[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Enrolled Bill (ENR)]

        H.R.4593

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
  To establish wilderness areas, promote conservation, improve public 
 land, and provide for the high quality development in Lincoln County, 
                     Nevada, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

SEC. 2. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lincoln County 
Conservation, Recreation, and Development Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Authorization of appropriations.
Sec. 2. Short title; table of contents.

                         TITLE I--LAND DISPOSAL

Sec. 101. Definitions.
Sec. 102. Conveyance of Lincoln County land.
Sec. 103. Disposition of proceeds.

                       TITLE II--WILDERNESS AREAS

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Additions to National Wilderness Preservation System.
Sec. 204. Administration.
Sec. 205. Adjacent management.
Sec. 206. Military overflights.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Release of wilderness study areas.
Sec. 209. Wildlife management.
Sec. 210. Wildfire management.
Sec. 211. Climatological data collection.

                      TITLE III--UTILITY CORRIDORS

Sec. 301. Utility corridor and rights-of-way.
Sec. 302. Relocation of right-of-way and utility corridors located in 
          Clark and Lincoln counties in the State of Nevada.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

Sec. 401. Silver State Off-Highway Vehicle Trail.

                        TITLE V--OPEN SPACE PARKS

Sec. 501. Open space park conveyance to Lincoln County, Nevada.
Sec. 502. Open space park conveyance to the State of Nevada.

                     TITLE VI--JURISDICTION TRANSFER

Sec. 601. Transfer of administrative jurisdiction between the Fish and 
          Wildlife Service and the Bureau of Land Management.

                         TITLE I--LAND DISPOSAL

SEC. 101. DEFINITIONS.

    In this title:
        (1) County.--The term ``County'' means Lincoln County, Nevada.
        (2) Map.--The term ``map'' means the map entitled ``Lincoln 
    County Conservation, Recreation, and Development Act Map'' and 
    dated October 1, 2004.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) Special account.--The term ``special account'' means the 
    special account established under section 103(b)(3).

SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), 
the Secretary, in cooperation with the County, in accordance with that 
Act, this title, and other applicable law and subject to valid existing 
rights, shall conduct sales of--
        (1) the land described in subsection (b)(1) to qualified 
    bidders not later than 75 days after the date of the enactment of 
    this Act; and
        (2) the land described in subsection (b)(2) to qualified 
    bidders as such land becomes available for disposal.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of--
        (1) the land identified on the map as Tract A and Tract B 
    totaling approximately 13,328 acres; and
        (2) not more than 90,000 acres of Bureau of Land Management 
    managed public land in Lincoln County that is not segregated or 
    withdrawn on the date of enactment of this Act or thereafter, and 
    that is identified for disposal by the BLM either through--
            (A) the Ely Resource Management Plan (intended to be 
        finalized in 2005); or
            (B) a subsequent amendment to that land use plan undertaken 
        with full public involvement.
    (c) Availability.--Each map and legal description shall be on file 
and available for public inspection in (as appropriate)--
        (1) the Office of the Director of the Bureau of Land 
    Management;
        (2) the Office of the Nevada State Director of the Bureau of 
    Land Management;
        (3) the Ely Field Office of the Bureau of Land Management; and
        (4) the Caliente Field Station of the Bureau of Land 
    Management.
    (d) Joint Selection Required.--The Secretary and the County shall 
jointly select which parcels of land described in subsection (b)(2) to 
offer for sale under subsection (a).
    (e) Compliance With Local Planning and Zoning Laws.--Before a sale 
of land under subsection (a), the County shall submit to the Secretary 
a certification that qualified bidders have agreed to comply with--
        (1) County and city zoning ordinances; and
        (2) any master plan for the area approved by the County.
    (f) Method of Sale; Consideration.--The sale of land under 
subsection (a) shall be--
        (1) consistent with section 203(d) and 203(f) of the Federal 
    Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and (f));
        (2) through a competitive bidding process unless otherwise 
    determined by the Secretary; and
        (3) for not less than fair market value.
    (g) Withdrawal.--
        (1) In general.--Subject to valid existing rights and except as 
    provided in paragraph (2), the land described in subsection (b) is 
    withdrawn from--
            (A) all forms of entry and appropriation under the public 
        land laws, including the mining laws;
            (B) location, entry, and patent under the mining laws; and
            (C) operation of the mineral leasing and geothermal leasing 
        laws.
        (2) Exception.--Paragraph (1)(A) shall not apply to a 
    competitive sale or an election by the County to obtain the land 
    described in subsection (b) for public purposes under the Act of 
    June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the 
    ``Recreation and Public Purposes Act'').
    (h) Deadline for Sale.--
        (1) In general.--Except as provided in paragraph (2), the 
    Secretary shall--
            (A) notwithstanding the Lincoln County Land Act of 2000 
        (114 Stat. 1046), not later than 75 days after the date of the 
        enactment of this Act, offer by sale the land described in 
        subsection (b)(1) if there is a qualified bidder for such land; 
        and
            (B) offer for sale annually lands identified for sale in 
        subsection (b)(2) until such lands are disposed of or unless 
        the county requests a postponement under paragraph (2).
        (2) Postponement; exclusion from sale.--
            (A) Request by county for postponement or exclusion.--At 
        the request of the County, the Secretary shall postpone or 
        exclude from the sale all or a portion of the land described in 
        subsection (b)(2).
            (B) Indefinite postponement.--Unless specifically requested 
        by the County, a postponement under subparagraph (A) shall not 
        be indefinite.

