[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 63 Enrolled Bill (ENR)]
H.R.63
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To establish the Spring Mountains National Recreation Area in 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. SHORT TITLE.
This Act may be cited as the ``Spring Mountains National Recreation
Area Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) National forest lands.--The term ``National Forest lands''
means lands included in the National Forest System (as defined in
section 11(a) 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 Recreation 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 diversity in the Spring Mountains of Nevada;
(2) ensure appropriate conservation and management of natural
and recreation resources in the Spring Mountains; and
(3) provide for the development of public recreation
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 Recreation Area in Nevada.
(b) Boundaries and Map.--The Recreation Area shall consist of
approximately 316,000 acres of federally owned lands and interests
therein 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 Energy and Natural Resources of the Senate and the
Committee on Natural Resources 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 described in subsection (b) shall control any
question concerning 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 pertaining to the National Forest System
and this Act to provide for--
(1) the conservation of scenic, scientific, historic, cultural,
and other values contributing to public enjoyment;
(2) the conservation of fish and wildlife populations and
habitat, including the use of prescribed fire to improve or maintain
habitat;
(3) the protection of watersheds and the maintenance of free
flowing streams and the quality of ground and surface waters in
accordance with applicable law;
(4) public outdoor recreation benefits, including, but not
limited to, hunting, fishing, trapping, hiking, horseback riding,
backpacking, rock climbing, camping, and nature study;
(5) wilderness areas as designated by Congress; and
(6) the management and use of natural resources in a manner
compatible with the purposes for which the Recreation Area is
established.
(b) Hunting, Trapping, and Fishing.--
(1) In general.--Subject to paragraph (2), the Secretary shall
permit hunting, trapping, fishing, 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, in consultation with the Nevada
Department of Wildlife, may designate zones where and periods when
hunting, trapping, or fishing shall not be permitted for reasons of
public safety, administration, or public use and enjoyment.
(c) Grazing.--The grazing of livestock on Federal lands may be
permitted 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 Management Plan. Such an
amendment shall reflect the establishment of the Recreation Area and
be consistent with 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 Rangeland Renewable Resources Planning
Act of 1974. The provisions of the national forest land and resource
management plan relating to the recreation area shall also be
available to the public in a document separate from the rest of the
forest plan.
(2) Contents.--The management plan described 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 Recreation Area;
(B) proposals for public facilities to be developed,
expanded, or improved for the Recreation Area, including one or
more visitor centers 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-term scientific use of archaeological
resources, with priority in development given to the enforcement
of the Archaeological Resources Protection 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 consultation with appropriate
departments of the State of Nevada and using other available
studies of the Recreation Area;
(E) recreation management plans for the Recreation Area in
consultation with appropriate departments of the State of
Nevada;
(F) wild horse and burro herd management 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 National Forest lands that will permit the
Secretary to evaluate possible future acquisitions.
(3) Consultation.--The plans for the management of natural and
cultural resources described in paragraph (2)(C) shall be prepared
in consultation with the Advisory Council on Historic Preservation
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 Natural Resources, Division of Historic
Preservation and Archaeology.
(b) Wilderness Study Areas.--
(1) Recommendations.--The general management plan for the
Recreation Area shall include the recommendations of the Bureau of
Land Management as to the suitability or nonsuitability for
preservation as wilderness those lands within the Recreation Area
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 Preservation System.
SEC. 7. ACQUISITION OF LANDS.
(a) In General.--The Secretary is authorized to acquire lands and
interests therein within the boundaries of the Recreation Area by
donation, purchase with donated or appropriated funds, exchange, or
transfer from another Federal agency, except that such lands or
interests owned by the State of Nevada or a political subdivision
thereof may be acquired only by donation or exchange.
(b) Incorporation of Acquired Lands.--Any lands, waters, or
interests in lands or interests therein located within 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 incorporated into the Recreation Area and managed in accordance
with the laws, rules, and regulations applicable to the National Forest
System and the provisions of this Act.
(c) 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 boundaries are established for units of the National Forest
System, such established boundaries shall be treated as if they 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 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 Federal lands within the
Recreation Area 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:
W\1/2\E\1/2\ and W\1/2\, Sec. 27, T23S, R58E, Mt. Diablo Meridian.
SEC. 9. COOPERATIVE AGREEMENTS.
In order to encourage unified and cost-effective management and
interpretation of natural and cultural resources in southern Nevada, the
Secretary may enter into cooperative agreements with other Federal,
State, and local agencies, and with nonprofit entities, that provide for
the management and interpretation of natural and cultural resources.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.