible 
beneficiary of such operator who is described in subsection 
(b)(2) and who is receiving benefits under the 1992 UMWA 
Benefit Plan. 
‘‘(B) The provision of a security (in the form of a 
bond, letter of credit, or cash escrow) in an amount equal 
to a portion of the projected future cost to the 1992 UMWA 
Benefit Plan of providing health benefits for eligible and 
potentially eligible beneficiaries attributable to the 1988 
last signatory operator. 
‘‘(C) If the amounts transferred under subsection (a)(3) 
are less than the amounts required to be transferred to 
the 1992 UMWA Benefit Plan under subsections (h) and 
(i) of section 402 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1232), the payment of 
an additional backstop premium by each 1988 last signa-
tory operator which is equal to such operator’s share of 
the amounts required to be so transferred but which were 
not so transferred, determined on the basis of the number 
of eligible and potentially eligible beneficiaries attributable 
to the operator.’’. 
(B) CONFORMING
AMENDMENTS.—Section 9712(d) of 
such Code is amended—
(i) in paragraph (2)(B), by striking ‘‘prefunding’’ 
and inserting ‘‘backstop’’, and 
(ii) in paragraph (3), by striking ‘‘paragraph (1)(B)’’ 
and inserting ‘‘paragraph (1)(A)’’. 
(C) EFFECTIVE DATE.—The amendments made by this 
paragraph shall apply to fiscal years beginning on or after 
October 1, 2010.
H. R. 6111—106
SEC. 213. OTHER PROVISIONS. 
(a) BOARD OF TRUSTEES.—Section 9702(b) of the Internal Rev-
enue Code of 1986 (relating to board of trustees of the Combined 
Fund) is amended to read as follows: 
‘‘(b) BOARD OF TRUSTEES.—
‘‘(1) IN GENERAL.—For purposes of subsection (a), the board 
of trustees for the Combined Fund shall be appointed as fol-
lows—
‘‘(A) 2 individuals who represent employers in the coal 
mining industry shall be designated by the BCOA; 
‘‘(B) 2 individuals designated by the United Mine 
Workers of America; and 
‘‘(C) 3 individuals selected by the individuals appointed 
under subparagraphs (A) and (B). 
‘‘(2) SUCCESSOR TRUSTEES.—Any successor trustee shall be 
appointed in the same manner as the trustee being succeeded. 
The plan establishing the Combined Fund shall provide for 
the removal of trustees. 
‘‘(3) SPECIAL
RULE.—If the BCOA ceases to exist, any 
trustee or successor under paragraph (1)(A) shall be designated 
by the 3 employers who were members of the BCOA on the 
enactment date and who have been assigned the greatest 
number of eligible beneficiaries under section 9706.’’. 
(b) ENFORCEMENT OF OBLIGATIONS.—
(1) FAILURE
TO
PAY
PREMIUMS.—Section 9707(a) of the 
Internal Revenue Code of 1986 is amended to read as follows: 
‘‘(a) FAILURES TO PAY.—
‘‘(1) PREMIUMS
FOR
ELIGIBLE
BENEFICIARIES.—There is 
hereby imposed a penalty on the failure of any assigned oper-
ator to pay any premium required to be paid under section 
9704 with respect to any eligible beneficiary. 
‘‘(2) CONTRIBUTIONS REQUIRED UNDER THE MINING LAWS.—
There is hereby imposed a penalty on the failure of any person 
to make a contribution required under section 402(h)(5)(B)(ii) 
of the Surface Mining Control and Reclamation Act of 1977 
to a plan referred to in section 402(h)(2)(C) of such Act. For 
purposes of applying this section, each such required monthly 
contribution for the hours worked of any individual shall be 
treated as if it were a premium required to be paid under 
section 9704 with respect to an eligible beneficiary.’’. 
(2) CIVIL
ENFORCEMENT.—Section 9721 of such Code is 
amended to read as follows: 
‘‘SEC. 9721. CIVIL ENFORCEMENT. 
‘‘The provisions of section 4301 of the Employee Retirement 
Income Security Act of 1974 shall apply, in the same manner 
as any claim arising out of an obligation to pay withdrawal liability 
under subtitle E of title IV of such Act, to any claim—
‘‘(1) arising out of an obligation to pay any amount required 
to be paid by this chapter; or 
‘‘(2) arising out of an obligation to pay any amount required 
by section 402(h)(5)(B)(ii) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(h)(5)(B)(ii)).’’.
H. R. 6111—107
TITLE III—WHITE PINE COUNTY CON-
SERVATION, RECREATION, AND DE-
VELOPMENT 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this title. 
SEC. 302. SHORT TITLE. 
This title may be cited as the ‘‘White Pine County Conservation, 
Recreation, and Development Act of 2006’’. 
SEC. 303. DEFINITIONS. 
In this title: 
(1) COUNTY.—The term ‘‘County’’ means White Pine 
County, Nevada. 
(2) SECRETARY.—The term ‘‘Secretary’’ means—
(A) with respect to land in the National Forest System, 
the Secretary of Agriculture; and 
(B) with respect to other Federal land, the Secretary 
of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State of Nevada. 
Subtitle A—Land Disposal 
SEC. 311. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND. 
(a) IN GENERAL.—Notwithstanding sections 202 and 203 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), the Secretary, in cooperation with the County, in 
accordance with that Act, this subtitle, and other applicable law 
and subject to valid existing rights, shall, at such time as the 
parcels of Federal land become available for disposal, conduct sales 
of the parcels of Federal land described in subsection (b) to qualified 
bidders. 
(b) DESCRIPTION OF LAND.—The parcels of Federal land referred 
to in subsection (a) consist of not more than 45,000 acres of Bureau 
of Land Management land in the County that—
(1) is not segregated or withdrawn on or after the date 
of enactment of this Act, unless the land is withdrawn in 
accordance with subsection (h); and 
(2) is identified for disposal by the Bureau of Land Manage-
ment through—
(A) the Ely Resource Management Plan; or 
(B) a subsequent amendment to the management plan 
that is undertaken with full public involvement. 
(c) AVAILABILITY.—The map and any legal descriptions of the 
Federal land conveyed under this section shall be on file and avail-
able for public inspection in—
(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; and 
(3) the Ely Field Office of the Bureau of Land Management.
H. R. 6111—108
(d) JOINT SELECTION REQUIRED.—The Secretary and the County 
shall jointly select which parcels of Federal land described in sub-
section (b) to offer for sale under subsection (a). 
(e) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.—
Before a sale of Federal 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 Federal 
land under subsection (a) shall be—
(1) consistent with subsections (d) and (f) of section 203 
of the Federal Land Management Policy Act of 1976 (43 U.S.C. 
1713); 
(2) unless otherwise determined by the Secretary, through 
a competitive bidding process; and 
(3) for not less than fair market value. 
(g) RECREATION AND PUBLIC PURPOSES ACT CONVEYANCES.—
(1) IN GENERAL.—Not later than 30 days before land is 
offered for sale under subsection (a), the State or County may 
elect to obtain any of the land for local public purposes in 
accordance with the Act of June 14, 1926 (commonly known 
as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 
et seq.). 
(2) RETENTION.—Pursuant to an election made under para-
graph (1), the Secretary shall retain the elected land for convey-
ance to the State or County in accordance with the Act of 
June 14, 1926 (commonly known as the ‘‘Recreation and Public 
Purposes Act’’) (43 U.S.C. 869 et seq.). 
(h) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights and except 
as provided in paragraph (2), the Federal land described in 
subsection (b) is withdrawn from—
(A) all forms of entry and appropriation under the 
public land laws and mining laws; 
(B) location and patent under the mining laws; and 
(C) operation of the mineral laws, geothermal leasing 
laws, and mineral material laws. 
(2) EXCEPTION.—Paragraph (1)(A) shall not apply to sales 
made consistent with this section or an election by the County 
or the State to obtain the land described in subsection (b) 
for public purposes under the Act of June 14, 1926 (commonly 
known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 
869 et seq.). 