SEC. 103. DISPOSITION OF PROCEEDS.

    (a) Initial Land Sale.--Section 5 of the Lincoln County Land Act of 
2000 (114 Stat. 1047) shall apply to the disposition of the gross 
proceeds from the sale of land described in section 102(b)(1).
    (b) Disposition of Proceeds.--Proceeds from sales of lands 
described in section 102(b)(2) shall be disbursed as follows--
        (1) 5 percent shall be paid directly to the state for use in 
    the general education program of the State;
        (2) 10 percent shall be paid to the County for use for fire 
    protection, law enforcement, public safety, housing, social 
    services, and transportation; and
        (3) the remainder shall be deposited in a special account in 
    the Treasury of the United States and shall be available without 
    further appropriation to the Secretary until expended for--
            (A) the reimbursement of costs incurred by the Nevada State 
        office and the Ely Field Office of the Bureau of Land 
        Management for preparing for the sale of land described in 
        section 102(b) including surveys appraisals, compliance with 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321) 
        and compliance with the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1711, 1712);
            (B) the inventory, evaluation, protection, and management 
        of unique archaeological resources (as defined in section 3 of 
        the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470bb)) of the County;
            (C) the development and implementation of a multispecies 
        habitat conservation plan for the County;
            (D) processing of public land use authorizations and 
        rights-of-way relating to the development of land conveyed 
        under section 102(a) of this Act;
            (E) processing the Silver State OHV trail and implementing 
        the management plan required by section 151(c)(2) of this Act; 
        and
            (F) processing wilderness designation, including but not 
        limited to, the costs of appropriate fencing, signage, public 
        education, and enforcement for the wilderness areas designated.
    (c) Investment of Special Account.--Any amounts deposited in the 
special account shall earn interest in an amount determined by the 
Secretary of the Treasury on the basis of the current average market 
yield on outstanding marketable obligations of the United States of 
comparable maturities, and may be expended according to the provisions 
of this section.

                       TITLE II--WILDERNESS AREAS

SEC. 201. FINDINGS.

    Congress finds that--
        (1) public land in the County contains unique and spectacular 
    natural resources, including--
            (A) priceless habitat for numerous species of plants and 
        wildlife; and
            (B) thousands of acres of land that remain in a natural 
        state; and
        (2) continued preservation of those areas would benefit the 
    County and all of the United States by--
            (A) ensuring the conservation of ecologically diverse 
        habitat;
            (B) protecting prehistoric cultural resources;
            (C) conserving primitive recreational resources; and
            (D) protecting air and water quality.

SEC. 202. DEFINITIONS.

    In this title:
        (1) County.--The term ``County'' means Lincoln County, Nevada.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (3) State.--The term ``State'' means the State of Nevada.

SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following land in the State is designated as 
wilderness and as components of the National Wilderness Preservation 
System:
        (1) Mormon mountains wilderness.--Certain Federal land managed 
    by the Bureau of Land Management, comprising approximately 157,938 
    acres, as generally depicted on the map entitled ``Southern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Mormon Mountains Wilderness''.
        (2) Meadow valley range wilderness.--Certain Federal land 
    managed by the Bureau of Land Management, comprising approximately 
    123,488 acres, as generally depicted on the map entitled ``Southern 
    Lincoln County Wilderness Map'', dated October 1, 2004, which shall 
    be known as the ``Meadow Valley Range Wilderness''.
        (3) Delamar mountains wilderness.--Certain Federal land managed 
    by the Bureau of Land Management, comprising approximately 111,328 
    acres, as generally depicted on the map entitled ``Southern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Delamar Mountains Wilderness''.
        (4) Clover mountains wilderness.--Certain Federal land managed 
    by the Bureau of Land Management, comprising approximately 85,748 
    acres, as generally depicted on the map entitled ``Southern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Clover Mountains Wilderness''.
        (5) South pahroc range wilderness.--Certain Federal land 
    managed by the Bureau of Land Management, comprising approximately 
    25,800 acres, as generally depicted on the map entitled ``Western 
    Lincoln County Wilderness Map'', dated October 1, 2004, which shall 
    be known as the ``South Pahroc Range Wilderness''.
        (6) Worthington mountains wilderness.--Certain Federal land 
    managed by the Bureau of Land Management, comprising approximately 
    30,664 acres, as generally depicted on the map entitled ``Western 
    Lincoln County Wilderness Map'', dated October 1, 2004, which shall 
    be known as the ``Worthington Mountains Wilderness''.
        (7) Weepah spring wilderness.--Certain Federal land managed by 
    the Bureau of Land Management, comprising approximately 51,480 
    acres, as generally depicted on the map entitled ``Western Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Weepah Spring Wilderness''.
        (8) Parsnip peak wilderness.--Certain Federal land managed by 
    the Bureau of Land Management, comprising approximately 43,693 
    acres, as generally depicted on the map entitled ``Northern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Parsnip Peak Wilderness''.
        (9) White rock range wilderness.--Certain Federal land managed 
    by the Bureau of Land Management, comprising approximately 24,413 
    acres, as generally depicted on the map entitled ``Northern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``White Rock Range Wilderness''.
        (10) Fortification range wilderness.--Certain Federal land 
    managed by the Bureau of Land Management, comprising approximately 
    30,656 acres, as generally depicted on the map entitled ``Northern 
    Lincoln County Wilderness Map'', dated October 1, 2004, which shall 
    be known as the ``Fortification Range Wilderness''.
        (11) Far south egans wilderness.--Certain Federal land managed 
    by the Bureau of Land Management, comprising approximately 36,384 
    acres, as generally depicted on the map entitled ``Northern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Far South Egans Wilderness''.
        (12) Tunnel spring wilderness.--Certain Federal land managed by 
    the Bureau of Land Management, comprising approximately 5,371 
    acres, as generally depicted on the map entitled ``Southern Lincoln 
    County Wilderness Map'', dated October 1, 2004, which shall be 
    known as the ``Tunnel Spring Wilderness''.
        (13) Big rocks wilderness.--Certain Federal land managed by the 
    Bureau of Land Management, comprising approximately 12,997 acres, 
    as generally depicted on the map entitled ``Western Lincoln County 
    Wilderness Map'', dated October 1, 2004, which shall be known as 
    the ``Big Rocks Wilderness''.
        (14) Mt. irish wilderness.--Certain Federal land managed by the 
    Bureau of Land Management, comprising approximately 28,334 acres, 
    as generally depicted on the map entitled ``Western Lincoln County 
    Wilderness Map'', dated October 1, 2004, which shall be known as 
    the ``Mt. Irish Wilderness''.
    (b) Boundary.--The boundary of any portion of a wilderness area 
designated by subsection (a) that is bordered by a road shall be at 
least 100 feet from the edge of the road to allow public access.
    (c) Map and Legal Description.--
        (1) In general.--As soon as practicable after the date of 
    enactment of this Act, the Secretary shall file a map and legal 
    description of each wilderness area designated by subsection (a) 
    with the Committee on Resources of the House of Representatives and 
    the Committee on Energy and Natural Resources of the Senate.
        (2) Effect.--Each map and legal description shall have the same 
    force and effect as if included in this section, except that the 
    Secretary may correct clerical and typographical errors in the map 
    or legal description.
        (3) Availability.--Each map and legal description shall be on 
    file and available for public inspection in (as appropriate)--
            (A) the Office of the Director of the Bureau of Land 
        Management;
            (B) the Office of the Nevada State Director of the Bureau 
        of Land Management;
            (C) the Ely Field Office of the Bureau of Land Management; 
        and
            (D) the Caliente Field Station of the Bureau of Land 
        Management.
    (d) Withdrawal.--Subject to valid existing rights, the wilderness 
areas designated by subsection (a) are withdrawn from--
        (1) all forms of entry, appropriation, and disposal under the 
    public land laws;
        (2) location, entry, and patent under the mining laws; and
        (3) operation of the mineral leasing and geothermal leasing 
    laws.

