[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Reported in House (RH)]






                                                 Union Calendar No. 443
108th CONGRESS
  2d Session
                                H. R. 4593

                          [Report No. 108-720]

  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

                            October 4, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               16, 2004]

_______________________________________________________________________

                                 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 103(b)(3).

SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), 
the Secretary, in cooperation with the County, in accordance with that 
Act, this title, and other applicable law and subject to valid existing 
rights, shall conduct sales of--
            (1) the land described in subsection (b)(1) to qualified 
        bidders not later than 75 days after the date of the enactment 
        of this Act; and
            (2) the land described in subsection (b)(2) to qualified 
        bidders as such land becomes avalable 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 and 90,000 acres of Bureau of Land 
        Management-managed public land in Lincoln County identified for 
        disposal by the Bureau of Land Management 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) through a competitive bidding process unless otherwise 
        determined by the Secretary; and
            (2) 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; 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, offer by sale the 
                land described in subsection (b)(1) if there is a 
                qualified bidder for such land; and
                    (B) offer for sale annually lands identified for 
                sale in subsection (b)(2) until such lands are disposed 
                of or unless the county requests a postponement under 
                paragraph (2).
            (2) Postponement; exclusion from sale.--
                    (A) Request by county for postponement or 
                exclusion.--At the request of the County, the Secretary 
                shall postpone or exclude from the sale all or a 
                portion of the land described in subsection (b)(2).
                    (B) Indefinite postponement.--Unless specifically 
                requested by the County, a postponement under 
                subparagraph (A) shall not be indefinite.

SEC. 103. DISPOSITION OF PROCEEDS.

    (a) Initial Land Sale.--Section 5 of the Lincoln County Land Act of 
2000 (114 Stat. 1047) shall apply to the disposition of the gross 
proceeds from the sale of land described in section 102.
    (b) Subsequent Land Sales.--Of the gross proceeds of the sale of 
the land described in section 102(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 and implementation 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 102(b)(2);
                            (iii) processing the Silver State OHV trail 
                        and implementing the management plan required 
                        by section 401(c)(2) of this Act; and
                            (iv) processing wilderness designations, 
                        including but not limited to, the costs of 
                        appropriate fencing, signage, public education, 
                        and enforcement for the wilderness areas 
                        designated.
    (c) Investment of Special Account.--Any amounts deposited in the 
special account shall earn interest in an amount determined by the 
Secretary of the Treasury on the basis of the current average market 
yield on outstanding marketable obligations of the United States of 
comparable maturities and may be expended according to the provisions 
of this section.

                       TITLE II--WILDERNESS AREAS

SEC. 201. FINDINGS.

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

SEC. 202. DEFINITIONS.