(i) DEADLINE FOR SALE.—
(1) IN GENERAL.—Except as provided in paragraph (2), not 
later than 1 year after the date of the signing of the record 
of decision authorizing the implementation of the Ely Resource 
Management Plan and annually thereafter until the Federal 
land described in subsection (b) is disposed of or the County 
requests a postponement under paragraph (2), the Secretary 
shall offer for sale the Federal land described in subsection 
(b). 
(2) POSTPONEMENT; EXCLUSION FROM SALE.—
(A) REQUEST BY COUNTY FOR POSTPONEMENT OR EXCLU-
SION.—At the request of the County, the Secretary shall
H. R. 6111—109
postpone or exclude from the sale all or a portion of the 
land described in subsection (b). 
(B) INDEFINITE
POSTPONEMENT.—Unless specifically 
requested by the County, a postponement under subpara-
graph (A) shall not be indefinite. 
SEC. 312. DISPOSITION OF PROCEEDS. 
Of the proceeds from the sale of Federal land described in 
section 311(b)—
(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, education, public safety, 
housing, social services, transportation, and planning; and 
(3) the remainder shall be deposited in a special account 
in the Treasury of the United States, to be known as the 
‘‘White Pine County Special Account’’ (referred to in this subtitle 
as the ‘‘special account’’), 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 Federal 
land described in section 311(b), including the costs of 
surveys and appraisals and compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321) and 
sections 202 and 203 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712, 1713); 
(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 reimbursement of costs incurred by the Depart-
ment of the Interior for preparing and carrying out the 
transfers of land to be held in trust by the United States 
under section 361; 
(D) conducting a study of routes for the Silver State 
Off-Highway Vehicle Trail as required by section 355(a); 
(E) developing and implementing the Silver State Off-
Highway Vehicle Trail management plan described in sec-
tion 355(c); 
(F) wilderness protection and processing wilderness 
designations, including the costs of appropriate fencing, 
signage, public education, and enforcement for the wilder-
ness areas designated; 
(G) if the Secretary determines necessary, developing 
and implementing conservation plans for endangered or 
at risk species in the County; and 
(H) carrying out a study to assess non-motorized recre-
ation opportunities on Federal land in the County. 
Subtitle B—Wilderness Areas 
SEC. 321. SHORT TITLE. 
This subtitle may be cited as the ‘‘Pam White Wilderness Act 
of 2006’’.
H. R. 6111—110
SEC. 322. 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. 323. 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) MT. MORIAH WILDERNESS ADDITION.—Certain Federal 
land managed by the Forest Service and the Bureau of Land 
Management, comprising approximately 11,261 acres, as gen-
erally depicted on the map entitled ‘‘Eastern White Pine 
County’’ and dated November 29, 2006, is incorporated in, 
and shall be managed as part of, the Mt. Moriah Wilderness, 
as designated by section 2(13) of the Nevada Wilderness Protec-
tion Act of 1989 (16 U.S.C. 1132 note; Public Law 101–195). 
(2) MOUNT GRAFTON WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 78,754 acres, as generally depicted on the map 
entitled ‘‘Southern White Pine County’’ and dated November 
29, 2006, which shall be known as the ‘‘Mount Grafton Wilder-
ness’’. 
(3) SOUTH EGAN RANGE WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 67,214 acres, as generally depicted on the map 
entitled ‘‘Southern White Pine County’’ and dated November 
29, 2006, which shall be known as the ‘‘South Egan Range 
Wilderness’’. 
(4) HIGHLAND RIDGE WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management and the Forest 
Service, comprising approximately 68,627 acres, as generally 
depicted on the map entitled ‘‘Southern White Pine County’’ 
and dated November 29, 2006, which shall be known as the 
‘‘Highland Ridge Wilderness’’. 
(5) GOVERNMENT PEAK WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 6,313 acres, as generally depicted on the map 
entitled ‘‘Eastern White Pine County’’ and dated November 
29, 2006, which shall be known as the ‘‘Government Peak 
Wilderness’’. 
(6) CURRANT
MOUNTAIN
WILDERNESS
ADDITION.—Certain 
Federal land managed by the Forest Service, comprising 
approximately 10,697 acres, as generally depicted on the map 
entitled ‘‘Western White Pine County’’ and dated November
H. R. 6111—111
29, 2006, is incorporated in, and shall be managed as part 
of, the ‘‘Currant Mountain Wilderness’’, as designated by section 
2(4) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 
1132 note; Public Law 101–195). 
(7) RED
MOUNTAIN
WILDERNESS.—Certain Federal land 
managed by the Forest Service, comprising approximately 
20,490 acres, as generally depicted on the map entitled 
‘‘Western White Pine County’’ and dated November 29, 2006, 
which shall be known as the ‘‘Red Mountain Wilderness’’. 
(8) BALD
MOUNTAIN
WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management and the Forest 
Service, comprising approximately 22,366 acres, as generally 
depicted on the map entitled ‘‘Western White Pine County’’ 
and dated November 29, 2006, which shall be known as the 
‘‘Bald Mountain Wilderness’’. 
(9) WHITE PINE RANGE WILDERNESS.—Certain Federal land 
managed by the Forest Service, comprising approximately 
40,013 acres, as generally depicted on the map entitled 
‘‘Western White Pine County’’ and dated November 29, 2006, 
which shall be known as the ‘‘White Pine Range Wilderness’’. 
(10) SHELLBACK WILDERNESS.—Certain Federal land man-
aged by the Forest Service, comprising approximately 36,143 
acres, as generally depicted on the map entitled ‘‘Western White 
Pine County’’ and dated November 29, 2006, which shall be 
known as the ‘‘Shellback Wilderness’’. 
(11) HIGH
SCHELLS
WILDERNESS.—Certain Federal land 
managed by the Forest Service, comprising approximately 
121,497 acres, as generally depicted on the map entitled 
‘‘Eastern White Pine County’’ and dated November 29, 2006, 
which shall be known as the ‘‘High Schells Wilderness’’. 
(12) BECKY PEAK WILDERNESS.—Certain Federal land man-
aged by the Bureau of Land Management, comprising approxi-
mately 18,119 acres, as generally depicted on the map entitled 
‘‘Northern White Pine County’’ and dated November 29, 2006, 
which shall be known as the ‘‘Becky Peak Wilderness’’. 
(13) GOSHUTE CANYON WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 42,544 acres, as generally depicted on the map 
entitled ‘‘Northern White Pine County’’ and dated November 
29, 2006, which shall be known as the ‘‘Goshute Canyon Wilder-
ness’’. 
(14) BRISTLECONE
WILDERNESS.—Certain Federal land 
managed by the Bureau of Land Management, comprising 
approximately 14,095 acres, as generally depicted on the map 
entitled ‘‘Eastern White Pine County’’ and dated November 
29, 2006, which shall be known as the ‘‘Bristlecone 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 Energy and Natural 
Resources of the Senate and the Committee on Resources of 
the House of Representatives.
H. R. 6111—112
(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 the appropriate 
offices of—
(A) the Bureau of Land Management; 
(B) the Forest Service; and 
(C) the National Park Service. 
(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. 
(e) MT. MORIAH WILDERNESS BOUNDARY ADJUSTMENT.—The 
boundary of the Mt. Moriah Wilderness established under section 
2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 
1132 note; Public Law 101–195) is adjusted to include only the 
land identified as the ‘‘Mount Moriah Wilderness Area’’ and ‘‘Mount 
Moriah Additions’’ on the map entitled ‘‘Eastern White Pine County’’ 
and dated November 29, 2006. 
SEC. 324. ADMINISTRATION. 
(a) MANAGEMENT.—Subject to valid existing rights, each area 
designated as wilderness by this subtitle 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 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 Agri-
culture or the Secretary of the Interior, as appropriate. 