SEC. 204. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, each area 
designated as wilderness by this title shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
        (1) any reference in that Act to the effective date shall be 
    considered to be a reference to the date of the enactment of this 
    Act; and
        (2) any reference in that Act to the Secretary of Agriculture 
    shall be considered to be a reference to the Secretary of the 
    Interior.
    (b) Livestock.--Within the wilderness areas designated under this 
title that are administered by the Bureau of Land Management, the 
grazing of livestock in areas in which grazing is established as of the 
date of enactment of this Act shall be allowed to continue, subject to 
such reasonable regulations, policies, and practices that the Secretary 
considers necessary, consistent with section 4(d)(4) of the Wilderness 
Act (16 U.S.C. 1133(d)(4)), including the 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 title that is acquired by the United States after 
the date of the enactment of this Act shall be added to and 
administered as part of the wilderness area within which the acquired 
land or interest is located.
    (d) Water Rights.--
        (1) Findings.--Congress finds that--
            (A) the land designated as Wilderness by this title is 
        within the Northern Mojave and Great Basin Deserts, is arid in 
        nature, and includes ephemeral streams;
            (B) the hydrology of the land designated as wilderness by 
        this title is predominantly characterized by complex flow 
        patterns and alluvial fans with impermanent channels;
            (C) the subsurface hydrogeology of the region is 
        characterized by ground water subject to local and regional 
        flow gradients and unconfined and artesian conditions;
            (D) the land designated as wilderness by this title is 
        generally not suitable for use or development of new water 
        resource facilities; and
            (E) because of the unique nature and hydrology of the 
        desert land designated as wilderness by this title, it is 
        possible to provide for proper management and protection of the 
        wilderness and other values of lands in ways different from 
        those used in other legislation.
        (2) Statutory construction.--Nothing in this title--
            (A) shall constitute or be construed to constitute either 
        an express or implied reservation by the United States of any 
        water or water rights with respect to the land designated as 
        wilderness by this title;
            (B) shall affect any water rights in the State existing on 
        the date of the enactment of this Act, including any water 
        rights held by the United States;
            (C) shall be construed as establishing a precedent with 
        regard to any future wilderness designations;
            (D) shall affect the interpretation of, or any designation 
        made pursuant to, any other Act; or
            (E) shall be construed as limiting, altering, modifying, or 
        amending any of the interstate compacts or equitable 
        apportionment decrees that apportion water among and between 
        the State and other States.
        (3) Nevada water law.--The Secretary shall follow the 
    procedural and substantive requirements of the law of the State in 
    order to obtain and hold any water rights not in existence on the 
    date of enactment of this Act with respect to the wilderness areas 
    designated by this title.
        (4) New projects.--
            (A) Water resource facility.--As used in this paragraph, 
        the term ``water resource facility''--
                (i) means irrigation and pumping facilities, 
            reservoirs, water conservation works, aqueducts, canals, 
            ditches, pipelines, wells, hydropower projects, and 
            transmission and other ancillary facilities, and other 
            water diversion, storage, and carriage structures; and
                (ii) does not include wildlife guzzlers.
            (B) Restriction on new water resource facilities.--Except 
        as otherwise provided in this Act, on and after the date of the 
        enactment of this Act, neither the President nor any other 
        officer, employee, or agent of the United States shall fund, 
        assist, authorize, or issue a license or permit for the 
        development of any new water resource facility within the 
        wilderness areas designated by this Act.

SEC. 205. ADJACENT MANAGEMENT.

    (a) In General.--Congress does not intend for the designation of 
wilderness in the State pursuant to this title to lead to the creation 
of protective perimeters or buffer zones around any such wilderness 
area.
    (b) Nonwilderness Activities.--The fact that nonwilderness 
activities or uses can be seen or heard from areas within a wilderness 
designated under this title shall not preclude the conduct of those 
activities or uses outside the boundary of the wilderness area.

SEC. 206. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
        (1) low-level overflights of military aircraft over the areas 
    designated as wilderness by this title, including military 
    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. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title shall be construed to diminish the rights of 
any Indian tribe. Nothing in this title shall be construed to diminish 
tribal rights regarding access to Federal land for tribal activities, 
including spiritual, cultural, and traditional food-gathering 
activities.