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

SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following land in the State is designated as 
wilderness and as components of the National Wilderness Preservation 
System:
            (1) Mormon mountains wilderness.--Certain Federal land 
        managed by the Bureau of Land Management, comprising 
        approximately 149,677 acres, as generally depicted on the map 
        entitled ``Lincoln County Conservation, Recreation, and 
        Development Act Map'', dated September 20, 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 range 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 Range 
        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''.
    (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, 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, and Great Basin 
                Deserts, is arid in nature, and includes ephemeral 
                streams;
                    (B) the hydrology of the land designated as 
                wilderness by this title is predominantly characterized 
                by complex flow patterns and alluvial fans with 
                impermanent channels;
                    (C) the subsurface hydrogeology of the region is 
                characterized by ground water subject to local and 
                regional flow gradients and unconfined and artesian 
                conditions;
                    (D) the land designated as wilderness by this title 
                is generally not suitable for use or development of new 
                water resource facilities; and
                    (E) because of the unique nature and hydrology of 
                the desert land designated as wilderness by this title, 
                it is possible to provide for proper management and 
                protection of the wilderness and other values of lands 
                in ways different from those used in other legislation.
            (2) Statutory construction.--Nothing in this title--
                    (A) shall constitute or be construed to constitute 
                either an express or implied reservation by the United 
                States of any water or water rights with respect to the 
                land designated as wilderness by this title;
                    (B) shall affect any water rights in the State 
                existing on the date of the enactment of this 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 June 1, 2004;
                            (ii) the map entitled ``Southern Lincoln 
                        County Wilderness Map'' and dated June 1, 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.--Consistent with title II of the Act 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 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 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 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 rental 
        payment.
            (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 portion of the corridor described 
        in section 302(a)(2)(A) not later than 30 days after receipt of 
        a payment in an amount equal to the fair market value of the 
        corridor (plus any costs relating to the right-of-way 
        relocation described in this title).
            (2) Fair market value.--
                    (A) In general.--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) Multiplier.--Not later than 60 days after the 
                date of 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 on which the corridor was 
                        transferred in accordane with the Agreement; 
                        and
                            (ii) the date of enactment of this Act.
            (3) Proceeds.--Proceeds under this subsection shall be 
        deposited in the account established under section 103.
    (c) Relocation.--
            (1) In general.--The Secretary shall relocate to the area 
        described in paragraph (2), the portion of IDI-26446 and UTU-
        73363 identified as NVN-49781 that is located in the corridor 
        relinquished under subsection (b)(1).
            (2) Description of area.--The area referred to in paragraph 
        (1) is the area located on public land west of United States 
        Route 93.
            (3) Requirements.--The relocation under paragraph (1) shall 
        be conducted in a manner that--
                    (A) minimizes engineering design changes; and
                    (B) maintains a gradual and smooth interconnection 
                of the corridor with the area described in paragraph 
                (2).
            (4) Authorized uses.--The Secretary may authorize the 
        location of any above ground or underground utility facility, 
        transmission lines, gas pipelines, natural gas pipelines, fiber 
        optics, telecommunications, water lines, wells (including 
        monitoring wells), cable television, and any related 
        appurtenances in the area described in paragraph (1).
    (d) Effect.--The relocation of the corridor under this section 
shall not require the Secretary to update the 1998 Las Vegas Valley 
Resource Management Plan or the 2000 Caliente Management Framework Plan 
Amendment.
    (e) Waiver of Certain Requirements.--The Secretary shall waive the 
requirements of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) that would otherwise be applicable to the holders 
of the right-of-way corridor described in subsection (a)(2)(A) with 
respect to an amendment to the legal description of the right-of-way 
corridor.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

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

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Map.--The term ``Map'' means the map entitled ``Lincoln 
        County Conservation, Recreation and Development Act Map'' and 
        dated 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 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.
            (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.
    (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 14, 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, at the discretion of the 
Secretary, revert to the United States.

SEC. 502. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

    (a) Conveyance.--Notwithstanding section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall 
convey to the State of Nevada, subject to valid existing rights, for no 
consideration, all right, title, and interest of the United States in 
and to the parcels of land described in subsection (b), if there is a 
written agreement between the State and Lincoln County, Nevada, 
supporting such a conveyance.
    (b) Description of Land.--The parcels of land referred to in 
subsection (a) are the parcels of land depicted as ``NV St. Park 
Expansion Proposal'' on the map entitled ``Lincoln County Conservation, 
Recreation, and Development Act Map'' and dated June 14, 2004.
    (c) Costs.--Any costs relating to any conveyance under subsection 
(a), including costs for surveys and other administrative costs, shall 
be paid by the State.
    (d) Use of Land.--
            (1) In general.--Any parcel of land conveyed to the State 
        under subsection (a) shall be used only for--
                    (A) the conservation of natural resources; or
                    (B) public parks.
            (2) Facilities.--Any facility on a parcel of land conveyed 
        under subsection (a) shall be constructed and managed in a 
        manner consistent with the uses described in paragraph (1).
    (e) Reversion.--If a parcel of land conveyed under subsection (a) 
is used in a manner that is inconsistent with the uses specified in 
subsection (d), the parcel of land shall, at the discretion of the 
Secretary, revert to the United States.

                    TITLE VI--JURISDICTION TRANSFER

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

    (a) In General.--Administrative jurisdiction over the land 
described in subsection (b) is transferred from the United States 
Bureau of Land Management to the United States Fish and Wildlife 
Service for inclusion in the Desert National Wildlife Range and the 
administrative jurisdiction over the land described in subsection (c) 
is transferred from the United States Fish and Wildlife Service to the 
United States Bureau of Land Management.
    (b) Description of Land.--The parcel of land referred to in 
subsection (a) is the approximately 8,503 acres of land administered by 
the United States Bureau of Land Management as generally depicted on 
the map entitled ``Lincoln County Conservation, Recreation, and 
Development Act Map'' and identified as ``Lands to be transferred to 
the Fish and Wildlife Service'' and dated June 14, 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 14, 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 Office of the Bureau of Land Management; 
        and
            (4) the Caliente Field Station of the Bureau of Land 
        Management.




                                                 Union Calendar No. 443

108th CONGRESS

  2d Session

                               H. R. 4593

                          [Report No. 108-720]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 4, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed