[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3772 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3772

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2006

 Mr. Ensign (for himself and Mr. Reid) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 2. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``White Pine County 
Conservation, Recreation, and Development Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Authorization of appropriations.
Sec. 2. Short title; table of contents.
Sec. 3. Definitions.
                         TITLE I--LAND DISPOSAL

Sec. 101. Conveyance of White Pine County, Nevada, land.
Sec. 102. Disposition of proceeds.
                       TITLE II--WILDERNESS AREAS

Sec. 201. Short title.
Sec. 202. Findings.
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--TRANSFERS OF ADMINISTRATIVE JURISDICTION

Sec. 301. Transfer to the United States Fish and Wildlife Service.
Sec. 302. Transfer to the Bureau of Land Management.
Sec. 303. Availability of map and legal descriptions.
                      TITLE IV--PUBLIC CONVEYANCES

Sec. 401. Conveyance to the State of Nevada.
Sec. 402. Conveyance to White Pine County, Nevada.
            TITLE V--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

Sec. 501. Silver State off-highway vehicle trail.
  TITLE VI--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE 
                                 TRIBE.

Sec. 601. Transfer of land to be held in trust for the Ely Shoshone 
                            Tribe.
        TITLE VII--EASTERN NEVADA LANDSCAPE RESTORATION PROJECT.

Sec. 701. Findings; purposes.
Sec. 702. Definitions.
Sec. 703. Restoration project.
 TITLE VIII--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT 
                              ACT OF 1998

Sec. 801. Findings.
Sec. 802. Definitions.
Sec. 803. Availability of special account.
Sec. 804. Affordable housing.
                  TITLE IX--GREAT BASIN HERITAGE ROUTE

Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Great Basin National Heritage Route.
Sec. 905. Memorandum of understanding.
Sec. 906. Management Plan.
Sec. 907. Authority and duties of local coordinating entity.
Sec. 908. Duties and authorities of Federal agencies.
Sec. 909. Land use regulation; applicability of Federal law.
Sec. 910. Authorization of appropriations.
Sec. 911. Termination of authority.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means White Pine County, 
        Nevada.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land in the National Forest 
                System, the Secretary of Agriculture; and
                    (B) with respect to other Federal land, the 
                Secretary of the Interior.
            (3) State.--The term ``State'' means the State of Nevada.

                         TITLE I--LAND DISPOSAL

SEC. 101. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
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, at such time as the parcels of Federal land become 
available for disposal, conduct sales of the parcels of Federal land 
described in subsection (b) to qualified bidders.
    (b) Description of Land.--The parcels of Federal land referred to 
in subsection (a) consist of not more than 45,000 acres of Bureau of 
Land Management land in the County that--
            (1) is not segregated or withdrawn on or after the date of 
        enactment of this Act; and
            (2) is identified for disposal by the Bureau of Land 
        Management through--
                    (A) the Ely Resource Management Plan; or
                    (B) a subsequent amendment to the management plan 
                that is undertaken with full public involvement.
    (c) Availability.--The map and any legal descriptions of the 
Federal land conveyed under this section shall be on file and available 
for public inspection in--
            (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; and
            (3) the Ely Field Office of the Bureau of Land Management.
    (d) Joint Selection Required.--The Secretary and the County shall 
jointly select which parcels of Federal land described in subsection 
(b) to offer for sale under subsection (a).
    (e) Compliance With Local Planning and Zoning Laws.--Before a sale 
of Federal 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 Federal land under 
subsection (a) shall be--
            (1) consistent with subsections (d) and (f) of section 203 
        of the Federal Land Management Policy Act of 1976 (43 U.S.C. 
        1713);
            (2) unless otherwise determined by the Secretary, through a 
        competitive bidding process; 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 Federal land described 
        in subsection (b) is withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws and mining laws;
                    (B) location and patent under the mining laws; and
                    (C) operation of the mineral laws, geothermal 
                leasing laws, and mineral material laws.
            (2) Exception.--Paragraph (1)(A) shall not apply to sales 
        made consistent with this section or an election by the County 
        or the State to obtain the land described in subsection (b) for 
        public purposes under the Act of June 14, 1926 (commonly known 
        as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 
        et seq.).
    (h) Deadline for Sale.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date of enactment of this Act and 
        annually thereafter until the Federal land described in 
        subsection (b) is disposed of or the County requests a 
        postponement under paragraph (2), the Secretary shall offer for 
        sale the Federal land described in subsection (b).
            (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).
                    (B) Indefinite postponement.--Unless specifically 
                requested by the County, a postponement under 
                subparagraph (A) shall not be indefinite.

SEC. 102. DISPOSITION OF PROCEEDS.

    (a) Disposition of Proceeds.--Of the proceeds from the sale of 
Federal land described in section 101(b)--
            (1) 5 percent shall be paid directly to the State for use 
        in the general education program of the State;
            (2) 10 percent shall be paid to the County for use for fire 
        protection, law enforcement, public safety, housing, social 
        services, transportation, and natural resource planning; and
            (3) the remainder shall be deposited in a special account 
        in the Treasury of the United States, to be known as the 
        ``White Pine County Special Account'' (referred to in this 
        title as the ``special account''), and shall be available 
        without further appropriation to the Secretary until expended 
        for--
                    (A) the reimbursement of costs incurred by the 
                Nevada State office and the Ely Field Office of the 
                Bureau of Land Management for preparing for the sale of 
                Federal land described in section 101(b), including the 
                costs of surveys and appraisals and compliance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321) and sections 202 and 203 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712, 
                1713);
                    (B) the inventory, evaluation, protection, and 
                management of unique archaeological resources (as 
                defined in section 3 of the Archaeological Resources 
                Protection Act of 1979 (16 U.S.C. 470bb)) of the 
                County;
                    (C) the reimbursement of costs incurred by the 
                Department of the Interior for preparing and carrying 
                out the transfers of land to be held in trust by the 
                United States under section 601;
                    (D) processing public land use authorizations and 
                rights-of-way relating to the development of land 
                conveyed under section 101(a);
                    (E) conducting a study of routes for the Silver 
                State Off-Highway Vehicle Trail as required by section 
                501(a);
                    (F) developing and implementing the Silver State 
                Off-Highway Vehicle Trail management plan described in 
                section 501(c);
                    (G) processing wilderness designations, including 
                the costs of appropriate fencing, signage, public 
                education, and enforcement for the wilderness areas 
                designated;
                    (H) if the Secretary determines necessary, 
                developing and implementing conservation plans for 
                endangered or at risk species in the County; and
                    (I) carrying out a study to assess non-motorized 
                recreation opportunities on Federal land in the County.
    (b) 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 in accordance with this 
section.