SEC. 208. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for the purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the public land in the County administered by the Bureau of Land 
Management in the following areas has been adequately studied for 
wilderness designation:
        (1) The Table Mountain Wilderness Study Area.
        (2) Evergreen A, B, and C Wilderness Study Areas.
        (3) Any portion of the wilderness study areas--
            (A) not designated as wilderness by section 114(a); and
            (B) depicted as released on--
                (i) the map entitled ``Northern Lincoln County 
            Wilderness Map'' and dated October 1, 2004;
                (ii) the map entitled ``Southern Lincoln County 
            Wilderness Map'' and dated October 1, 2004; or
                (iii) the map entitled ``Western Lincoln County 
            Wilderness Map'' and dated October 1, 2004.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this title--
        (1) is no longer subject to section 603(c) of the Federal Land 
    Policy and Management Act of 1976 (43 U.S.C. 1782(c));
        (2) shall be managed in accordance with--
            (A) land management plans adopted under section 202 of that 
        Act (43 U.S.C. 1712); and
            (B) existing cooperative conservation agreements; and
        (3) shall be subject to the Endangered Species Act of 1973 (16 
    U.S.C. 1531 et seq.).

SEC. 209. WILDLIFE MANAGEMENT.

    (a) In General.--In accordance with section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or 
diminishes the jurisdiction of the State with respect to fish and 
wildlife management, including the regulation of hunting, fishing, and 
trapping, in the wilderness areas designated by this title.
    (b) Management Activities.--In furtherance of the purposes and 
principles of the Wilderness Act, management activities to maintain or 
restore fish and wildlife populations and the habitats to support such 
populations may be carried out within wilderness areas designated by 
this title where consistent with relevant wilderness management plans, 
in accordance with appropriate policies such as those set forth in 
Appendix B of House Report 101-405, including the occasional and 
temporary use of motorized vehicles, if such use, as determined by the 
Secretary, would promote healthy, viable, and more naturally 
distributed wildlife populations that would enhance wilderness values 
and accomplish those purposes with the minimum impact necessary to 
reasonably accomplish the task.
    (c) Existing Activities.--Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate 
policies such as those set forth in Appendix B of House Report 101-405, 
the State may continue to use aircraft, including helicopters, to 
survey, capture, transplant, monitor, and provide water for wildlife 
populations, including bighorn sheep, and feral stock, horses, and 
burros.
    (d) Wildlife Water Development Projects.--Subject to subsection 
(f), the Secretary shall authorize structures and facilities, including 
existing structures and facilities, for wildlife water development 
projects, including guzzlers, in the wilderness areas designated by 
this Act if--
        (1) the structures and facilities will, as determined by the 
    Secretary, enhance wilderness values by promoting healthy, viable, 
    and more naturally distributed wildlife populations; and
        (2) the visual impacts of the structures and facilities on the 
    wilderness areas can reasonably be minimized.
    (e) Hunting, Fishing, and Trapping.--In consultation with the 
appropriate State agency (except in emergencies), the Secretary may 
designate by regulation areas in which, and establish periods during 
which, for reasons of public safety, administration, or compliance with 
applicable laws, no hunting, fishing, or trapping will be permitted in 
the wilderness areas designated by this Act.
    (f) Cooperative Agreement.--The terms and conditions under which 
the State, including a designee of the State, may conduct wildlife 
management activities in the wilderness areas designated by this title 
are specified in the cooperative agreement between the Secretary and 
the State, entitled ``Memorandum of 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 
that document agreed upon by the Secretary and the State and subject to 
all applicable laws and regulations. Any references to Clark County in 
that document shall also be deemed to be referred to and shall apply to 
Lincoln County, Nevada.

SEC. 210. WILDFIRE MANAGEMENT.

    Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), 
nothing in this title precludes a Federal, State, or local agency from 
conducting wildfire management operations (including operations using 
aircraft or mechanized equipment) to manage wildfires in the wilderness 
areas designated by this title.

SEC. 211. CLIMATOLOGICAL DATA COLLECTION.

    Subject to such terms and conditions as the Secretary may 
prescribe, nothing in this title precludes the installation and 
maintenance of hydrologic, meteorologic, or climatological collection 
devices in the wilderness areas designated by this title if the 
facilities and access to the facilities are essential to flood warning, 
flood control, and water reservoir operation activities.

                      TITLE III--UTILITY CORRIDORS

SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

    (a) Utility Corridor.--
        (1) In general.--Consistent with title II and notwithstanding 
    sections 202 and 503 of the Federal Land Policy and Management Act 
    of 1976 (43 U.S.C. 1711, 1763), the Secretary of the Interior 
    (referred to in this section as the ``Secretary'') shall establish 
    on public land a 2,640-foot wide corridor for utilities in Lincoln 
    County and Clark County, Nevada, as generally depicted on the map 
    entitled ``Lincoln County Conservation, Recreation, and Development 
    Act'', and dated October 1, 2004.
        (2) Availability.--Each map and legal description shall be on 
    file and available for public inspection in (as appropriate)--
            (A) the Office of the Director of the Bureau of Land 
        Management;
            (B) the Office of the Nevada State Director of the Bureau 
        of Land Management;
            (C) the Ely Field Office of the Bureau of Land Management; 
        and
            (D) the Caliente Field Station of the Bureau of Land 
        Management.
    (b) Rights-of-Way.--
        (1) In general.--Notwithstanding sections 202 and 503 of the 
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 
    1763), and subject to valid and existing rights, the Secretary 
    shall grant to the Southern Nevada Water Authority and the Lincoln 
    County Water District nonexclusive rights-of-way to Federal land in 
    Lincoln County and Clark County, Nevada, for any roads, wells, well 
    fields, pipes, pipelines, pump stations, storage facilities, or 
    other facilities and systems that are necessary for the 
    construction and operation of a water conveyance system, as 
    depicted on the map.
        (2) Applicable law.--A right-of-way granted under paragraph (1) 
    shall be granted in perpetuity and shall not require the payment of 
    rental.
        (3) Compliance with nepa.--Before granting a right-of-way under 
    paragraph (1), the Secretary shall comply with the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
    including the identification and consideration of potential impacts 
    to fish and wildlife resources and habitat.
    (c) Withdrawal.--Subject to valid existing rights, the utility 
corridors designated by subsection (a) are withdrawn from--
        (1) all forms of entry, appropriation, and disposal under the 
    public land laws;
        (2) location, entry, and patent under the mining laws; and
        (3) operation of the mineral leasing and geothermal leasing 
    laws.
    (d) State Water Law.--Nothing in this title shall--
        (1) prejudice the decisions or abrogate the jurisdiction of the 
    Nevada or Utah State Engineers with respect to the appropriation, 
    permitting, certification, or adjudication of water rights;
        (2) preempt Nevada or Utah State water law; or
        (3) limit or supersede existing water rights or interest in 
    water rights under Nevada or Utah State law.
    (e) Water Resources Study.--
        (1) In general.--The Secretary, acting through the United 
    States Geological Survey, the Desert Research Institute, and a 
    designee from the State of Utah shall conduct a study to 
    investigate ground water quantity, quality, and flow 
    characteristics in the deep carbonate and alluvial aquifers of 
    White Pine County, Nevada, and any groundwater basins that are 
    located in White Pine County, Nevada, or Lincoln County, Nevada, 
    and adjacent areas in Utah. The study shall--
            (A) focus on a review of existing data and may include new 
        data;
            (B) determine the approximate volume of water stored in 
        aquifers in those areas;
            (C) determine the discharge and recharge characteristics of 
        each aquifer system;
            (D) determine the hydrogeologic and other controls that 
        govern the discharge and recharge of each aquifer system; and
            (E) develop maps at a consistent scale depicting aquifer 
        systems and the recharge and discharge areas of such systems.
        (2) Timing; availability.--The Secretary shall complete a draft 
    of the water resources report required under paragraph (1) not 
    later than 30 months after the date of the enactment of this Act. 
    The Secretary shall then make the draft report available for public 
    comment for a period of not less than 60 days. The final report 
    shall be submitted to the Committee on Resources in the House of 
    Representatives and the Committee on Energy and Natural Resources 
    in the Senate and made available to the public not later than 36 
    months after the date of the enactment of this Act.
        (3) Agreement.--Prior to any transbasin diversion from ground-
    water basins located within both the State of Nevada and the State 
    of Utah, the State of Nevada and the State of Utah shall reach an 
    agreement regarding the division of water resources of those 
    interstate ground-water flow system(s) from which water will be 
    diverted and used by the project. The agreement shall allow for the 
    maximum sustainable beneficial use of the water resources and 
    protect existing water rights.
        (4) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public 
    Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007; 117 
    Stat. 1317) is amended--
            (A) in clauses (ii), (iv), and (v), by striking ``County'' 
        each place it appears and inserting ``and Lincoln Counties'';
            (B) in clause (vi), by striking ``and'' at the end;
            (C) by redesignating clause (vii) as clause (viii); and
            (D) by inserting after clause (vi) the following:
                ``(vii) for development of a water study for Lincoln 
            and White Pine Counties, Nevada, in an amount not to exceed 
            $6,000,000; and''.

SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS LOCATED IN 
              CLARK AND LINCOLN COUNTIES IN THE STATE OF NEVADA.

    (a) Definitions.--In this section:
        (1) Agreement.--The term ``Agreement'' means the land exchange 
    agreement between Aerojet-General Corporation and the United 
    States, dated July 14, 1988.
        (2) Corridor.--The term ``corridor'' means--
            (A) the right-of-way corridor that is--
                (i) identified in section 5(b)(1) of the Nevada-Florida 
            Land Exchange Authorization Act of 1988 (102 Stat. 55); and
                (ii) described in section 14(a) of the Agreement;
            (B) such portion of the utility corridor identified in the 
        1988 Las Vegas Resource Management Plan located south of the 
        boundary of the corridor described in subparagraph (A) as is 
        necessary to relocate the right-of-way corridor to the area 
        described in subsection (c)(2); and
            (C) such portion of the utility corridor identified in the 
        2000 Caliente Management Framework Plan Amendment located north 
        of the boundary of the corridor described in subparagraph (A) 
        as is necessary to relocate the right-of-way corridor to the 
        area described in subsection (c)(2).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (b) Relinquishment and Fair Market Value.--
        (1) In general.--The Secretary shall, in accordance with this 
    section, relinquish all right, title, and interest of the United 
    States in and to the corridor on receipt of a payment in an amount 
    equal to the fair market value of the corridor (plus any costs 
    relating to the right-of-way relocation described in this title).
        (2) Fair market value.--
            (A) The fair market value of the corridor shall be equal to 
        the amount by which the value of the discount described in the 
        1988 appraisal of the corridor that was applied to the land 
        underlying the corridor has increased, as determined by the 
        Secretary using the multiplier determined under subparagraph 
        (B).
            (B) Not later than 60 days after the date of the enactment 
        of this Act, the Appraisal Services Directorate of the 
        Department of the Interior shall determine an appropriate 
        multiplier to reflect the change in the value of the land 
        underlying the corridor between--
                (i) the date of which the corridor was transferred in 
            accordance with the Agreement; and
                (ii) the date of enactment of this Act.
        (3) Proceeds.--Proceeds under this subsection shall be 
    deposited in the account established under section 103(b)(3).
    (c) Relocation.--
        (1) In general.--The Secretary shall relocate to the area 
    described in paragraph (2), the portion of IDI-26446 and UTU-73363 
    identified as NVN-49781 that is located in the corridor 
    relinquished under subsection (b)(1).
        (2) Description of area.--The area referred to in paragraph (1) 
    is the area located on public land west of United States Route 93.
        (3) Requirements.--The relocation under paragraph (1) shall be 
    conducted in a manner that--
            (A) minimizes engineering design changes; and
            (B) maintains a gradual and smooth interconnection of the 
        corridor with the area described in paragraph (2).
        (4) Authorized uses.--The Secretary may authorize the location 
    of any above ground or underground utility facility, transmission 
    lines, gas pipelines, natural gas pipelines, fiber optics, 
    telecommunications, water lines, wells (including monitoring 
    wells), cable television, and any related appurtenances in the area 
    described in paragraph (1).
    (d) Effect.--The relocation of the corridor under this section 
shall not require the Secretary to update the 1998 Las Vegas Valley 
Resource Management Plan or the 2000 Caliente Management Framework Plan 
Amendment.
    (e) Waiver of Certain Requirements.--The Secretary shall waive the 
requirements of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) that would otherwise be applicable to the holders 
of the right-of-way corridor described in subsection (a)(2)(A) with 
respect to an amendment to the legal description of the right-of-way 
corridor.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

SEC. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

    (a) Definitions.--In this section:
        (1) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (2) Map.--The term ``Map'' means the map entitled ``Lincoln 
    County Conservation, Recreation and Development Act Map'' and dated 
    October 1, 2004.
        (3) Trail.--The term ``Trail'' means the system of trails 
    designated in subsection (b) as the Silver State Off-Highway 
    Vehicle Trail.
    (b) Designation.--The trails that are generally depicted on the Map 
are hereby designated as the ``Silver State Off-Highway Vehicle 
Trail''.
    (c) Management.--
        (1) In general.--The Secretary shall manage the Trail in a 
    manner that--
            (A) is consistent with motorized and mechanized use of the 
        Trail that is authorized on the date of the enactment of this 
        Act pursuant to applicable Federal and State laws and 
        regulations;
            (B) ensures the safety of the people who use the Trail; and
            (C) does not damage sensitive habitat or cultural 
        resources.
        (2) Management plan.--
            (A) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretary, in consultation 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 
        the effects of the use of off-highway vehicles on the Trail 
        and, in consultation with the Nevada Division of Wildlife, 
        assess the effects of the Trail on wildlife and wildlife 
        habitat to minimize environmental impacts and prevent damage to 
        cultural resources from the use of the Trail.
            (B) Closure.--The Secretary, in consultation with the State 
        and the County, may temporarily close or permanently reroute, 
        subject to subparagraph (C), a portion of the Trail if the 
        Secretary determines that--
                (i) the Trail is having an adverse impact on--