(b) LIVESTOCK.—Within the wilderness areas designated under 
this subtitle that are administered by the Bureau of Land Manage-
ment and the Forest Service, 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—
(1) subject to such reasonable regulations, policies, and 
practices that the Secretary considers necessary; and 
(2) 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 INTERESTS.—Any 
land or interest in land within the boundaries of an area designated 
as wilderness by this subtitle that is acquired by the United States 
after the date of 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 subtitle 
is located—
H. R. 6111—113
(i) in the semiarid region of the Great Basin; and 
(ii) at the headwaters of the streams and rivers 
on land with respect to which there are few if any—
(I) actual or proposed water resource facilities 
located upstream; and 
(II) opportunities for diversion, storage, or 
other uses of water occurring outside the land 
that would adversely affect the wilderness values 
of the land; 
(B) the land designated as wilderness by this subtitle 
is generally not suitable for use or development of new 
water resource facilities; and 
(C) because of the unique nature of the land designated 
as wilderness by this subtitle, it is possible to provide 
for proper management and protection of the wilderness 
and other values of land in ways different from those 
used in other laws. 
(2) PURPOSE.—The purpose of this section is to protect 
the wilderness values of the land designated as wilderness 
by this subtitle by means other than a federally reserved water 
right. 
(3) STATUTORY CONSTRUCTION.—Nothing in this subtitle—
(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 a wilderness 
designated by this subtitle; 
(B) shall affect any water rights in the State (including 
any water rights held by the United States) in existence 
on the date of enactment of this Act; 
(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 interstate compact or equitable apportion-
ment decree that apportions water among and between 
the State and other States. 
(4) NEVADA WATER LAW.—The Secretary shall follow the 
procedural and substantive requirements of State law 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 subtitle. 
(5) NEW PROJECTS.—
(A) DEFINITION OF WATER RESOURCE FACILITY.—In this 
paragraph, the term ‘‘water resource facility’’—
(i) means irrigation and pumping facilities, res-
ervoirs, water conservation works, aqueducts, canals, 
ditches, pipelines, wells, hydropower projects, trans-
mission 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 title, on or 
after the date of enactment of this Act, neither the Presi-
dent 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
H. R. 6111—114
facility within a wilderness area that is wholly or partially 
within the County. 
SEC. 325. ADJACENT MANAGEMENT. 
(a) IN GENERAL.—Congress does not intend for the designation 
of wilderness in the State by this subtitle 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 subtitle shall not preclude the conduct 
of those activities or uses outside the boundary of the wilderness 
area. 
SEC. 326. MILITARY OVERFLIGHTS. 
Nothing in this subtitle restricts or precludes—
(1) low-level overflights of military aircraft over the areas 
designated as wilderness by this subtitle, including military 
overflights that can be seen or heard within the wilderness 
areas; 
(2) flight testing and evaluation; or 
(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. 327. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. 
Nothing in this subtitle shall be construed to diminish—
(1) the rights of any Indian tribe; or 
(2) tribal rights regarding access to Federal land for tribal 
activities, including spiritual, cultural, and traditional food-
gathering activities. 
SEC. 328. 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 Bureau of Land Management land has been 
adequately studied for wilderness designation in any portion of 
the wilderness study areas or instant study areas—
(1) not designated as wilderness by section 323(a), 
excluding the portion of the Goshute Canyon Wilderness Study 
Area located outside of the County; and 
(2) depicted as released on the maps entitled—
(A) ‘‘Eastern White Pine County’’ and dated November 
29, 2006; 
(B) ‘‘Northern White Pine County’’ and dated November 
29, 2006; 
(C) ‘‘Southern White Pine County’’ and dated November 
29, 2006; and 
(D) ‘‘Western White Pine County’’ and dated November 
29, 2006. 
(b) RELEASE.—
(1) IN GENERAL.—Any public land described in subsection 
(a) that is not designated as wilderness by this subtitle—
(A) is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)); 
(B) shall be managed in accordance with—
H. R. 6111—115
(i) land management plans adopted under section 
202 of that Act (43 U.S.C. 1712); and 
(ii) cooperative conservation agreements in exist-
ence on the date of enactment of this Act; and 
(C) shall be subject to the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.). 
(2) EXCEPTION.—The requirements described in paragraph 
(1) shall not apply to the portion of the Goshute Canyon Wilder-
ness Study Area located outside of the County. 
SEC. 329. 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 subtitle affects 
the jurisdiction of the State with respect to fish and wildlife manage-
ment, including the regulation of hunting, fishing, and trapping, 
in the wilderness areas designated by this subtitle. 
(b) MANAGEMENT ACTIVITIES.—In furtherance of the purposes 
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
the Secretary may conduct such management activities as are nec-
essary to maintain or restore fish and wildlife populations and 
habitats in the wilderness areas designated by this subtitle if those 
activities are conducted—
(1) consistent with relevant wilderness management plans; 
and 
(2) in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and 
(B) appropriate policies such as those set forth in 
Appendix B of House Report 101–405, including the occa-
sional and temporary use of motorized vehicles if the use, 
as determined by the Secretary, would promote healthy, 
viable, and more naturally distributed wildlife populations 
that would enhance wilderness values and accomplish those 
tasks with the minimal impact necessary to reasonably 
accomplish those tasks. 
(c) EXISTING ACTIVITIES.—Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)) 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, feral horses, and feral 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 subtitle 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.—
(1) IN GENERAL.—The Secretary may designate by regula-
tion areas in which, and establish periods during which, for 
reasons of public safety, administration, or compliance with 
applicable laws, no hunting, fishing, or trapping will be per-
mitted in the wilderness areas designated by this subtitle.
H. R. 6111—116
(2) CONSULTATION.—Except in emergencies, the Secretary 
shall consult with the appropriate State agency before promul-
gating regulations under paragraph (1). 
(f) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—The State (including a designee of the 
State) may conduct wildlife management activities in the 
wilderness areas designated by this subtitle—
(A) in accordance with the terms and conditions speci-
fied in the cooperative agreement between the Secretary 
and the State, entitled ‘‘Memorandum of Understanding 
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 the cooperative agreement agreed to by the Secretary 
and the State; and 
(B) subject to all applicable laws and regulations. 
(2) REFERENCES.—
(A) CLARK COUNTY.—For purposes of this subsection, 
any references to Clark County in the cooperative agree-
ment described in paragraph (1)(A) shall be considered 
to be references to White Pine County, Nevada. 
(B) BUREAU OF LAND MANAGEMENT.—For purposes of 
this subsection, any references to the Bureau of Land 
Management in the cooperative agreement described in 
paragraph (1)(A) shall also be considered to be references 
to the Forest Service. 
SEC. 330. WILDFIRE, INSECT, AND DISEASE MANAGEMENT. 
Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), the Secretary may take such measures as may be 
necessary in the control of fire, insects, and diseases, including 
coordination with a State or local agency, as the Secretary deems 
appropriate. 
SEC. 331. CLIMATOLOGICAL DATA COLLECTION. 
If the Secretary determines that hydrologic, meteorologic, or 
climatological collection devices are appropriate to further the sci-
entific, educational, and conservation purposes of the wilderness 
areas designated by this subtitle, nothing in this subtitle precludes 
the installation and maintenance of the collection devices within 
the wilderness areas. 
Subtitle C—Transfers of Administrative 
Jurisdiction 
SEC. 341. TRANSFER TO THE UNITED STATES FISH AND WILDLIFE 
SERVICE. 
(a) IN GENERAL.—Administrative jurisdiction over the land 
described in subsection (b) is transferred from the Bureau of Land 
Management to the United States Fish and Wildlife Service for 
inclusion in the Ruby Lake National Wildlife Refuge. 
(b) DESCRIPTION OF LAND.—The parcel of land referred to in 
subsection (a) is approximately 645 acres of land administered 
by the Bureau of Land Management and identified on the map 
entitled ‘‘Ruby Lake Land Transfer’’ and dated July 10, 2006, as 
‘‘Lands to be transferred to the Fish and Wildlife Service’’.
H. R. 6111—117
SEC. 342. TRANSFER TO THE BUREAU OF LAND MANAGEMENT. 
(a) IN GENERAL.—Subject to subsection (c), administrative juris-
diction over the parcels of land described in subsection (b) is trans-
ferred from the Forest Service to the Bureau of Land Management. 
(b) DESCRIPTION
OF LAND.—The parcels of land referred to 
in subsection (a) are—
(1) the land administered by the Forest Service and identi-
fied on the map entitled ‘‘Southern White Pine County’’ and 
dated November 29, 2006, as ‘‘Withdrawal Area’’; 
(2) the land administered by the Forest Service and identi-
fied on the map entitled ‘‘Southern White Pine County’’ and 
dated November 29, 2006, as ‘‘Highland Ridge Wilderness’’; 
and 
(3) all other Federal land administered by the Forest 
Service that is located adjacent to the Highland Ridge Wilder-
ness. 
(c) CONTINUATION OF COOPERATIVE AGREEMENTS.—Any existing 
Forest Service cooperative agreement or permit in effect on the 
date of enactment of this Act relating to a parcel of land to which 
administrative jurisdiction is transferred by subsection (a) shall 
be continued by the Bureau of Land Management unless there 
is reasonable cause to terminate the agreement or permit, as deter-
mined by the Secretary. 
(d) WITHDRAWAL.—Subject to valid existing rights, all Federal 
land within the Withdrawal Area is withdrawn from all forms 
of—
(1) entry, appropriation, or disposal under the public land 
laws; 
(2) location, entry, and patent under the mining laws; 
and 
(3) operation of the mineral laws, geothermal leasing laws, 
and mineral materials laws. 
(e) MOTORIZED AND MECHANICAL VEHICLES.—Use of motorized 
and mechanical vehicles in the withdrawal area designated by 
this subtitle shall be permitted only on roads and trails designated 
for their use, unless the use of those vehicles is needed—
(1) for administrative purposes; or 
(2) to respond to an emergency. 
SEC. 343. TRANSFER TO THE FOREST SERVICE. 
(a) IN GENERAL.—Subject to subsection (c), administrative juris-
diction over the parcels of land described in subsection (b) is trans-
ferred from the Bureau of Land Management to the Forest Service. 
(b) DESCRIPTION
OF LAND.—The parcels of land referred to 
in subsection (a) are the approximately 5,799 acres of land adminis-
tered by the Bureau of Land Management and identified on the 
map entitled ‘‘Western White Pine County’’, dated November 29, 
2006, as the BLM Public Land Transfer to the US Forest Service. 
(c) CONTINUATION OF COOPERATIVE AGREEMENTS.—Any existing 
Bureau of Land Management cooperative agreement or permit in 
effect on the date of enactment of this Act relating to a parcel 
of land to which administrative jurisdiction is transferred by sub-
section (a) shall be continued by the Forest Service unless there 
is reasonable cause to terminate the agreement or permit, as deter-
mined by the Secretary.
H. R. 6111—118
SEC. 344. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS. 
The maps of the land transferred by this subtitle shall be 
on file and available for public inspection in the appropriate offices 
of—
(1) the Bureau of Land Management; 
(2) the Forest Service; 
(3) the National Park Service; and 
(4) the United States Fish and Wildlife Service. 
Subtitle D—Public Conveyances 
SEC. 351. CONVEYANCE TO THE STATE OF NEVADA. 
(a) CONVEYANCE.—Notwithstanding section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
Secretary shall convey to the State, subject to valid existing rights, 
for no consideration, all right, title, and interest of the United 
States in and to the parcels of land described in subsection (b) 
if the State and the County enter into a written agreement sup-
porting the conveyance. 
(b) DESCRIPTION
OF LAND.—The parcels of land referred to 
in subsection (a) are—
(1) the approximately 6,281 acres of Bureau of Land 
Management land identified as ‘‘Steptoe Valley Wildlife 
Management Area Expansion Proposal’’ on the map entitled 
‘‘Ely, Nevada Area’’ and dated November 29, 2006; 
(2) the approximately 658 acres of Bureau of Land Manage-
ment land identified as ‘‘Ward Charcoal Ovens Expansion’’ 
on the map entitled ‘‘Ely, Nevada Area’’ and dated November 
29, 2006; and 
(3) the approximately 2,960 acres of Forest Service identi-
fied as ‘‘Cave Lake State Park Expansion’’ on the map entitled 
‘‘Ely, Nevada Area’’ and dated November 29, 2006. 
(c) COSTS.—Any costs relating to a conveyance under subsection 
(a), including costs for surveys and other administrative costs, shall 
be paid by the State. 
(d) USE OF LAND.—
(1) IN GENERAL.—Any parcel of land conveyed to the State 
under subsection (a) shall be used only for—
(A) the conservation of wildlife or natural resources; 
or 
(B) a public park. 
(2) FACILITIES.—Any facility on a parcel of land conveyed 
under subsection (a) shall be constructed and managed in a 
manner consistent with the uses described in paragraph (1). 
(e) REVERSION.—If a parcel of land conveyed under subsection 
(a) is used in a manner that is inconsistent with the uses described 
in subsection (d), the parcel of land shall, at the discretion of 
the Secretary, revert to the United States. 
SEC. 352. CONVEYANCE TO WHITE PINE COUNTY, NEVADA. 
(a) IN GENERAL.—Notwithstanding section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
Secretary shall convey to the County, without consideration, all 
right, title, and interest of the United States in and to the parcels 
of land described in subsection (b).
H. R. 6111—119
(b) DESCRIPTION
OF LAND.—The parcels of land referred to 
in subsection (a) are—
(1) the approximately 1,551 acres of land identified on 
the map entitled ‘‘Ely, Nevada Area’’, dated November 29, 
2006, as the Airport Expansion; and 
(2) the approximately 202 acres of land identified on the 
map entitled ‘‘Ely, Nevada Area’’, dated November 29, 2006, 
as the Industrial Park Expansion. 
(c) AUTHORIZED USES.—
(1) AIRPORT EXPANSION.—The parcel of land described in 
subsection (b)(1) shall be used by the County to expand the 
Ely Airport. 
(2) INDUSTRIAL
PARK
EXPANSION.—The parcel of land 
described in subsection (b)(2) shall be used by the County 
to expand the White Pine County Industrial Park. 
(3) USE OF CERTAIN LAND FOR NONRESIDENTIAL DEVELOP-
MENT.—
(A) IN GENERAL.—After conveyance to the County of 
the land described in subsection (b), the County may sell, 
lease, or otherwise convey any portion of the land conveyed 
for purposes of nonresidential development relating to the 
authorized uses described in paragraphs (1) and (2). 
(B) METHOD OF SALE.—The sale, lease, or conveyance 
of land under subparagraph (A) shall be—
(i) through a competitive bidding process; and 
(ii) for not less than fair market value. 
(C) DISPOSITION
OF
PROCEEDS.—The gross proceeds 
from the sale, lease, or conveyance of land under subpara-
graph (A) shall be distributed in accordance with section 
312. 
(d) REVERSION.—If a parcel of land conveyed under subsection 
(a) is used in a manner that is inconsistent with the use described 
for the parcel in paragraph (1), (2), or (3) of subsection (c), the 
parcel of land shall, at the discretion of the Secretary, revert to 
the United States. 
Subtitle E—Silver State Off-Highway 
Vehicle Trail 
SEC. 355. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. 
(a) STUDY.—
(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall complete a study 
of routes (with emphasis on roads and trails in existence on 
the date of enactment of this Act) in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for the Silver State Off-Highway Vehicle Trail (referred 
to in this section as the ‘‘Trail’’). 
(2) PREFERRED
ROUTE.—Based on the study conducted 
under paragraph (1), the Secretary, in consultation with the 
State, the County, and any interested persons, shall identify 
the preferred route for the Trail. 
(b) DESIGNATION OF TRAIL.—
(1) IN GENERAL.—Subject to paragraph (2), not later than 
90 days after the date on which the study is completed under 
subsection (a), the Secretary shall designate the Trail.