                       TITLE II--WILDERNESS AREAS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Pam White Wilderness Act of 
2006''.

SEC. 202. 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. 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) Mt. moriah wilderness addition.--Certain Federal land 
        managed by the Forest Service and the Bureau of Land 
        Management, comprising approximately 11,193 acres, as generally 
        depicted on the map entitled ``Eastern White Pine County'' and 
        dated August 1, 2006, is incorporated in, and shall be managed 
        as part of, the Mt. Moriah Wilderness, as designated by section 
        2(13) of the Nevada Wilderness Protection Act of 1989 (16 
        U.S.C. 1132 note; Public Law 101-195).
            (2) Mount grafton wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        66,918 acres, as generally depicted on the map entitled 
        ``Southern White Pine County'' and dated August 1, 2006, which 
        shall be known as the ``Mount Grafton Wilderness''.
            (3) South egan range wilderness.--Certain Federal land 
        managed by the Bureau of Land Management, comprising 
        approximately 42,967 acres, as generally depicted on the map 
        entitled ``Southern White Pine County'' and dated August 1, 
        2006, which shall be known as the ``South Egan Range 
        Wilderness''.
            (4) Egan ridgeline wilderness.--Certain Federal land 
        managed by the Bureau of Land Management, comprising 
        approximately 18,669 acres, as generally depicted on the map 
        entitled ``Southern White Pine County'' and dated August 1, 
        2006, which shall be known as the ``Egan Ridgeline 
        Wilderness''.
            (5) Highland ridge wilderness.--Certain Federal land 
        managed by the Bureau of Land Management and the Forest 
        Service, comprising approximately 70,098 acres, as generally 
        depicted on the map entitled ``Southern White Pine County'' and 
        dated August 1, 2006, which shall be known as the ``Highland 
        Ridge Wilderness''.
            (6) Government peak wilderness.--Certain Federal land 
        managed by the Bureau of Land Management, comprising 
        approximately 6,313 acres, as generally depicted on the map 
        entitled ``Eastern White Pine County'' and dated August 1, 
        2006, which shall be known as the ``Government Peak 
        Wilderness''.
            (7) Currant mountain wilderness addition.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        10,631 acres, as generally depicted on the map entitled 
        ``Western White Pine County'' and dated August 1, 2006, is 
        incorporated in, and shall be managed as part of, the ``Currant 
        Mountain Wilderness'', as designated by section 2(4) of the 
        Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; 
        Public Law 101-195).
            (8) Red mountain wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 20,490 acres, 
        as generally depicted on the map entitled ``Western White Pine 
        County'' and dated August 1, 2006, which shall be known as the 
        ``Red Mountain Wilderness''.
            (9) Bald mountain wilderness.--Certain Federal land managed 
        by the Bureau of Land Management and the Forest Service, 
        comprising approximately 22,352 acres, as generally depicted on 
        the map entitled ``Western White Pine County'' and dated August 
        1, 2006, which shall be known as the ``Bald Mountain 
        Wilderness''.
            (10) White pine range wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 42,562 
        acres, as generally depicted on the map entitled ``Western 
        White Pine County'' and dated August 1, 2006, which shall be 
        known as the ``White Pine Range Wilderness''.
            (11) Shellback wilderness.--Certain Federal land managed by 
        the Forest Service, comprising approximately 36,133 acres, as 
        generally depicted on the map entitled ``Western White Pine 
        County'' and dated August 1, 2006, which shall be known as the 
        ``Shellback Wilderness''.
            (12) Schell creek range wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 122,123 
        acres, as generally depicted on the map entitled ``Eastern 
        White Pine County'' and dated August 1, 2006, which shall be 
        known as the ``Schell Creek Wilderness''.
            (13) Becky peak wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        18,119 acres, as generally depicted on the map entitled 
        ``Northern White Pine County'' and dated August 1, 2006, which 
        shall be known as the ``Becky Peak Wilderness''.
            (14) Goshute canyon wilderness.--Certain Federal land 
        managed by the Bureau of Land Management, comprising 
        approximately 42,657 acres, as generally depicted on the map 
        entitled ``Northern White Pine County'' and dated August 1, 
        2006, which shall be known as the ``Goshute Canyon 
        Wilderness''.
            (15) Bristlecone wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        14,095 acres, as generally depicted on the map entitled 
        ``Eastern White Pine County'' and dated August 1, 2006, which 
        shall be known as the ``Bristlecone Wilderness''.
    (b) Boundary.--The boundary of any portion of a wilderness area 
designated by subsection (a) that is bordered by a road shall be at 
least 100 feet from the edge of the road to allow public access.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of each wilderness area designated by subsection 
        (a) with the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Resources of the House of 
        Representatives.
            (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--
                    (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;
                    (D) the Office of the Chief of the Forest Service;
                    (E) the Office of the Regional Forester, Region 4; 
                and
                    (F) the Office of the Forest Supervisor of the 
                Humbold-Toiyabe National Forest; and
                    (G) the Ely Ranger District Office of the Forest 
                Service.
    (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.
    (e) Mt. Moriah Wilderness Boundary Adjustment.--The boundary of the 
Mt. Moriah Wilderness established under section 2(13) of the Nevada 
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include only the land identified as the ``Mount 
Moriah Wilderness'' on the map entitled ``Eastern White Pine County'' 
and dated August 1, 2006.