                    (I) natural resources; or
                    (II) cultural resources;

                (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.--Portions of the Trail that are temporarily 
        closed may be permanently rerouted along existing roads and 
        trails on public lands currently open to motorized use if the 
        Secretary determines that such rerouting will not significantly 
        increase or decrease the length of the Trail.
            (D) Notice.--The Secretary shall provide information to the 
        public regarding any routes on the Trail that are closed under 
        subparagraph (B), including by providing appropriate signage 
        along the Trail.
        (4) Notice of open routes.--The Secretary shall ensure that 
    visitors to the Trail have access to adequate notice regarding the 
    routes on the Trail that are open through use of appropriate 
    signage along the Trail and through the distribution of maps, 
    safety education materials, and other information considered 
    appropriate by the Secretary.
    (d) No Effect on Non-Federal Land and Interests in Land.--Nothing 
in this section shall be construed to affect ownership, management, or 
other rights related to non-Federal land or interests in land.
    (e) Map on File.--The Map shall be kept on file at the appropriate 
offices of the Secretary.

                       TITLE V--OPEN SPACE PARKS

SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, NEVADA.

    (a) Conveyance.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1171, 1712), 
not later than 1 year after lands are identified by the County, the 
Secretary shall convey to the County, 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).
    (b) Description of Land.--Up to 15,000 acres of Bureau of Land 
Management-managed public land in Lincoln County identified by the 
county in consultation with the Bureau of Land Management.
    (c) Costs.--Any costs relating to any conveyance under subsection 
(a), including costs for surveys and other administrative costs, shall 
be paid by the County, or in accordance with section 103(b)(2) of this 
Act.
    (d) Use of Land.--
        (1) In general.--Any parcel of land conveyed to the County 
    under subsection (a) shall be used only for--
            (A) the conservation of natural resources; or
            (B) public parks.
        (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 specified in 
subsection (d), the parcel of land shall, at the discretion of the 
Secretary, revert to the United States.

SEC. 502. OPEN SPACE PARK 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 of Nevada, 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 there is a 
written agreement between the State and Lincoln County, Nevada, 
supporting such a conveyance.
    (b) Description of Land.--The parcels of land referred to in 
subsection (a) are the parcels of land depicted as ``NV St. Park 
Expansion Proposal'' on the map entitled ``Lincoln County Conservation, 
Recreation, and Development Act Map'' and dated October 1, 2004.
    (c) Costs.--Any costs relating to any 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 natural resources; or
            (B) public parks.
        (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 specified in 
subsection (d), the parcel of land shall, at the discretion of the 
Secretary, revert to the United States.

                    TITLE VI--JURISDICTION TRANSFER

SEC. 601. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE FISH AND 
              WILDLIFE SERVICE AND THE BUREAU OF LAND MANAGEMENT.

    (a) In General.--Administrative jurisdiction over the land 
described in subsection (b) is transferred from the United States 
Bureau of Land Management to the United States Fish and Wildlife 
Service for inclusion in the Desert National Wildlife Range and the 
administrative jurisdiction over the land described in subsection (c) 
is transferred from the United States Fish and Wildlife Service to the 
United States Bureau of Land Management.
    (b) Description of Land.--The parcel of land referred to in 
subsection (a) is the approximately 8,503 acres of land administered by 
the United States Bureau of Land Management as generally depicted on 
the map entitled ``Lincoln County Conservation, Recreation, and 
Development Act Map'' and identified as ``Lands to be transferred to 
the Fish and Wildlife Service'' and dated October 1, 2004.
    (c) Description of Land.--The parcel of land referred to in 
subsection (a) is the approximately 8,382 acres of land administered by 
the United States Fish and Wildlife Service as generally depicted on 
the map entitled ``Lincoln County Conservation, Recreation, and 
Development Act Map'' and identified as ``Lands to be transferred to 
the Bureau of Land Management'' and dated October 1, 2004.
    (d) Availability.--Each map and legal description shall be on file 
and available for public inspection in (as appropriate)--
        (1) the Office of the Director of the Bureau of Land 
    Management;
        (2) the Office of the Nevada State Director of the Bureau of 
    Land Management;
        (3) the Ely Field Station of the Bureau of Land Management;
        (4) the Caliente Field Office of the Bureau of Land Management;
        (5) the Office of the Director of the United States Fish and 
    Wildlife Service; and
        (6) the Office of the Desert National Wildlife Complex.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.