H. R. 6111—120
(2) LIMITATIONS.—The Secretary shall designate the Trail 
only if the Secretary—
(A) determines that the route of the Trail would not 
have significant negative impacts on wildlife, natural or 
cultural resources, or traditional uses; and 
(B) ensures that the Trail designation—
(i) is an effort to extend the Silver State Off-
Highway Vehicle Trail designated under section 401(b) 
of the Lincoln County Conservation, Recreation, and 
Development Act of 2004 (16 U.S.C. 1244 note; Public 
Law 108–424); and 
(ii) is limited to—
(I) 1 route that generally runs in a north-
south direction; and 
(II) 1 potential spur running west. 
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Trail 
in a manner that—
(A) is consistent with any motorized and mechanized 
uses of the Trail that are authorized on the date of enact-
ment of this Act under applicable Federal and State laws 
(including regulations); 
(B) ensures the safety of the individuals who use the 
Trail; and 
(C) does not damage sensitive wildlife habitat, natural, 
or cultural resources. 
(2) MANAGEMENT PLAN.—
(A) IN
GENERAL.—Not later than 2 years after the 
date of designation of the Trail, the Secretary, in consulta-
tion with the State, the County, and any other interested 
persons, shall complete a management plan for the Trail. 
(B) COMPONENTS.—The management plan shall—
(i) describe the appropriate uses and management 
of the Trail; 
(ii) authorize the use of motorized and mechanized 
vehicles on the Trail; and 
(iii) describe actions carried out to periodically 
evaluate and manage the appropriate levels of use 
and location of the Trail to minimize environmental 
impacts and prevent damage to cultural resources from 
the use of the Trail. 
(3) MONITORING AND EVALUATION.—
(A) 
ANNUAL
ASSESSMENT.—The 
Secretary 
shall 
annually assess—
(i) the effects of the use of off-highway vehicles 
on the Trail to minimize environmental impacts and 
prevent damage to cultural resources from the use 
of the Trail; and 
(ii) in consultation with the Nevada Department 
of Wildlife, the effects of the Trail on wildlife and 
wildlife habitat to minimize environmental impacts 
from the use of the Trail. 
(B) CLOSURE.—The Secretary, in consultation with the 
State and the County and subject to subparagraph (C), 
may temporarily close or permanently reroute a portion 
of the Trail if the Secretary determines that—
(i) the Trail is having an adverse impact on—
H. R. 6111—121
(I) wildlife habitats; 
(II) natural resources; 
(III) cultural resources; or 
(IV) traditional uses; 
(ii) the Trail threatens public safety; 
(iii) closure of the Trail is necessary to repair 
damage to the Trail; or 
(iv) closure of the Trail is necessary to repair 
resource damage. 
(C) REROUTING.—Any portion of the Trail that is 
temporarily closed may be permanently rerouted along 
existing roads and trails on public land open to motorized 
use if the Secretary determines that rerouting the portion 
of the Trail would not significantly increase or decrease 
the length of the Trail. 
(D) NOTICE.—The Secretary shall provide information 
to the public with respect to any routes on the Trail that 
are closed under subparagraph (B), including through the 
provision of appropriate signage along the Trail. 
(4) NOTICE OF OPEN ROUTES.—The Secretary shall ensure 
that visitors to the Trail have access to adequate notice relating 
to the routes on the Trail that are open through—
(A) the provision of appropriate signage along the Trail; 
and 
(B) the distribution of maps, safety education mate-
rials, and any other information that the Secretary deter-
mines to be appropriate. 
(d) NO EFFECT
ON NON-FEDERAL LAND
AND INTERESTS
IN 
LAND.—Nothing in this section affects the ownership or manage-
ment of, or other rights relating to, non-Federal land or interests 
in non-Federal land. 
Subtitle F—Transfer of Land to Be Held in 
Trust for the Ely Shoshone Tribe. 
SEC. 361. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY 
SHOSHONE TRIBE. 
(a) IN GENERAL.—Subject to valid existing rights, all right, 
title, and interest of the United States in and to the land described 
in subsection (b)—
(1) shall be held in trust by the United States for the 
benefit of the Ely Shoshone Tribe (referred to in this section 
as the ‘‘Tribe’’); and 
(2) shall be part of the reservation of the Tribe. 
(b) DESCRIPTION OF LAND.—The land referred to in subsection 
(a) consists of parcels 1, 2, 3, and 4, totaling the approximately 
3,526 acres of land that are identified on—
(1) the Ely, Nevada Area map dated November 29, 2006; 
and 
(2) the Eastern White Pine County map dated November 
29, 2006, as the ‘‘Ely Shoshone Expansion’’. 
(c) SURVEY.—Not later than 180 days after the date of enact-
ment of this Act, the Bureau of Land Management shall complete 
a survey of the boundary lines to establish the boundaries of the 
trust land. 
(d) CONDITIONS.—
H. R. 6111—122
(1) GAMING.—Land taken into trust under subsection (a) 
shall not be—
(A) considered to have been taken into trust for gaming 
(as that term is used in the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.)); and 
(B) used for gaming. 
(2) TRUST LAND FOR CEREMONIAL USE.—With respect to 
the use of the land identified on the map as ‘‘Ely Shoshone 
Expansion’’ and marked as ‘‘3’’, the Tribe—
(A) shall limit the use of the surface of the land to 
traditional and customary uses and stewardship conserva-
tion for the benefit of the Tribe; and 
(B) shall not permit any permanent residential or rec-
reational development on, or commercial use of, the surface 
of the land, including commercial development or gaming. 
(3) THINNING; LANDSCAPE RESTORATION.—With respect to 
land taken into trust under subsection (a), the Forest Service 
and the Bureau of Land Management may, in consultation 
and coordination with the Tribe, carry out any thinning and 
other landscape restoration work on the trust land that is 
beneficial to the Tribe and the Forest Service or the Bureau 
of Land Management. 
Subtitle G—Eastern Nevada Landscape 
Restoration Project. 
SEC. 371. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) there is an increasing threat of wildfire in the Great 
Basin; 
(2) those wildfires—
(A) endanger homes and communities; 
(B) damage or destroy watersheds and soils; and 
(C) pose a serious threat to the habitat of threatened 
and endangered species; 
(3) forest land and rangeland in the Great Basin are 
degraded as a direct consequence of land management practices 
(including practices to control and prevent wildfires) that dis-
rupt the occurrence of frequent low-intensity fires that have 
periodically removed flammable undergrowth; and 
(4) additional scientific information is needed in the Great 
Basin for—
(A) the design, implementation, and adaptation of land-
scape-scale restoration treatments; and 
(B) the improvement of wildfire management tech-
nology and practices. 
(b) PURPOSES.—The purposes of this subtitle are to—
(1) support the Great Basin Restoration Initiative through 
the implementation of the Eastern Nevada Landscape Restora-
tion Project; and 
(2) ensure resilient and healthy ecosystems in the Great 
Basin by restoring native plant communities and natural 
mosaics on the landscape that function within the parameters 
of natural fire regimes.
H. R. 6111—123
SEC. 372. DEFINITIONS. 
In this subtitle: 
(1) INITIATIVE.—The term ‘‘Initiative’’ means the Great 
Basin Restoration Initiative. 
(2) PROJECT.—The term ‘‘Project’’ means the Eastern 
Nevada Landscape Restoration Project authorized under section 
373(a). 
(3) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of Agriculture and the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State of Nevada. 
SEC. 373. RESTORATION PROJECT. 
(a) IN GENERAL.—In accordance with all applicable Federal 
laws, the Secretaries shall carry out the Eastern Nevada Landscape 
Restoration Project to—
(1) implement the Initiative; and 
(2) restore native rangelands and native woodland 
(including riparian and aspen communities) in White Pine and 
Lincoln Counties in the State. 