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 enactment of 
        this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of Agriculture or the Secretary of the Interior, as 
        appropriate.
    (b) Livestock.--Within the wilderness areas designated under this 
title that are administered by the Bureau of Land Management and the 
Forest Service, the grazing of livestock in areas in which grazing is 
established as of the date of enactment of this Act shall be allowed to 
continue--
            (1) subject to such reasonable regulations, policies, and 
        practices that the Secretary considers necessary; and
            (2) 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 enactment of this Act shall be added to and administered as 
part of the wilderness area within which the acquired land or interest 
is located.
    (d) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the land designated as wilderness by this title 
                is located--
                            (i) in the semiarid region of the Great 
                        Basin; and
                            (ii) at the headwaters of the streams and 
                        rivers on land with respect to which there are 
                        few if any--
                                    (I) actual or proposed water 
                                resource facilities located upstream; 
                                and
                                    (II) opportunities for diversion, 
                                storage, or other uses of water 
                                occurring outside the land that would 
                                adversely affect the wilderness values 
                                of the land;
                    (B) the land designated as wilderness by this title 
                is generally not suitable for use or development of new 
                water resource facilities; and
                    (C) because of the unique nature of the land 
                designated as wilderness by this title, it is possible 
                to provide for proper management and protection of the 
                wilderness and other values of land in ways different 
                from those used in other laws.
            (2) Purpose.--The purpose of this section is to protect the 
        wilderness values of the land designated as wilderness by this 
        title by means other than a federally reserved water right.
            (3) 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 a 
                wilderness designated by this title;
                    (B) shall affect any water rights in the State 
                (including any water rights held by the United States) 
                in existence on the date of enactment of this Act;
                    (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 interstate compact or 
                equitable apportionment decree that apportions water 
                among and between the State and other States.
            (4) Nevada water law.--The Secretary shall follow the 
        procedural and substantive requirements of State law in order 
        to obtain and hold any water rights not in existence on the 
        date of enactment of this Act with respect to the wilderness 
        areas designated by this title.
            (5) New projects.--
                    (A) Definition of water resource facility.--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, 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 or after 
                the date of 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 a wilderness area 
                that is wholly or partially within the County.

SEC. 205. ADJACENT MANAGEMENT.

    (a) In General.--Congress does not intend for the designation of 
wilderness in the State by 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--
            (1) the rights of any Indian tribe; or
            (2) 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 Bureau of Land Management land has been adequately studied for 
wilderness designation in any portion of the wilderness study areas or 
instant study areas--
            (1) not designated as wilderness by section 203(a), 
        excluding the portion of the Goshute Canyon Wilderness Study 
        Area located outside of the County; and
            (2) depicted as released on the maps entitled--
                    (A) ``Eastern White Pine County'' and dated August 
                1, 2006;
                    (B) ``Northern White Pine County'' and dated August 
                1, 2006;
                    (C) ``Southern White Pine County'' and dated August 
                1, 2006; and
                    (D) ``Western White Pine County'' and dated August 
                1, 2006.
    (b) Release.--
            (1) In general.--Any public land described in subsection 
        (a) that is not designated as wilderness by this title--
                    (A) is no longer subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c));
                    (B) shall be managed in accordance with--
                            (i) land management plans adopted under 
                        section 202 of that Act (43 U.S.C. 1712); and
                            (ii) cooperative conservation agreements in 
                        existence on the date of enactment of this Act; 
                        and
                    (C) shall be subject to the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.).
            (2) Exception.--The requirements described in paragraph (1) 
        shall not apply to the portion of the Goshute Canyon Wilderness 
        Study Area located outside of the County.

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 
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 (16 U.S.C. 1131 et seq.), the 
Secretary may conduct such management activities as are necessary to 
maintain or restore fish and wildlife populations and habitats in the 
wilderness areas designated by this title if those activities are 
conducted--
            (1) consistent with relevant wilderness management plans; 
        and
            (2) in accordance with appropriate policies such as those 
        set forth in Appendix B of House Report 101-405.
    (c) Existing Activities.--Consistent with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)) 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, 
feral horses, and feral 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.--
            (1) In general.--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.
            (2) Consultation.--Except in emergencies, the Secretary 
        shall consult with the appropriate State agency before 
        promulgating regulations under paragraph (1).
    (f) Cooperative Agreement.--
            (1) In general.--The State (including a designee of the 
        State) may conduct wildlife management activities in the 
        wilderness areas designated by this title--
                    (A) in accordance with the terms and conditions 
                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 the cooperative agreement agreed to by 
                the Secretary and the State; and
                    (B) subject to all applicable laws and regulations.
            (2) References.--
                    (A) Clark county.--For purposes of this subsection, 
                any references to Clark County in the cooperative 
                agreement described in paragraph (1)(A) shall be 
                considered to be references to White Pine County, 
                Nevada.
                    (B) Bureau of land management.--For purposes of 
                this subsection, any references to the Bureau of Land 
                Management in the cooperative agreement described in 
                paragraph (1)(A) shall also be considered to be 
                references to the Forest Service.

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 any 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--TRANSFERS OF ADMINISTRATIVE JURISDICTION

SEC. 301. TRANSFER TO THE UNITED STATES FISH AND WILDLIFE SERVICE.

    (a) In General.--Administrative jurisdiction over the land 
described in subsection (b) is transferred from the Bureau of Land 
Management to the United States Fish and Wildlife Service for inclusion 
in the Ruby Lake National Wildlife Refuge.
    (b) Description of Land.--The parcel of land referred to in 
subsection (a) is approximately 645 acres of land administered by the 
Bureau of Land Management and identified on the map entitled ``Ruby 
Lake Land Transfer'' and dated July 10, 2006, as ``Lands to be 
transferred to the Fish and Wildlife Service''.

SEC. 302. TRANSFER TO THE BUREAU OF LAND MANAGEMENT.

    (a) In General.--Subject to subsection (c), administrative 
jurisdiction over the parcels of land described in subsection (b) is 
transferred from the Forest Service to the Bureau of Land Management.
    (b) Description of Land.--The parcels of land referred to in 
subsection (a) are--
            (1) the land administered by the Forest Service and 
        identified on the map entitled ``Southern White Pine County'' 
        and dated August 1, 2006, as ``Withdrawal Area'';
            (2) the land administered by the Forest Service and 
        identified on the map entitled ``Southern White Pine County'' 
        and dated August 1, 2006, as ``Highland Ridge Wilderness 
        Area''; and
            (3) all other Federal land administered by the Forest 
        Service that is located adjacent to the Highland Ridge 
        Wilderness Area.
    (c) Continuation of Cooperative Agreements.--Any existing Forest 
Service cooperative agreement or permit in effect on the date of 
enactment of this Act relating to a parcel of land to which 
administrative jurisdiction is transferred by subsection (a) shall be 
continued by the Bureau of Land Management unless there is reasonable 
cause to terminate the agreement or permit, as determined by the 
Secretary.
    (d) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Withdrawal Area is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral laws, geothermal leasing laws, 
        and mineral materials laws.
    (e) Motorized and Mechanical Vehicles.--Use of motorized and 
mechanical vehicles in the withdrawal area designated by this title 
shall be permitted only on roads and trails designated for their use, 
unless the use of those vehicles is needed--
            (1) for administrative purposes; or
            (2) to respond to an emergency.

SEC. 303. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS.

    The maps of the land transferred by this title shall be on file and 
available for public inspection in--
            (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 Office of the Director of the United States Fish 
        and Wildlife Service;
            (5) the Office of the Ruby Lake National Wildlife Refuge;
            (6) the Office of the Director of the National Park 
        Service;
            (7) the Great Basin National Park Office;
            (8) the Office of the Chief of the Forest Service;
            (9) the Office of the Regional Forester, Region 4;
            (10) the Office of the Forest Supervisor of the Humboldt-
        Toiyabe National Forest; and
            (11) the Ely Ranger District Office of the Forest Service.

                      TITLE IV--PUBLIC CONVEYANCES

SEC. 401. 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, 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 the State and 
the County enter into a written agreement supporting the conveyance.
    (b) Description of Land.--The parcels of land referred to in 
subsection (a) are--
            (1) the approximately 6,281 acres of Bureau of Land 
        Management land identified as ``Steptoe Valley Wildlife 
        Management Area Expansion Proposal'' on the map entitled ``Ely, 
        Nevada Area'' and dated August 1, 2006;
            (2) the approximately 658 acres of Bureau of Land 
        Management land identified as ``Ward Charcoal Ovens Expansion'' 
        on the map entitled ``Ely, Nevada Area'' and dated August 1, 
        2006; and
            (3) the approximately [____] acres of Forest Service and 
        approximately [____] acres of Bureau of Land Management land 
        for expansion of Cave Lake State Park.
    (c) Costs.--Any costs relating to a 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 wildlife or natural 
                resources; or
                    (B) a public park.
            (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 described in 
subsection (d), the parcel of land shall, at the discretion of the 
Secretary, revert to the United States.

SEC. 402. CONVEYANCE TO WHITE PINE COUNTY, NEVADA.

    (a) In General.--Notwithstanding section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall 
convey to the County, without 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--
            (1) not more than 1,500 acres of land to be used for the 
        expansion of the White Pine County Airport; and
            (2) not more than 200 acres of land to be used for the 
        expansion of the White Pine County Industrial Park.
    (c) Use of Certain Land for Nonresidential Development.--
            (1) In general.--After conveyance to the County of the land 
        described in subsection (b), the County may sell, lease, or 
        otherwise convey any portion of the land conveyed for purposes 
        of nonresidential development.
            (2) Method of sale.--The sale, lease, or conveyance of land 
        under paragraph (1) shall be--
                    (A) through a competitive bidding process; and
                    (B) for not less than fair market value.
            (3) Disposition of proceeds.--The gross proceeds from the 
        sale, lease, or conveyance of land under paragraph (1) shall be 
        distributed in accordance with section 102.
    (d) Reversion.--If a parcel of land conveyed under subsection (a) 
is used in a manner that is inconsistent with the use described for the 
parcel in paragraph (1) or (2) of subsection (b), the parcel of land 
shall, at the discretion of the Secretary, revert to the United States.

            TITLE V--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

SEC. 501. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

    (a) Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall complete a study of 
        routes for the Silver State Off-Highway Vehicle Trail (referred 
        to in this section as the ``Trail'').
            (2) Preferred route.--Based on the study conducted under 
        paragraph (1), the Secretary, in consultation with the State, 
        the County, and any interested persons, shall identify the 
        preferred route for the Trail.
    (b) Designation of Trail.--
            (1) In general.--Subject to paragraph (2), not later than 
        90 days after the date on which the study is completed under 
        subsection (a), the Secretary shall designate the Trail.
            (2) Limitations.--The Secretary shall designate the Trail 
        only if the Secretary--
                    (A) determines that the route of the Trail would 
                not have significant negative impacts on wildlife, 
                natural, or cultural resources; and
                    (B) ensures that the Trail designation--
                            (i) is an effort to extend the Silver State 
                        Off-Highway Vehicle Trail designated under 
                        section 401(b) of the Lincoln County 
                        Conservation, Recreation, and Development Act 
                        of 2004 (16 U.S.C. 1244 note; Public Law 108-
                        424); and
                            (ii) is limited to--
                                    (I) 1 route that generally runs in 
                                a north-south direction; and
                                    (II) 1 potential spur running west.
    (c) Management.--
            (1) In general.--The Secretary shall manage the Trail in a 
        manner that--
                    (A) is consistent with any motorized and mechanized 
                uses of the Trail that are authorized on the date of 
                enactment of this Act under applicable Federal and 
                State laws (including regulations);
                    (B) ensures the safety of the individuals who use 
                the Trail; and
                    (C) does not damage sensitive wildlife habitat, 
                natural, or cultural resources.
            (2) Management plan.--
                    (A) In general.--Not later than 2 years after the 
                date of designation of the Trail, 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--
                            (i) the effects of the use of off-highway 
                        vehicles on the Trail to minimize environmental 
                        impacts and prevent damage to cultural 
                        resources from the use of the Trail; and
                            (ii) in consultation with the Nevada 
                        Department of Wildlife, the effects of the 
                        Trail on wildlife and wildlife habitat to 
                        minimize environmental impacts from the use of 
                        the Trail.
                    (B) Closure.--The Secretary, in consultation with 
                the State and the County and subject to subparagraph 
                (C), may temporarily close or permanently reroute a 
                portion of the Trail if the Secretary determines that--
                            (i) the Trail is having an adverse impact 
                        on--
                                    (I) wildlife habitats;
                                    (II) natural resources; or
                                    (III) 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.--Any portion of the Trail that is 
                temporarily closed may be permanently rerouted along 
                existing roads and trails on public land open to 
                motorized use if the Secretary determines that 
                rerouting the portion of the Trail would not 
                significantly increase or decrease the length of the 
                Trail.
                    (D) Notice.--The Secretary shall provide 
                information to the public with respect to any routes on 
                the Trail that are closed under subparagraph (B), 
                including through the provision of appropriate signage 
                along the Trail.
            (4) Notice of open routes.--The Secretary shall ensure that 
        visitors to the Trail have access to adequate notice relating 
        to the routes on the Trail that are open through--
                    (A) the provision of appropriate signage along the 
                Trail; and
                    (B) the distribution of maps, safety education 
                materials, and any other information that the Secretary 
                determines to be appropriate.
    (d) No Effect on Non-Federal Land and Interests in Land.--Nothing 
in this section affects the ownership or management of, or other rights 
relating to, non-Federal land or interests in non-Federal land.

  TITLE VI--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE 
                                 TRIBE.

SEC. 601. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE 
              TRIBE.

    (a) In General.--Subject to valid existing rights, all right, 
title, and interest of the United States in and to the land described 
in subsection (b), including any improvements on, and appurtenances to, 
the land--
            (1) shall be held in trust by the United States for the 
        benefit of the Ely Shoshone Tribe (referred to in this section 
        as the ``Tribe''); and
            (2) shall be part of the reservation of the Tribe.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the 4 parcels of a total of approximately 3,536 acres of 
land that are identified on the Ely, Nevada Area map dated August 1, 
2006, and the Northern White Pine County map dated August 1, 2006, as 
the ``Ely Shoshone Tribe Reservation''.
    (c) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Bureau of Land Management shall complete a survey of the 
boundary lines to establish the boundaries of the trust land.
    (d) Conditions.--
            (1) Gaming.--Land taken into trust under subsection (a) 
        shall not be--
                    (A) considered to have been taken into trust for 
                gaming (as that term is used in the Indian Gaming 
                Regulatory Act (25 U.S.C. 2701 et seq.)); and
                    (B) used for gaming.
            (2) Trust land for ceremonial use.--With respect to the use 
        of the land identified on the map as ``Ely Shoshone Tribe 
        Reservation Parcel #3'', the Tribe--
                    (A) shall limit the use of the surface of the land 
                to traditional and customary uses and stewardship 
                conservation for the benefit of the Tribe; and
                    (B) shall not permit any permanent residential or 
                recreational development on, or commercial use of, the 
                surface of the land, including commercial development 
                or gaming.
            (3) Thinning; landscape restoration.--With respect to land 
        taken into trust under subsection (a), the Forest Service and 
        the Bureau of Land Management may, in consultation and 
        coordination with the Tribe, carry out any thinning and other 
        landscape restoration work on the trust land that is beneficial 
        to the Tribe and the Forest Service or the Bureau of Land 
        Management.

        TITLE VII--EASTERN NEVADA LANDSCAPE RESTORATION PROJECT.

SEC. 701. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) there is an increasing threat of wildfire in the Great 
        Basin;
            (2) those wildfires--
                    (A) endanger homes and communities;
                    (B) damage or destroy watersheds and soils; and
                    (C) pose a serious threat to the habitat of 
                threatened and endangered species;
            (3) forest land and rangeland in the Great Basin are 
        degraded as a direct consequence of land management practices 
        (including practices to control and prevent wildfires) that 
        disrupt the occurrence of frequent low-intensity fires that 
        have periodically removed flammable undergrowth; and
            (4) rigorous, understandable, and applied scientific 
        information is needed in the Great Basin for--
                    (A) the design, implementation, and adaptation of 
                landscape-scale restoration treatments; and
                    (B) the improvement of wildfire management 
                technology and practices.
    (b) Purposes.--The purposes of this title are to--
            (1) support the Great Basin Restoration Initiative through 
        the implementation of the Eastern Nevada Landscape Restoration 
        Project; and
            (2) ensure resilient and healthy ecosystems in the Great 
        Basin by restoring native plant communities and natural mosaics 
        on the landscape that function within the parameters of natural 
        fire regimes.

SEC. 702. DEFINITIONS.

    In this title:
            (1) Initiative.--The term ``Initiative'' means the Great 
        Basin Restoration Initiative.
            (2) Project.--The term ``Project'' means the Eastern Nevada 
        Landscape Restoration Project authorized under section 703(a).
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.

SEC. 703. RESTORATION PROJECT.

    (a) In General.--In accordance with all applicable Federal laws, 
the Secretaries shall carry out the Eastern Nevada Landscape 
Restoration Project to--
            (1) implement the Initiative; and
            (2) restore native rangelands and native woodland 
        (including riparian and aspen communities) in White Pine and 
        Lincoln Counties in the State.
    (b) Grants; Cooperative Agreement.--In carrying out the Project--
            (1) the Secretaries may make grants to the Eastern Nevada 
        Landscape Coalition and the Great Basin Institute for the study 
        and restoration of rangeland and other land in the Great 
        Basin--
                    (A) to assist in--
                            (i) reducing hazardous fuels; and
                            (ii) restoring native rangeland and 
                        woodland; and
                    (B) for other related purposes; and
            (2) notwithstanding sections 6301 through 6308, of title 
        31, United States Code, the Director of the Bureau of Land 
        Management may enter into a cooperative agreement with the 
        Eastern Nevada Landscape Coalition and the Great Basin 
        Institute to provide for the conduct of scientific analyses, 
        hazardous fuels and mechanical treatments, and related work.
    (c) Research Facility.--The Secretaries may conduct a feasibility 
study on the potential establishment of an interagency science center, 
including a research facility and experimental rangeland in the eastern 
portion of the State.
    (d) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 
2007; 118 Stat. 2414) is amended--
            (1) by redesignating clause (viii) as clause (ix); and
            (2) by inserting after clause (vii) the following:
                            ``(viii) to carry out the Eastern Nevada 
                        Landscape Restoration Project in White Pine 
                        County, Nevada and Lincoln County, Nevada; 
                        and''.

 TITLE VIII--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT 
                              ACT OF 1998

SEC. 801. FINDINGS.

    Section 2(a)(3) of the Southern Nevada Public Land Management Act 
of 1998 (Public Law 105-263; 112 Stat. 2343) is amended by inserting 
``the Sloan Canyon National Conservation Area,'' before ``and the 
Spring Mountains''.

SEC. 802. DEFINITIONS.

    Section 3(6) of the Southern Nevada Public Land Management Act of 
1998 (Public Law 105-263; 112 Stat. 2344) is amended by inserting ``the 
Clean Water Coalition,'' before ``and the Clark County Sanitation 
District''.

SEC. 803. AVAILABILITY OF SPECIAL ACCOUNT.

    Section 4(e) of the Southern Nevada Public Land Management Act of 
1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 
1317; 118 Stat. 2414) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``may be expended'' and 
                        inserting ``shall be expended'';
                            (ii) in clause (iii), by inserting ``and 
                        implementation'' before ``of a multispecies 
                        habitat'';
                            (iii) in clause (iv), by inserting ``Washoe 
                        County (subject to paragraph (4)) and'' before 
                        ``Lincoln County'';
                            (iv) in clause (vii)--
                                    (I) by striking ``for development'' 
                                and inserting ``development''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (v) by redesignating clauses (viii) and 
                        (ix) (as amended by section 703(d)) as clauses 
                        (xii) and (xiii);
                            (vi) by inserting after clause (vii) the 
                        following:
                            ``(viii) reimbursement of any costs 
                        incurred by the Bureau of Land Management or 
                        any other Federal agency to clear and protect 
                        land that is--
                                    ``(I) located in the disposal 
                                boundary described in subsection (a); 
                                and
                                    ``(II) designated for sale, lease, 
                                conveyance, or disposal;
                            ``(ix) development and implementation of a 
                        comprehensive, cost-effective, 
                        multijurisdictional hazardous fuels reduction 
                        and wildfire prevention plan (including 
                        sustainable biomass and biofuels energy 
                        development and production activities) for the 
                        Lake Tahoe Basin (including the Carson Range in 
                        Douglas and Washoe Counties and Carson City in 
                        the State of Nevada), and the Spring Mountains, 
                        in the State of Nevada, that are--
                                    ``(I) subject to approval by the 
                                Secretary of Agriculture or Secretary 
                                of Interior, as appropriate; and
                                    ``(II) not more than 10 years in 
                                duration;
                            ``(x) payments to a regional governmental 
                        entity in Clark County, Nevada, for an 
                        established program to compensate public 
                        institutions for the permanent removal of turf 
                        and other vegetation to expand water 
                        conservation;
                            ``(xi) payments to a regional governmental 
                        entity in Clark County, Nevada, for water 
                        quality improvements relating to the Las Vegas 
                        Wash, Las Vegas Bay, and Lake Mead through 
                        management of wastewater effluent in the Las 
                        Vegas Valley known as the `Systems Conveyance 
                        and Operations Program'; and'';
                            (vii) in clause (xii) (as redesignated by 
                        clause (v)), striking ``and'' at the end;
                            (viii) in clause (xiii) (as redesignated by 
                        clause (v))--
                                    (I) by inserting ``or other Federal 
                                agencies'' before ``in arranging''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (ix) by adding at the end the following:
                            ``(xiv) development of any park 
                        administered by the State of Nevada in Clark 
                        County.''; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) Transfer requirement.--Notwithstanding any 
                other provision of law--
                            ``(i) for amounts that have been authorized 
                        for expenditure under subparagraph (A)(iv) but 
                        not transferred as of the date of enactment of 
                        this subparagraph, the Secretary shall, not 
                        later than 60 days after a request for funds 
                        from the applicable unit of local government or 
                        regional governmental entity, transfer to the 
                        applicable unit of local government or regional 
                        governmental entity the amount authorized for 
                        the expenditure; and
                            ``(ii) for expenditures authorized under 
                        subparagraph (A)(iv) that are approved by the 
                        Secretary, the Secretary shall, not later than 
                        60 days after a request for funds from the 
                        applicable unit of local government or regional 
                        governmental entity, transfer to the applicable 
                        unit of local government or regional 
                        governmental entity the amount approved for 
                        expenditure.''; and
            (2) by adding at the end the following:
            ``(4) Limitation for washoe county.--Until December 31, 
        2011, Washoe County shall be eligible to nominate for 
        expenditure amounts to acquire land (not to exceed 250 acres) 
        and develop 1 regional park and natural area.''.

SEC. 804. AFFORDABLE HOUSING.

    Section 7 of the Southern Nevada Public Land Management Act of 1998 
(Public Law 105-263; 112 Stat. 2349) is amended by striking subsection 
(b) and inserting the following:
    ``(b) Affordable Housing.--
            ``(1) Definition of affordable housing.--In this 
        subsection, the term `affordable housing' means housing that 
        serves individuals or families with an income of not more than 
        120 percent of the median income, as determined by the 
        Secretary of Housing and Urban Development.
            ``(2) Housing.--
                    ``(A) In general.--In accordance with section 203 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1713), the Secretary shall make available 
                for affordable housing purposes land in the State of 
                Nevada--
                            ``(i) for less than fair market value; and
                            ``(ii) under any terms and conditions that 
                        the Secretary determines to be appropriate.
                    ``(B) Guidelines.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall publish or issue guidelines to carry out this 
                paragraph.
            ``(3) Reservation for affordable housing.--
                    ``(A) In general.--If any sale of land under 
                section 4(a) involves more than 200 acres, at least 5 
                percent of the total housing units on the land conveyed 
                shall be developed for affordable housing.
                    ``(B) City and county requirements.--
                            ``(i) In general.--Not later than 120 days 
                        before the date of a sale of land described in 
                        subparagraph (A), the applicable unit of local 
                        government shall publish rules for the 
                        implementation of the affordable housing to be 
                        developed on the land.
                            ``(ii) Dispersal of housing.--The 
                        applicable unit of local government shall, to 
                        the maximum extent practicable, encourage mixed 
                        income development when publishing rules under 
                        clause (i) throughout each housing project.
            ``(4) Enforcement.--
                    ``(A) In general.--Subject to subparagraph (B), 
                from the date on which a transfer of land is complete 
                under section 4(a), the Secretary of Housing and Urban 
                Development shall enforce each requirement of this 
                section.
                    ``(B) Alternative enforcement arrangement.--The 
                Secretary of Housing and Urban Development and the 
                applicable unit of local government may agree to an 
                alternative enforcement arrangement.''.

                  TITLE IX--GREAT BASIN HERITAGE ROUTE

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Great Basin National Heritage 
Route Act''.

SEC. 902. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the natural, cultural, and historic heritage of the 
        North American Great Basin is nationally significant;
            (2) communities along the Great Basin Heritage Route 
        (including the towns of Delta, Utah, Ely, Nevada, and the 
        surrounding communities) are located in a classic western 
        landscape that contains long natural vistas, isolated high 
        desert valleys, mountain ranges, ranches, mines, historic 
        railroads, archaeological sites, and tribal communities;
            (3) the Native American, pioneer, ranching, mining, timber, 
        and railroad heritages associated with the Great Basin Heritage 
        Route include the social history and living cultural traditions 
        of a rich diversity of nationalities;
            (4) the pioneer, Mormon, and other religious settlements, 
        and ranching, timber, and mining activities of the region 
        played and continue to play a significant role in the 
        development of the United States, shaped by--
                    (A) the unique geography of the Great Basin;
                    (B) an influx of people of Greek, Chinese, Basque, 
                Serb, Croat, Italian, and Hispanic descent; and
                    (C) a Native American presence (Western Shoshone, 
                Northern and Southern Paiute, and Goshute) that 
                continues in the Great Basin today;
            (5) the Great Basin housed internment camps for Japanese-
        American citizens during World War II, 1 of which, Topaz, was 
        located along the Heritage Route;
            (6) the pioneer heritage of the Heritage Route includes the 
        Pony Express route and stations, the Overland Stage, and many 
        examples of 19th century exploration of the western United 
        States;
            (7) the Native American heritage of the Heritage Route 
        dates back thousands of years and includes--
                    (A) archaeological sites;
                    (B) petroglyphs and pictographs;
                    (C) the westernmost village of the Fremont culture; 
                and
                    (D) communities of Western Shoshone, Paiute, and 
                Goshute tribes;
            (8) the Heritage Route contains multiple biologically 
        diverse ecological communities that are home to exceptional 
        species such as--
                    (A) bristlecone pines, the oldest living trees in 
                the world;
                    (B) wildlife adapted to harsh desert conditions;
                    (C) unique plant communities, lakes, and streams; 
                and
                    (D) native Bonneville cutthroat trout;
            (9) the air and water quality of the Heritage Route is 
        among the best in the United States, and the clear air permits 
        outstanding viewing of the night skies;
            (10) the Heritage Route includes unique and outstanding 
        geologic features such as numerous limestone caves, classic 
        basin and range topography with playa lakes, alluvial fans, 
        volcanics, cold and hot springs, and recognizable features of 
        ancient Lake Bonneville;
            (11) the Heritage Route includes an unusual variety of open 
        space and recreational and educational opportunities because of 
        the great quantity of ranching activity and public land 
        (including city, county, and State parks, national forests, 
        Bureau of Land Management land, and a national park);
            (12) there are significant archaeological, historical, 
        cultural, natural, scenic, and recreational resources in the 
        Great Basin to merit the involvement of the Federal Government 
        in the development, in cooperation with the Great Basin 
        Heritage Route Partnership and other local and governmental 
        entities, of programs and projects to--
                    (A) adequately conserve, protect, and interpret the 
                heritage of the Great Basin for present and future 
                generations; and
                    (B) provide opportunities in the Great Basin for 
                education; and
            (13) the Great Basin Heritage Route Partnership shall serve 
        as the local coordinating entity for a Heritage Route 
        established in the Great Basin.
    (b) Purposes.--The purposes of this title are--
            (1) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities 
        within White Pine County, Nevada, Millard County, Utah, and the 
        Duckwater Shoshone Reservation;
            (2) to enable communities referred to in paragraph (1) to 
        conserve their heritage while continuing to develop economic 
        opportunities; and
            (3) to conserve, interpret, and develop the archaeological, 
        historical, cultural, natural, scenic, and recreational 
        resources related to the unique ranching, industrial, and 
        cultural heritage of the Great Basin, in a manner that promotes 
        multiple uses permitted as of the date of enactment of this 
        Act, without managing or regulating land use.

SEC. 903. DEFINITIONS.

    In this title:
            (1) Great basin.--The term ``Great Basin'' means the North 
        American Great Basin.
            (2) Heritage route.--The term ``Heritage Route'' means the 
        Great Basin National Heritage Route established by section 
        904(a).
            (3) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Great Basin Heritage Route 
        Partnership established by section 904(c).
            (4) Management plan.--The term ``management plan'' means 
        the plan developed by the local coordinating entity under 
        section 906(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.

SEC. 904. GREAT BASIN NATIONAL HERITAGE ROUTE.

    (a) Establishment.--There is established the Great Basin National 
Heritage Route to provide the public with access to certain historical, 
cultural, natural, scenic, and recreational resources in White Pine 
County, Nevada, Millard County, Utah, and the Duckwater Shoshone 
Reservation in the State of Nevada, as designated by the local 
coordinating entity.
    (b) Boundaries.--The local coordinating entity shall determine the 
specific boundaries of the Heritage Route.
    (c) Local Coordinating Entity.--
            (1) In general.--The Great Basin Heritage Route Partnership 
        shall serve as the local coordinating entity for the Heritage 
        Route.
            (2) Board of directors.--The Great Basin Heritage Route 
        Partnership shall be governed by a board of directors that 
        consists of--
                    (A) 4 members who are appointed by the Board of 
                County Commissioners for Millard County, Utah;
                    (B) 4 members who are appointed by the Board of 
                County Commissioners for White Pine County, Nevada; and
                    (C) a representative appointed by each Native 
                American Tribe participating in the Heritage Route.

SEC. 905. MEMORANDUM OF UNDERSTANDING.

    (a) In General.--In carrying out this title, the Secretary, in 
consultation with the Governors of the States of Nevada and Utah and 
the tribal government of each Indian tribe participating in the 
Heritage Route, shall enter into a memorandum of understanding with the 
local coordinating entity.
    (b) Inclusions.--The memorandum of understanding shall include 
information relating to the objectives and management of the Heritage 
Route, including--
            (1) a description of the resources of the Heritage Route;
            (2) a discussion of the goals and objectives of the 
        Heritage Route, including--
                    (A) an explanation of the proposed approach to 
                conservation, development, and interpretation; and
                    (B) a general outline of the anticipated protection 
                and development measures;
            (3) a description of the local coordinating entity;
            (4) a list and statement of the financial commitment of the 
        initial partners to be involved in developing and implementing 
        the management plan; and
            (5) a description of the role of the States of Nevada and 
        Utah in the management of the Heritage Route.
    (c) Additional Requirements.--In developing the terms of the 
memorandum of understanding, the Secretary and the local coordinating 
entity shall--
            (1) provide opportunities for local participation; and
            (2) include terms that ensure, to the maximum extent 
        practicable, timely implementation of all aspects of the 
        memorandum of understanding.
    (d) Amendments.--
            (1) In general.--The Secretary shall review any amendments 
        of the memorandum of understanding proposed by the local 
        coordinating entity or the Governor of the State of Nevada or 
        Utah.
            (2) Use of funds.--Funds made available under this title 
        shall not be expended to implement a change made by a proposed 
        amendment described in paragraph (1) until the Secretary 
        approves the amendment.

SEC. 906. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are made available to carry out this title, the local 
coordinating entity shall develop and submit to the Secretary for 
approval a management plan for the Heritage Route that--
            (1) specifies--
                    (A) any resources designated by the local 
                coordinating entity under section 904(a); and
                    (B) the specific boundaries of the Heritage Route, 
                as determined under section 904(b); and
            (2) presents clear and comprehensive recommendations for 
        the conservation, funding, management, and development of the 
        Heritage Route.
    (b) Considerations.--In developing the management plan, the local 
coordinating entity shall--
            (1) provide for the participation of local residents, 
        public agencies, and private organizations located within the 
        counties of Millard County, Utah, White Pine County, Nevada, 
        and the Duckwater Shoshone Reservation in the protection and 
        development of resources of the Heritage Route, taking into 
        consideration State, tribal, county, and local land use plans 
        in existence on the date of enactment of this Act;
            (2) identify sources of funding;
            (3) include--
                    (A) a program for implementation of the management 
                plan by the local coordinating entity, including--
                            (i) plans for restoration, stabilization, 
                        rehabilitation, and construction of public or 
                        tribal property; and
                            (ii) specific commitments by the identified 
                        partners referred to in section 905(b)(4) for 
                        the first 5 years of operation; and
                    (B) an interpretation plan for the Heritage Route; 
                and
            (4) develop a management plan that will not infringe on 
        private property rights without the consent of the owner of the 
        private property.
    (c) Failure to Submit.--If the local coordinating entity fails to 
submit a management plan to the Secretary in accordance with subsection 
(a), the Heritage Route shall no longer qualify for Federal funding.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receipt of a 
        management plan under subsection (a), the Secretary, in 
        consultation with the Governors of the States of Nevada and 
        Utah, shall approve or disapprove the management plan.
            (2) Criteria.--In determining whether to approve a 
        management plan, the Secretary shall consider whether the 
        management plan--
                    (A) has strong local support from a diversity of 
                landowners, business interests, nonprofit 
                organizations, and governments associated with the 
                Heritage Route;
                    (B) is consistent with and complements continued 
                economic activity along the Heritage Route;
                    (C) has a high potential for effective partnership 
                mechanisms;
                    (D) avoids infringing on private property rights; 
                and
                    (E) provides methods to take appropriate action to 
                ensure that private property rights are observed.
            (3) Action following disapproval.--If the Secretary 
        disapproves a management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 90 days after the receipt of any 
                proposed revision of the management plan from the local 
                coordinating entity, approve or disapprove the proposed 
                revision.
    (e) Implementation.--On approval of the management plan as provided 
in subsection (d)(1), the local coordinating entity, in conjunction 
with the Secretary, shall take appropriate steps to implement the 
management plan.
    (f) Amendments.--
            (1) In general.--The Secretary shall review each amendment 
        to the management plan that the Secretary determines may make a 
        substantial change to the management plan.
            (2) Use of funds.--Funds made available under this title 
        shall not be expended to implement an amendment described in 
        paragraph (1) until the Secretary approves the amendment.

SEC. 907. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.

    (a) Authorities.--The local coordinating entity may, for purposes 
of preparing and implementing the management plan, use funds made 
available under this title to--
            (1) make grants to, and enter into cooperative agreements 
        with, a State (including a political subdivision), an Indian 
        tribe, a private organization, or any person; and
            (2) hire and compensate staff.
    (b) Duties.--In addition to developing the management plan, the 
local coordinating entity shall--
            (1) give priority to implementing the memorandum of 
        understanding and the management plan, including taking steps 
        to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations in--
                            (i) establishing and maintaining 
                        interpretive exhibits along the Heritage Route;
                            (ii) developing recreational resources 
                        along the Heritage Route;
                            (iii) increasing public awareness of and 
                        appreciation for the archaeological, 
                        historical, cultural, natural, scenic, and 
                        recreational resources and sites along the 
                        Heritage Route; and
                            (iv) if requested by the owner, restoring, 
                        stabilizing, or rehabilitating any private, 
                        public, or tribal historical building relating 
                        to the themes of the Heritage Route;
                    (B) encourage economic viability and diversity 
                along the Heritage Route in accordance with the 
                objectives of the management plan; and
                    (C) encourage the installation of clear, 
                consistent, and environmentally appropriate signage 
                identifying access points and sites of interest along 
                the Heritage Route;
            (2) consider the interests of diverse governmental, 
        business, and nonprofit groups associated with the Heritage 
        Route;
            (3) conduct public meetings in the region of the Heritage 
        Route at least semiannually regarding the implementation of the 
        management plan;
            (4) submit substantial amendments (including any increase 
        of more than 20 percent in the cost estimates for 
        implementation) to the management plan to the Secretary for 
        approval by the Secretary; and
            (5) for any year for which Federal funds are received under 
        this title--
                    (A) submit to the Secretary a report that 
                describes, for the year--
                            (i) the accomplishments of the local 
                        coordinating entity;
                            (ii) the expenses and income of the local 
                        coordinating entity; and
                            (iii) each entity to which any loan or 
                        grant was made;
                    (B) make available for audit all records pertaining 
                to the expenditure of the funds and any matching funds; 
                and
                    (C) require, for all agreements authorizing the 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available for audit all records 
                pertaining to the expenditure of the funds.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
this title to acquire real property or any interest in real property.
    (d) Prohibition on the Regulation of Land Use.--The local 
coordinating entity shall not regulate land use within the Heritage 
Route.

SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, on request of the local 
        coordinating entity, provide technical and financial assistance 
        to develop and implement the management plan and memorandum of 
        understanding.
            (2) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall, on request of the local 
        coordinating entity, give priority to actions that assist in--
                    (A) conserving the significant archaeological, 
                historical, cultural, natural, scenic, and recreational 
                resources of the Heritage Route; and
                    (B) providing education, interpretive, and 
                recreational opportunities, and other uses consistent 
                with those resources.
    (b) Application of Federal Law.--The establishment of the Heritage 
Route shall have no effect on the application of any Federal law to any 
property within the Heritage Route.

SEC. 909. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

    (a) Land Use Regulation.--Nothing in this title--
            (1) modifies, enlarges, or diminishes any authority of the 
        Federal, State, tribal, or local government to regulate by law 
        (including by regulation) any use of land; or
            (2) grants any power of zoning or land use to the local 
        coordinating entity.
    (b) Applicability of Federal Law.--Nothing in this title--
            (1) imposes on the Heritage Route, as a result of the 
        designation of the Heritage Route, any regulation that is not 
        applicable to the area within the Heritage Route as of the date 
        of enactment of this Act; or
            (2) authorizes any agency to promulgate a regulation that 
        applies to the Heritage Route solely as a result of the 
        designation of the Heritage Route under this title.

SEC. 910. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $10,000,000, of which not more than $1,000,000 may be 
made available for any fiscal year.
    (b) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of any 
        activity assisted under this title shall not exceed 50 percent.
            (2) Form of non-federal share.--The non-Federal share may 
        be in the form of in-kind contributions, donations, grants, and 
        loans from individuals and State or local governments or 
        agencies.

SEC. 911. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date of 
enactment of this Act.
                                 <all>