[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Received in Senate (RDS)]
2d Session
H. R. 4593
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2004
Received
_______________________________________________________________________
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.
TITLE I--LINCOLN COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Lincoln County Conservation,
Recreation, and Development Act of 2004''.
Subtitle A--Land Disposal
SEC. 111. DEFINITIONS.
In this subtitle:
(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 113(b)(3).
SEC. 112. 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 subtitle, 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) between 87,000-90,000 acres of Bureau of Land
Management managed public land in Lincoln County 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 title, 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. 113. 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 112(b)(1).
(b) Reimbursement of Costs.--Proceeds from the sale of lands
described in section 112(b)(2) shall be used to reimburse 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).
(c) Disposition of Proceeds.--Following compliance with section
113(b) proceeds from sales of lands described in section 112(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) 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, protectionand
management of unique archaeological resources (as
defined in section 3 of the Archaeological Resources
Protection Act of 19792 (16 U.S.C. 470bb)) of the
County;
(B) the development and implementation of a
multispecies habitat conservation plan for the County;
(C) processing of public land use authorizations
and rights-of-way relating to the development of land
conveyed under section 112(b) of this Act;
(D) processing the Silver State OHV trail and
implementing the management plan required by section
151(c)(2) of this Act; and
(E) processing wilderness designation, including
but not limited to, the costs of appropriate fencing,
signage, public education, and enforcement for the
wilderness areas designated.
(d) 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.
Subtitle B--Wilderness Areas
SEC. 121. 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. 122. DEFINITIONS.
In this subtitle:
(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. 123. 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 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 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. 124. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of 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
subtitle 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 subtitle 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
subtitle 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 subtitle 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
subtitle 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
subtitle, 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 subtitle--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this subtitle;
(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 subtitle.
(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 title, 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 title.
SEC. 125. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the designation of
wilderness in the State pursuant to this subtitle to lead to the
creation of protective perimeters or buffer zones around any such
wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a wilderness
designated under this subtitle shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
SEC. 126. MILITARY OVERFLIGHTS.
Nothing in this subtitle restricts or precludes--
(1) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 127. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this subtitle shall be construed to diminish the rights
of any Indian tribe. Nothing in this subtitle shall be construed to
diminish tribal rights regarding access to Federal land for tribal
activities, including spiritual, cultural, and traditional food-
gathering activities.
SEC. 128. 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 124(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 subtitle--
(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. 129. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects
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 subtitle.
(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 subtitle 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 title 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 title.
(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
subtitle 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. 130. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133),
nothing in this subtitle 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 subtitle.
SEC. 131. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
prescribe, nothing in this subtitle precludes the installation and
maintenance of hydrologic, meteorologic, or climatological collection
devices in the wilderness areas designated by this subtitle if the
facilities and access to the facilities are essential to flood warning,
flood control, and water reservoir operation activities.
Subtitle C--Utility Corridors
SEC. 141. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) Utility Corridor.--
(1) In general.--Consistent with subtitle B 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 subtitle 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 and 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
Lincoln and White Pine Counties, Nevada and adjacent areas in
Utah. 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.
(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.
SEC. 142. 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 subtitle).
(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 113(c)
(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.
Subtitle D--Silver State Off-Highway Vehicle Trail
SEC. 151. 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 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 3 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 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.
Subtitle E--Open Space Parks
SEC. 161. 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 113(c)(2) of this
title.
(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. 162. 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.
Subtitle F--Jurisdiction Transfer
SEC. 171. 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.
TITLE II--OJITO WILDERNESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Ojito Wilderness Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated October 1, 2004.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 3(a).
SEC. 203. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise approximately 11,183 acres, as
generally depicted on the map, and which shall be known as the ``Ojito
Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
title, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the Wilderness shall be managed by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that,
with respect to the Wilderness, any reference in the Wilderness Act to
the effective date of the Wilderness Act shall be deemed to be a
reference to the date of the enactment of this Act.
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the Wilderness and
shall be managed in accordance with this title and other laws
applicable to the Wilderness:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the Wilderness.
(e) Management of Lands to Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the Wilderness
if the United States acquires, or alternative adequate access is
available to section 12 of township 15 north, range 01 west.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782)
and no longer are subject to the requirement of section 603(c) of such
Act (16 U.S.C. 1782(c)) pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(g) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of the enactment of this Act, shall be
administered in accordance with the provisions of section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth
in Appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H.
Rept. 101-405).
(h) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(i) Water.--Nothing in this section shall affect any existing valid
water right.
(j) Withdrawal.--Subject to valid existing rights, the Wilderness,
the lands to be added under subsection (e), and lands authorized to be
acquired by the Pueblo as generally depicted on the map 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.
(k) Exchange.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall seek to complete an exchange
for State land within the boundaries of the Wilderness.
SEC. 204. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
shall, on receipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the Pueblo and
shall be part of the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo
that is performed in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(3) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary; Provided that the
Secretary shall ensure that the rights provided for in this
paragraph are protected and that a process for resolving any
complaints by an aggrieved party is established.
(2) Conditions.--Except as provided in subsection (f)--
(A) In general.--The land conveyed under subsection
(a) shall be maintained as open space, and the natural
characteristics of the land shall be preserved in
perpetuity.
(B) Prohibited uses.--The use of motorized vehicles
(except on existing roads or as is necessary for the
maintenance and repair of facilities used in connection
with grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Rights of Way.--
(1) Existing rights of way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way, or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights of way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable requests for rights-of-way for utilities and
pipelines over land acquired under subsection (a) that
is designated as the Rights-of-Way corridor #1 as
established in the Rio Puerco Resource Management Plan
in effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of the enactment of this Act
over land authorized to be conveyed by this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the
Department of the Interior, including the Rio Puerco
Resources Management Plan in effect on the date of
issuance or renewal of the right-of-way.
(f) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo.
Passed the House of Representatives October 4, 2004.
Attest:
JEFF TRANDAHL,
Clerk.