I
103D CONGRESS
1ST SESSION
H. R. 63
To establish the Spring Mountains National Recreation Area in Nevada,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. BILBRAY introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To establish the Spring Mountains National Recreation Area
in Nevada, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Spring Mountains Na-
tional Recreation Area Act’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) NATIONAL FOREST LANDS.—The term ‘‘Na-
tional Forest lands’’ means lands included in the
National Forest System (as defined in section 11(a)
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of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(2) RECREATION AREA.—The term ‘‘Recreation
Area’’ means the Spring Mountains National Recre-
ation Area established by this Act.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 3. PURPOSES.
The purposes of this Act are to—
(1) preserve scenic, scientific, historic, cultural,
natural, wilderness, watershed, riparian, wildlife,
threatened and endangered species, and other values
contributing to public enjoyment and biological di-
versity in the Spring Mountains of Nevada;
(2) ensure appropriate conservation and man-
agement of natural recreation resources in the
Spring Mountains; and
(3) provide for the development of public recre-
ation opportunities in the Spring Mountains for the
enjoyment of present and future generations.
SEC. 4. ESTABLISHMENT OF RECREATION AREA.
(a) IN GENERAL.—Subject to valid existing rights,
there is established the Spring Mountains National Recre-
ation Area in Nevada.
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(b) BOUNDARIES AND MAP.—The Recreation Area
shall consist of approximately 316,000 acres of federally
owned lands and waters in the Toiyabe National Forest,
as generally depicted on a map entitled ‘‘Spring Mountain
National Recreation Area—Proposed’’, numbered NV–
CH, and dated August 2, 1992.
(c) MAP FILING.—As soon as practicable after the
date of enactment of this Act, the Secretary shall file a
map of the Recreation Area with the Committee on En-
ergy and Natural Resources of the Senate and the Com-
mittee on Interior and Insular Affairs of the House of
Representatives.
(d) PUBLIC INSPECTION.—The map shall be on file
and available for public inspection in the offices of the
Chief of the Forest Service, Department of Agriculture.
(e) DISCREPANCIES.—In the case of any discrepancy
between or among the acreage referred to in subsection
(b) and the map described in subsection (b), the map de-
scribed in subsection (b) shall control any question con-
cerning the boundaries of the Recreation Area.
SEC. 5. MANAGEMENT.
(a) IN GENERAL.—The Secretary, acting through the
Chief of the Forest Service, shall manage the Recreation
Area in accordance with the laws, rules, and regulations
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pertaining to the National Forest System and this Act to
provide for—
(1) the conservation of scenic, scientific, his-
toric, cultural, and other values contributing to pub-
lic enjoyment;
(2) the conservation of fish and wildlife popu-
lations and habitat, including the use of prescribed
fire to improve or maintain habitat;
(3) the protection of watersheds and the main-
tenance of free flowing streams and the quality of
ground and surface waters in accordance with appli-
cable Federal and State law;
(4) public outdoor recreation benefits, includ-
ing, but not limited to, hunting, fishing, trapping,
hiking, horseback riding, backpacking, rock climb-
ing, camping, and nature study;
(5) wilderness areas as designated by Congress;
and
(6) the management, utilization, and disposal of
natural resources in a manner compatible with the
purposes for which the Recreation Area is estab-
lished.
(b) HUNTING, TRAPPING, AND FISHING.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary shall permit hunting, trapping, fishing,
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and habitat management within the Recreation Area
in accordance with the laws of the United States and
the State of Nevada.
(2) EXCEPTIONS.—The Secretary, after con-
sultation with the Nevada Department of Wildlife,
may designate zones where and periods when hunt-
ing, trapping, or fishing shall not be permitted for
reasons of public safety, administration, or public
use and enjoyment.
(c) GRAZING.—The grazing of livestock may be per-
mitted to continue pursuant to Federal law and subject
to such reasonable regulations, policies, and practices as
the Secretary considers necessary.
(d) PREVENTIVE MEASURES.—Nothing in this Act
shall preclude such reasonable measures as the Secretary
considers necessary to protect the land and resources from
fire or insect or disease infestation in the Recreation Area.
SEC. 6. MANAGEMENT PLAN.
(a) IN GENERAL.—
(1) PROCEDURES.—Not later than 3 full fiscal
years after the date of enactment of this Act, the
Secretary shall develop a general management plan
for the Recreation Area as an amendment to the
Toiyabe National Forest Land and Resource Man-
agement Plan. Such an amendment shall reflect the
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establishment of the Recreation Area and conform to
the provisions of this Act, except that nothing in this
Act shall require the Secretary to revise the Toiyabe
National Forest Land and Resource Management
Plan pursuant to section 6 of the Forest and Range-
land Renewable Resources Planning Act of 1974.
The provisions of the national forest land and re-
source management plan relating to the recreation
area shall also be available to the public in a docu-
ment separate from the rest of the forest plan.
(2) CONTENTS.—The management plan de-
scribed in paragraph (1) shall be developed with full
public participation and shall include—
(A) implementation plans for a continuing
program of interpretation and public education
about the resources and values of the Recre-
ation Area;
(B) proposals for public facilities to be de-
veloped, expanded, or improved for the Recre-
ation Area, including one or more visitor cen-
ters to accommodate both local and out-of-State
visitors;
(C) plans for the management of natural
and cultural resources in the Recreation Area,
with emphasis on the preservation and long-
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term scientific use of archaeological resources,
with priority in development given to the en-
forcement of the Archaeological Resources Pro-
tection Act of 1979 (16 U.S.C. 470aa et seq.)
and the National Historic Preservation Act (16
U.S.C. 470 et seq.) within the Recreation Area;
(D) wildlife and fish resource management
plans for the Recreation Area prepared in con-
sultation with appropriate departments of the
State of Nevada and using other available stud-
ies of the Recreation Area;
(E) recreation management plans for the
Recreation Area in consultation with appro-
priate departments of the State of Nevada;
(F) wild horse and burro herd manage-
ment plans for the Recreation Area prepared in
consultation with appropriate departments and
commissions of the State of Nevada; and
(G) an inventory of all lands within the
Recreation Area not presently managed as Na-
tional Forest lands that will permit the Sec-
retary to evaluate possible future acquisitions.
(3) CONSULTATION.—The plans for the man-
agement of natural and cultural resources described
in paragraph (2)(C) shall be prepared in consulta-
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tion with the Advisory Council on Historic Preserva-
tion established by title II of the National Historic
Preservation Act (16 U.S.C. 470i et seq.) and the
Nevada State Department of Conservation and Nat-
ural Resources, Division of Historic Preservation
and Archaeology.
(b) WILDERNESS STUDY AREAS.—
(1) RECOMMENDATIONS.—The general manage-
ment plan for the Recreation Area shall include the
recommendations of the Bureau of Land Manage-
ment as to the suitability or nonsuitability for pres-
ervation as wilderness of the 89,270 acres identified
as the Mt. Stirling, La Madre Mountains, and Pine
Creek Wilderness Study Areas on the Bureau of
Land Management Wilderness Status Map, dated
March 1990.
(2) MANAGEMENT.—Pending submission of a
recommendation and until otherwise directed by Act
of Congress, the Secretary, acting through the Chief
of the Forest Service, shall manage the lands and
waters within the wilderness study areas referred to
in paragraph (1) so as to maintain their potential
for inclusion within the National Wilderness Preser-
vation System.
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SEC. 7. ACQUISITION OF LANDS.
(a) IN GENERAL.—The Secretary is authorized to ac-
quire by donation, purchase with donated or appropriated
funds, exchange, bequest, or otherwise any lands, or lesser
interests therein, including mineral interests, water rights,
and scenic easements, which the Secretary determines are
needed for the purposes of this Act.
(b) EXCHANGES OUT OF FEDERAL OWNERSHIP.—
Federally owned lands, waters, or interests in lands or wa-
ters located within the Recreation Area may not be ex-
changed except in connection with an exchange for lands,
waters, or interests in lands or waters owned by the State
of Nevada or a political subdivision of the State.
(c) INCORPORATION
OF ACQUIRED LANDS.—Any
lands, waters, or interests in lands or waters located with-
in the Recreation Area that are acquired by the United
States or administratively transferred to the Secretary
after the date of enactment of this Act shall be incor-
porated into the Recreation Area and managed in accord-
ance with the laws, rules, and regulations applicable to
the National Forest System and the provisions of this Act.
(d) LAND AND WATER CONSERVATION FUND.—For
purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–9), where such bound-
aries are established for units of the National Forest Sys-
tem, such established boundaries shall be treated as if they
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were the boundaries of the National Forests as of January
1, 1965. Money appropriated from the Land and Water
Conservation Fund shall be available for the acquisition
of lands, waters, and interests therein in furtherance of
the purposes of this Act.
SEC. 8. WITHDRAWAL.
(a) IN GENERAL.—Subject to valid existing rights
and except for lands described in subsection (b), all Fed-
eral lands within the Recreation Area and all lands, wa-
ters, and interests in lands and waters within the Recre-
ation Area that are acquired by the United States after
the date of enactment of this Act are withdrawn from—
(1) all forms of entry, appropriation, or disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation under the mineral leasing and
geothermal leasing laws.
(b) EXCEPTION.—The lands referred to in subsection
(a) are described as follows:
S1⁄2 Sec. 22, W1⁄2E1⁄2 and W1⁄2 Sec. 27, E1⁄2E1⁄2
Sec. 28, T 23 S, R 58 E, Mt. Diablo Meridian.
SEC. 9. COORDINATED MANAGEMENT.
The Secretary shall coordinate the management of
the Recreation Area with the management of all proximate