(b) GRANTS; COOPERATIVE AGREEMENT.—In carrying out the 
Project—
(1) the Secretaries may make grants to the Eastern Nevada 
Landscape Coalition, the Great Basin Institute, and other enti-
ties for the study and restoration of rangeland and other land 
in the Great Basin—
(A) to assist in—
(i) reducing hazardous fuels; and 
(ii) restoring native rangeland and woodland; and 
(B) for other related purposes; and 
(2) notwithstanding sections 6301 through 6308, of title 
31, United States Code, the Director of the Bureau of Land 
Management and the Chief of the Forest Service may enter 
into an agreement with the Eastern Nevada Landscape Coali-
tion, the Great Basin Institute, and other entities to provide 
for the conduct of scientific analyses, hazardous fuels and 
mechanical treatments, and related work. 
(c) RESEARCH FACILITY.—The Secretaries may conduct a feasi-
bility study on the potential establishment of an interagency science 
center, including a research facility and experimental rangeland 
in the eastern portion of the State. 
(d) FUNDING.—Section 4(e)(3)(A) of the Southern Nevada Public 
Land Management Act of 1998 (Public Law 105–263; 112 Stat. 
2346; 116 Stat. 2007; 118 Stat. 2414) is amended—
(1) by redesignating clause (viii) as clause (ix); and 
(2) by inserting after clause (vii) the following: 
‘‘(viii) to carry out the Eastern Nevada Landscape 
Restoration Project in White Pine County, Nevada and 
Lincoln County, Nevada; and’’.
H. R. 6111—124
Subtitle H—Amendments to the Southern 
Nevada Public Land Management Act of 
1998
SEC. 381. FINDINGS. 
Section 2(a)(3) of the Southern Nevada Public Land Manage-
ment Act of 1998 (Public Law 105–263; 112 Stat. 2343) is amended 
by inserting ‘‘the Sloan Canyon National Conservation Area,’’ before 
‘‘and the Spring Mountains’’. 
SEC. 382. AVAILABILITY OF SPECIAL ACCOUNT. 
Section 4(e) of the Southern Nevada Public Land Management 
Act of 1998 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 
117 Stat. 1317; 118 Stat. 2414) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A)—
(i) by striking ‘‘may be expended’’ and inserting 
‘‘shall be expended’’; 
(ii) in clause (ii)—
(I) by inserting ‘‘, the Great Basin National 
Park,’’ after ‘‘the Red Rock Canyon National Con-
servation Area’’; 
(II) by inserting ‘‘and the Forest Service’’ after 
‘‘the Bureau of Land Management’’; and 
(III) by striking ‘‘Clark and Lincoln Counties’’ 
and inserting ‘‘Clark, Lincoln, and White Pine 
Counties’’; 
(iii) in clause (iii), by inserting ‘‘and implementa-
tion’’ before ‘‘of a multispecies habitat’’; 
(iv) in clause (iv), by striking ‘‘Clark and Lincoln 
Counties,’’ and inserting ‘‘Clark, Lincoln, and White 
Pine Counties and Washoe County (subject to para-
graph (4)),’’; 
(v) in clause (v), by striking ‘‘Clark and Lincoln 
Counties’’ and inserting ‘‘Clark, Lincoln, and White 
Pine Counties’’; 
(vi) in clause (vii)—
(I) by striking ‘‘for development’’ and inserting 
‘‘development’’; and 
(II) by striking ‘‘and’’ at the end; 
(vii) by redesignating clauses (viii) and (ix) (as 
amended by section 373(d)) as clauses (x) and (xi), 
respectively; and 
(viii) by inserting after clause (vii) the following: 
‘‘(viii) reimbursement of any costs incurred by the 
Bureau of Land Management to clear debris from and 
protect land that is—
‘‘(I) located in the disposal boundary described 
in subsection (a); and 
‘‘(II) reserved for affordable housing; 
‘‘(ix) development and implementation of com-
prehensive, 
cost-effective, 
multijurisdictional 
haz-
ardous fuels reduction and wildfire prevention plans 
(including sustainable biomass and biofuels energy 
development and production activities) for the Lake
H. R. 6111—125
Tahoe Basin (to be developed in conjunction with the 
Tahoe Regional Planning Agency), the Carson Range 
in Douglas and Washoe Counties and Carson City in 
the State, and the Spring Mountains in the State, 
that are—
‘‘(I) subject to approval by the Secretary; and 
‘‘(II) not more than 10 years in duration;’’; 
and 
(B) by inserting after subparagraph (C) the following: 
‘‘(D) TRANSFER REQUIREMENT.—Subject to such terms 
and conditions as the Secretary may prescribe, and notwith-
standing any other provision of law—
‘‘(i) for amounts that have been authorized for 
expenditure under subparagraph (A)(iv) but not trans-
ferred as of the date of enactment of this subparagraph, 
the Secretary shall, not later than 60 days after a 
request for funds from the applicable unit of local 
government or regional governmental entity, transfer 
to the applicable unit of local government or regional 
governmental entity the amount authorized for the 
expenditure; and 
‘‘(ii) for expenditures authorized under subpara-
graph (A)(iv) that are approved by the Secretary, the 
Secretary shall, not later than 60 days after a request 
for funds from the applicable unit of local government 
or regional governmental entity, transfer to the 
applicable unit of local government or regional govern-
mental entity the amount approved for expenditure.’’; 
and 
(2) by adding at the end the following: 
‘‘(4) LIMITATION FOR WASHOE COUNTY.—Until December 31, 
2011, Washoe County shall be eligible to nominate for expendi-
ture amounts to acquire land (not to exceed 250 acres) and 
develop 1 regional park and natural area.’’. 
Subtitle I—Amendments to the Lincoln 
County Conservation, Recreation, and 
Development Act of 2004
SEC. 391. DISPOSITION OF PROCEEDS. 
Section 103(b)(2) of the Lincoln County Conservation, Recre-
ation, and Development Act of 2004 (Public Law 108–424; 118 
Stat. 2405) is amended by inserting ‘‘education, planning,’’ after 
‘‘social services,’’. 
Subtitle J—All American Canal Projects 
SEC. 395. ALL AMERICAN CANAL LINING PROJECT. 
(a) DUTIES
OF
THE SECRETARY.—Notwithstanding any other 
provision of law, upon the date of enactment of this Act, the Sec-
retary shall, without delay, carry out the All American Canal Lining 
Project identified—
(1) as the preferred alternative in the record of decision 
for that project, dated July 29, 1994; and
H. R. 6111—126
(2) in the allocation agreement allocating water from the 
All American Canal Lining Project, entered into as of October 
10, 2003. 
(b) DUTIES OF COMMISSIONER OF RECLAMATION.—
(1) IN GENERAL.—Subject to paragraph (2), if a State con-
ducts a review or study of the implications of the All American 
Canal Lining Project as carried out under subsection (a), upon 
request from the Governor of the State, the Commissioner 
of Reclamation shall cooperate with the State, to the extent 
practicable, in carrying out the review or study. 
(2) RESTRICTION OF DELAY.—A review or study conducted 
by a State under paragraph (1) shall not delay the carrying 
out by the Secretary of the All American Canal Lining Project. 
SEC. 396. REGULATED STORAGE WATER FACILITY. 
(a) 
CONSTRUCTION, 
OPERATION, 
AND
MAINTENANCE
OF 
FACILITY.—Notwithstanding any other provision of law, upon the 
date of enactment of this Act, the Secretary shall, without delay, 
pursuant to the Act of January 1, 1927 (44 Stat. 1010, chapter 
47) (commonly known as the ‘‘River and Harbor Act of 1927’’), 
as amended, design and provide for the construction, operation, 
and maintenance of a regulated water storage facility (including 
all incidental works that are reasonably necessary to operate the 
storage facility) to provide additional storage capacity to reduce 
nonstorable flows on the Colorado River below Parker Dam. 
(b) LOCATION OF FACILITY.—The storage facility (including all 
incidental works) described in subsection (a) shall be located at 
or near the All American Canal. 
SEC. 397. APPLICATION OF LAW. 
The Treaty between the United States of America and Mexico 
relating to the utilization of waters of the Colorado and Tijuana 
Rivers and of the Rio Grande, and supplementary protocol signed 
November 14, 1944, signed at Washington February 3, 1944 (59 
Stat. 1219) is the exclusive authority for identifying, considering, 
analyzing, or addressing impacts occurring outside the boundary 
of the United States of works constructed, acquired, or used within 
the territorial limits of the United States. 
TITLE IV—OTHER PROVISIONS 
SEC. 401. TOBACCO PERSONAL USE QUANTITY EXCEPTION TO NOT 
APPLY TO DELIVERY SALES. 
(a) DEFINITIONS.—Section 801 of the Tariff Act of 1930 (19 
U.S.C. 1681) is amended by adding at the end the following: 
‘‘(3) DELIVERY SALE.—The term ‘delivery sale’ means any 
sale of cigarettes or a smokeless tobacco product to a consumer 
if—
‘‘(A) the consumer submits the order for such sale 
by means of a telephone or other method of voice trans-
mission, the mail, or the Internet or other online service, 
or the seller is otherwise not in the physical presence 
of the buyer when the request for purchase or order is 
made; or 
‘‘(B) the cigarettes or smokeless tobacco product is 
delivered by use of a common carrier, private delivery 
service, or the mail, or the seller is not in the physical
H. R. 6111—127
presence of the buyer when the buyer obtains personal 
possession of the delivered cigarettes or smokeless tobacco 
product.’’. 
(b) INAPPLICABILITY OF EXEMPTIONS FROM REQUIREMENTS FOR 
ENTRY OF CERTAIN CIGARETTES AND SMOKELESS TOBACCO PROD-
UCTS.—Section 802(b)(1) of the Tariff Act of 1930 (19 U.S.C. 
1681a(b)(1)) is amended by adding at the end the following new 
sentence: ‘‘The preceding sentence shall not apply to any cigarettes 
or smokeless tobacco products sold in connection with a delivery 
sale.’’. 
(c) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—Section 802 
of the Tariff Act of 1930 (19 U.S.C. 1681a) is amended by adding 
at the end the following new subsection: 
‘‘(d) STATE ACCESS
TO CUSTOMS CERTIFICATIONS.—A State, 
through its Attorney General, shall be entitled to obtain copies 
of any certification required under subsection (c) directly—
‘‘(1) upon request to the agency of the United States respon-
sible for collecting such certification; or 
‘‘(2) upon request to the importer, manufacturer, or author-
ized official of such importer or manufacturer.’’. 
(d) ENFORCEMENT PROVISIONS.—Section 803(b) of the Tariff 
Act of 1930 (19 U.S.C. 1681b(b)) is amended—
(1) in the first sentence, by inserting before the period 
at the end the following: ‘‘, or to any State in which such 
tobacco product, cigarette papers, or tube is found’’; and 
(2) in the second sentence, by inserting ‘‘, or to any State,’’ 
after ‘‘the United States’’. 
(e) INCLUSION OF SMOKELESS TOBACCO.—
(1) Sections 802 and 803(a) of the Tariff Act of 1930 (19 
U.S.C. 1681a and 1681b(a)) (other than the last sentence of 
section 802(b)(1), as added by subsection (b) of this section) 
are further amended by inserting ‘‘or smokeless tobacco prod-
ucts’’ after ‘‘cigarettes’’ each place it appears. 
(2) Section 802 of such Act is further amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘or section 4 
of the Comprehensive Smokeless Tobacco Health Edu-
cation Act of 1986 (15 U.S.C. 4403), as the case may 
be’’ after ‘‘section 7 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1335a)’’; 
(ii) in paragraph (2), by inserting ‘‘or section 3 
of the Comprehensive Smokeless Tobacco Health Edu-
cation Act of 1986 (15 U.S.C. 4402), as the case may 
be,’’ after ‘‘section 4 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1333)’’; and 
(iii) in paragraph (3), by inserting ‘‘or section 3(d) 
of the Comprehensive Smokeless Tobacco Health Edu-
cation Act of 1986 (15 U.S.C. 4402(d)), as the case 
may be’’ after ‘‘section 4(c) of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1333(c))’’; 
(B) in subsection (b)—
(i) in the heading of paragraph (1), by inserting 
‘‘OR
SMOKELESS
TOBACCO
PRODUCTS’’ after ‘‘CIGA-
RETTES’’; and 
(ii) in the heading of paragraphs (2) and (3), by 
inserting ‘‘OR
SMOKELESS
TOBACCO
PRODUCTS’’ after 
‘‘CIGARETTES’’; and
H. R. 6111—128
(C) in subsection (c)—
(i) in the heading, by inserting ‘‘OR SMOKELESS 
TOBACCO PRODUCT’’ after ‘‘CIGARETTE’’; 
(ii) in paragraph (1), by inserting ‘‘or section 4 
of the Comprehensive Smokeless Tobacco Health Edu-
cation Act of 1986 (15 U.S.C. 4403), as the case may 
be’’ after ‘‘section 7 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1335a)’’; 
(iii) in paragraph (2)(A), by inserting ‘‘or section 
3 of the Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4402), as the case 
may be,’’ after ‘‘section 4 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1333)’’; and 
(iv) in paragraph (2)(B), by inserting ‘‘or section 
3(d) of the Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4402(d)), as the case 
may be’’ after ‘‘section 4(c) of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1333(c))’’. 
(3) Section 803(b) of such Act, as amended by subsection 
(d)(1) of this section, is further amended by inserting ‘‘, or 
any smokeless tobacco product,’’ after ‘‘or tube’’ the first place 
it appears. 
(4)(A) The heading of title VIII of such Act is amended 
by inserting ‘‘AND SMOKELESS TOBACCO PRODUCTS’’ 
after ‘‘CIGARETTES’’. 
(B) The heading of section 802 of such Act is amended 
by inserting ‘‘AND
SMOKELESS
TOBACCO
PRODUCTS’’ after 
‘‘CIGARETTES’’. 
(f) APPLICATION
OF
CIVIL
PENALTIES
TO
RELANDINGS
OF 
TOBACCO PRODUCTS SOLD IN A DELIVERY SALE.—
(1) IN GENERAL.—Section 5761 of the Internal Revenue 
Code of 1986 (relating to civil penalties) is amended by redesig-
nating subsections (d) and (e) as subsections (e) and (f), respec-
tively, and inserting after subsection (c) the following new 
subsection: 
‘‘(d) PERSONAL USE QUANTITIES.—
‘‘(1) IN GENERAL.—No quantity of tobacco products other 
than the quantity referred to in paragraph (2) may be relanded 
or received as a personal use quantity. 
‘‘(2) EXCEPTION FOR PERSONAL USE QUANTITY.—Subsection 
(c) and section 5754 shall not apply to any person who relands 
or receives tobacco products in the quantity allowed entry free 
of tax and duty under chapter 98 of the Harmonized Tariff 
Schedule of the United States, and such person may voluntarily 
relinquish to the Secretary at the time of entry any excess 
of such quantity without incurring the penalty under subsection 
(c). 
‘‘(3) SPECIAL RULE FOR DELIVERY SALES.—
‘‘(A) IN GENERAL.—Paragraph (2) shall not apply to 
any tobacco product sold in connection with a delivery 
sale. 
‘‘(B) DELIVERY SALE.—For purposes of subparagraph 
(A), the term ‘delivery sale’ means any sale of a tobacco 
product to a consumer if—
‘‘(i) the consumer submits the order for such sale 
by means of a telephone or other method of voice 
transmission, the mail, or the Internet or other online
H. R. 6111—129
service, or the seller is otherwise not in the physical 
presence of the buyer when the request for purchase 
or order is made, or 
‘‘(ii) the tobacco product is delivered by use of 
a common carrier, private delivery service, or the mail, 
or the seller is not in the physical presence of the 
buyer when the buyer obtains personal possession of 
the tobacco product.’’. 
(2) CONFORMING AMENDMENTS.—
(A) Subsection (c) of section 5761 of such Code is 
amended by striking the last two sentences. 
(B) Paragraph (1) of section 5754(c) of such Code is 
amended by striking ‘‘section 5761(c)’’ and inserting ‘‘sec-
tion 5761(d)’’. 
(g) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to goods entered, or withdrawn from ware-
house for consumption, on or after the 15th day after the date 
of the enactment of this Act. 
SEC. 402. ETHANOL TARIFF SCHEDULE. 
Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff 
Schedule of the United States are each amended in the effective 
period column by striking ‘‘10/1/2007’’ each place it appears and 
inserting ‘‘1/1/2009’’. 
SEC. 403. WITHDRAWAL OF CERTAIN FEDERAL LAND AND INTERESTS 
IN CERTAIN FEDERAL LAND FROM LOCATION, ENTRY, 
AND PATENT UNDER THE MINING LAWS AND DISPOSI-
TION UNDER THE MINERAL AND GEOTHERMAL LEASING 
LAWS. 
(a) DEFINITIONS.—In this section: 
(1) BUREAU
OF
LAND
MANAGEMENT
LAND.—The term 
‘‘Bureau of Land Management land’’ means the Bureau of Land 
Management land and any federally-owned minerals located 
south of the Blackfeet Indian Reservation and east of the Lewis 
and Clark National Forest to the eastern edge of R. 8 W., 
beginning in T. 29 N. down to and including T. 19 N. and 
all of T. 18 N., R. 7 W. 
(2) ELIGIBLE FEDERAL LAND.—The term ‘‘eligible Federal 
land’’ means the Bureau of Land Management land and the 
Forest Service land, as generally depicted on the map. 
(3) FOREST SERVICE LAND.—The term ‘‘Forest Service land’’ 
means—
(A) the Forest Service land and any federally-owned 
minerals located in the Rocky Mountain Division of the 
Lewis and Clark National Forest, including the approxi-
mately 356,111 acres of land made unavailable for leasing 
by the August 28, 1997, Record of Decision for the Lewis 
and Clark National Forest Oil and Gas Leasing Environ-
mental Impact Statement and that is located from T. 31 
N. to T. 16 N. and R. 13 W. to R. 7 W.; and 
(B) the Forest Service land and any federally-owned 
minerals located within the Badger Two Medicine area 
of the Flathead National Forest, including—
(i) the land located in T. 29 N. from the western 
edge of R. 16 W. to the eastern edge of R. 13 W.; 
and
H. R. 6111—130
(ii) the land located in T. 28 N., Rs. 13 and 14 
W. 
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky 
Mountain 
Front 
Mineral 
Withdrawal 
Area’’ 
and 
dated 
December 31, 2006. 
(b) WITHDRAWAL.—
(1) IN
GENERAL.—Subject to valid existing rights, the 
eligible Federal land (including any interest in the eligible 
Federal land) is withdrawn from—
(A) all forms of location, entry, and patent under the 
mining laws; and 
(B) disposition under all laws relating to mineral and 
geothermal leasing. 
(2) AVAILABILITY OF MAP.—The map shall be on file and 
available for inspection in the Office of the Chief of the Forest 
Service. 
(c) TAX INCENTIVE FOR SALE OF EXISTING MINERAL AND GEO-
THERMAL RIGHTS TO TAX-EXEMPT ENTITIES.—
(1) EXCLUSION.—For purposes of the Internal Revenue Code 
of 1986, gross income shall not include 25 percent of the quali-
fying gain from a conservation sale of a qualifying mineral 
or geothermal interest. 
(2) QUALIFYING GAIN.—For purposes of this subsection, the 
term ‘‘qualifying gain’’ means any gain which would be recog-
nized as long-term capital gain under such Code. 
(3) CONSERVATION SALE.—For purposes of this subsection, 
the term ‘‘conservation sale’’ means a sale which meets the 
following requirements: 
(A) TRANSFEREE IS AN ELIGIBLE ENTITY.—The trans-
feree of the qualifying mineral or geothermal interest is 
an eligible entity. 
(B) QUALIFYING LETTER OF INTENT REQUIRED.—At the 
time of the sale, such transferee provides the taxpayer 
with a qualifying letter of intent. 
(C) NONAPPLICATION TO CERTAIN SALES.—The sale is 
not made pursuant to an order of condemnation or eminent 
domain. 
(4) QUALIFYING MINERAL OR GEOTHERMAL INTEREST.—For 
purposes of this subsection—
(A) IN GENERAL.—The term ‘‘qualifying mineral or geo-
thermal interest’’ means an interest in any mineral or 
geothermal deposit located on eligible Federal land which 
constitutes a taxpayer’s entire interest in such deposit. 
(B) ENTIRE INTEREST.—For purposes of subparagraph 
(A)—
(i) an interest in any mineral or geothermal deposit 
is not a taxpayer’s entire interest if such interest in 
such mineral or geothermal deposit was divided in 
order to avoid the requirements of such subparagraph 
or section 170(f)(3)(A) of such Code, and 
(ii) a taxpayer’s entire interest in such deposit 
does not fail to satisfy such subparagraph solely 
because the taxpayer has retained an interest in other 
deposits, even if the other deposits are contiguous with 
such certain deposit and were acquired by the taxpayer 
along with such certain deposit in a single conveyance. 
(5) OTHER DEFINITIONS.—For purposes of this subsection—
H. R. 6111—131
(A) ELIGIBLE
ENTITY.—The term ‘‘eligible entity’’ 
means—
(i) a governmental unit referred to in section 
170(c)(1) of such Code, or an agency or department 
thereof operated primarily for 1 or more of the con-
servation purposes specified in clause (i), (ii), or (iii) 
of section 170(h)(4)(A) of such Code, or 
(ii) an entity which is—
(I) described in section 170(b)(1)(A)(vi) or sec-
tion 170(h)(3)(B) of such Code, and 
(II) organized and at all times operated pri-
marily for 1 or more of the conservation purposes 
specified in clause (i), (ii), or (iii) of section 
170(h)(4)(A) of such Code. 
(B) QUALIFYING LETTER OF INTENT.—The term ‘‘quali-
fying letter of intent’’ means a written letter of intent 
which includes the following statement: ‘‘The transferee’s 
intent is that this acquisition will serve 1 or more of 
the conservation purposes specified in clause (i), (ii), or 
(iii) of section 170(h)(4)(A) of the Internal Revenue Code 
of 1986, that the transferee’s use of the deposits so acquired 
will be consistent with section 170(h)(5) of such Code, and 
that the use of the deposits will continue to be consistent 
with such section, even if ownership or possession of such 
deposits is subsequently transferred to another person.’’. 
(6) TAX ON SUBSEQUENT TRANSFERS.—
(A) IN
GENERAL.—A tax is hereby imposed on any 
subsequent transfer by an eligible entity of ownership or 
possession, whether by sale, exchange, or lease, of an 
interest acquired directly or indirectly in—
(i) a conservation sale described in paragraph (1), 
or 
(ii) a transfer described in clause (i), (ii), or (iii) 
of subparagraph (D). 
(B) AMOUNT OF TAX.—The amount of tax imposed by 
subparagraph (A) on any transfer shall be equal to the 
sum of—
(i) 20 percent of the fair market value (determined 
at the time of the transfer) of the interest the owner-
ship or possession of which is transferred, plus 
(ii) the product of—
(I) the highest rate of tax specified in section 
11 of such Code, times 
(II) any gain or income realized by the trans-
feror as a result of the transfer. 
(C) LIABILITY.—The tax imposed by subparagraph (A) 
shall be paid by the transferor. 
(D) RELIEF
FROM
LIABILITY.—The person (otherwise 
liable for any tax imposed by subparagraph (A)) shall be 
relieved of liability for the tax imposed by subparagraph 
(A) with respect to any transfer if—
(i) the transferee is an eligible entity which pro-
vides such person, at the time of transfer, a qualifying 
letter of intent, 
(ii) in any case where the transferee is not an 
eligible entity, it is established to the satisfaction of 
the Secretary of the Treasury, that the transfer of