[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4593
To establish wilderness areas, promote conservation, improve public
land, and provide for the high quality development in Lincoln County,
Nevada, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2004
Mr. Gibbons (for himself, Mr. Porter, and Ms. Berkley) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
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. SHORT TITLE.
This Act may be cited as the ``Lincoln County Conservation,
Recreation, and Development Act of 2004''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. 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 June 14, 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 104(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 the land described in subsection (b) to
qualified bidders.
(b) Description of Land.--The land referred to in subsection (a)
consists of--
(1) the land identified on the map for disposal within 75
days, comprising 2 parcels totaling approximately 13,373 acres;
and
(2) the land identified on the map for annual disposal,
comprising approximately 87,005 acres.
(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 State Director of the Bureau of Land
Management;
(3) the Ely District Office of the Bureau of Land
Management; and
(4) the Caliente Field Office 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) through a competitive bidding process; and
(2) for not less than fair market value.
(g) Segregation.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the land described in
subsection (b) is segregated from--
(A) all forms of entry and appropriation under the
public land laws, including the mining laws; and
(B) 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 title, convey the land
described in subsection (b)(1) if there is a qualified
bidder for such land; and
(B) not later than 1 year after the date of the
enactment of this title, and annually thereafter until
the land is disposed of, convey the land described in
subsection (b)(2).
(2) Postponement; exclusion from sale.--
(A) Request by county for postponement or
exclusion.--
(i) In general.--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).
(ii) Indefinite postponement.--Unless
specifically requested by the County, a
postponement under clause (i) shall not be
indefinite.
(B) Exclusion by secretary.--Notwithstanding
paragraph (1), the Secretary may exclude from sale not
more than 10,000 acres of the land described in
subsection (b)(2) if the Secretary determines that such
sale is inconsistent with the protection of habitat and
cultural resources.
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 103(b)(1).
(b) Subsequent Land Sales.--Of the gross proceeds of the sale of
the land described in section 103(b)(2)--
(1) 5 percent shall be paid directly to the State for use
in the general education program of the State;
(2) 45 percent shall be paid to the County for use for
economic development in the County, including County parks,
trails, and natural areas; 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 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;
(B) the development of a multispecies habitat
conservation plan for the County; and
(C) the reimbursement of costs incurred by the
Nevada State Office and the Ely Field Office of the
Bureau of Land Management for--
(i) preparing for the sale of land under
section 103(a), including the costs of--
(I) conducting any land boundary
surveys;
(II) complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(III) conducting any appraisals;
(IV) obtaining environmental and
cultural clearances; and
(V) providing public notice of the
sale;
(ii) processing public land use
authorizations and rights-of-way relating to
the development of the land conveyed under
section 103(a);
(iii) processing the Silver State OHV trail
and implementing the management plan required
by section 401(c)(3) of this Act; and
(iv) processing wilderness designations,
including 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.
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 153,939 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
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 124,833 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
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 111,389 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
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 85,757 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Clover Mountains
Wilderness''.
(5) South pahroc wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
25,638 acres, as generally depicted on the map entitled
``Western Lincoln County Wilderness Map'', dated June 1, 2004,
which shall be known as the ``South Pahroc Wilderness''.
(6) Worthington mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 30,936 acres, as generally depicted on the map
entitled ``Western Lincoln County Wilderness Map'', dated June
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
51,117 acres, as generally depicted on the map entitled
``Western Lincoln County Wilderness Map'', dated June 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
45,837 acres, as generally depicted on the map entitled
``Northern Lincoln County Wilderness Map'', dated June 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 June
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 28,837 acres, as generally depicted on the map
entitled ``Northern Lincoln County Wilderness Map'', dated June
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 June
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 5,530 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Tunnel Spring
Wilderness''.
(13) Big rock wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 13,913
acres, as generally depicted on the map entitled ``Western
Lincoln County Wilderness Map'', dated June 1, 2004, which
shall be known as the ``Big Rock Wilderness''.
(14) Mt. irish wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 31,088
acres, as generally depicted on the map entitled ``Western
Lincoln County Wilderness Map'', dated June 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 title, 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 State Director of the Bureau
of Land Management;
(C) the Ely District Office of the Bureau of Land
Management; and
(D) the Caliente Field Office 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, mineral materials,
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 title; 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 title 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 title 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 Desert, 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 title,
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 title 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 204(a);
and
(B) depicted as released on--
(i) the map entitled ``Northern Lincoln
County Wilderness Map'' and dated February 10,
2004;
(ii) the map entitled ``Southern Lincoln
County Wilderness Map'' and dated February 10,
2004; or
(iii) the map entitled ``Western Lincoln
County Wilderness Map'' and dated June 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.--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 a 2,640-foot wide
corridor for utilities in Lincoln County and Clark County,
Nevada, as depicted on the map entitled ``Lincoln County
Conservation, Recreation, and Development Act'', and dated June
14, 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 State Director of the Bureau
of Land Management;
(C) the Ely District Office of the Bureau of Land
Management; and
(D) the Caliente Field Office 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), the Secretary shall grant to the Southern Nevada
Water Authority and the Lincoln County Water District 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 managed in accordance with section 4 of the
Southern Nevada Public Land Management Act of 1998 (112 Stat.
2344).
(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, mineral materials,
and geothermal leasing laws.
(d) State Water Law.--Nothing in this title shall--
(1) prejudice the decisions or abrogate the jurisdiction of
the Nevada State Engineer with respect to the appropriation,
permitting, certification, or adjudication of water rights;
(2) preempt Nevada State water law; or
(3) limit or supersede existing water rights or interest in
water rights under Nevada State law.
(e) Water Resources Study.--
(1) In general.--The Secretary, acting through the United
States Geological Survey and the Desert Research Institute,
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. The study
shall--
(A) include new and review of existing data;
(B) determine the 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.
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.--The fair market value of the
corridor shall be determined based on the amount of the
discount described in the Agreement that was applied to the
land underlying the corridor, as adjusted for inflation in
accordance with the Consumer Price Index for the West Urban
area as of the date of enactment of this title.
(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) consists of an area--
(A) 1,000 feet wide; and
(B) located west of and parallel to the centerline
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 subsection (c)
shall not require the Secretary to--
(1) update the 1998 Las Vegas Valley Resource Management
Plan or the 2000 Caliente Management Framework Plan Amendment;
or
(2) undertake any further environmental assessment work
before the relocation of the corridor.
(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 June 14, 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 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 title 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 2 years after the
date of the enactment of this title, 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 monitoring and enforcement
actions carried out to minimize environmental
impacts and prevent damage to cultural
resources from the use of the Trail.
(3) Closures.--
(A) In general.--The Secretary, in consultation
with the State and the County, may temporarily close 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.
(B) Notice.--The Secretary shall provide
information to the public regarding any routes on the
Trail that are closed under subparagraph (A), 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 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.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE V--OPEN SPACE PARKS
SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, NEVADA.
(a) Conveyance.--Notwithstanding section 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1171, 1712), the
Secretary may 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.--The parcels of land referred to in
subsection (a) are the parcels of land depicted as ``Lincoln County
Parks Proposal'' on the map entitled ``Lincoln County Conservation,
Recreation, and Development Act Map'' and dated June 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 County, or in accordance with section 104(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, if determined to be
appropriate by 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 may
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 June 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, if determined to be
appropriate by 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 June 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 June 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 State Director of the Bureau of Land
Management;
(3) the Ely District Office of the Bureau of Land
Management; and
(4) the Caliente Field Office of the Bureau of Land
Management.
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