[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3701 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3701

    To designate the Wovoka Wilderness and provide for certain land 
      conveyances in Lyon County, Nevada, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2012

 Mr. Heller (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 designate the Wovoka Wilderness and provide for certain land 
      conveyances in Lyon 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; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Land conveyance to Yerington, Nevada.
Sec. 3. Addition to National Wilderness Preservation System.
Sec. 4. Withdrawal.
Sec. 5. Native American cultural and religious uses.

SEC. 2. LAND CONVEYANCE TO YERINGTON, NEVADA.

    (a) Definitions.--In this section:
            (1) City.--The term ``City'' means the city of Yerington, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the land 
        located in Lyon County and Mineral County, Nevada, that is 
        identified on the map as ``City of Yerington Sustainable 
        Development Conveyance Lands''.
            (3) Map.--The term ``map'' means the map entitled 
        ``Yerington Land Conveyance'' and dated December 19, 2012.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Conveyances of Land to City of Yerington, Nevada.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, subject to valid existing rights and 
        notwithstanding the land use planning requirements of sections 
        202 and 203 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the 
        City, subject to the agreement of the City, all right, title, 
        and interest of the United States in and to the Federal land 
        identified on the map.
            (2) Appraisal to determine fair market value.--The 
        Secretary shall determine the fair market value of the Federal 
        land to be conveyed--
                    (A) in accordance with the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); and
                    (B) based on an appraisal that is conducted in 
                accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisition; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management.
            (4) Applicable law.--Beginning on the date on which the 
        Federal land is conveyed to the City, the development of and 
        conduct of activities on the Federal land shall be subject to 
        all applicable Federal laws (including regulations).
            (5) Costs.--As a condition of the conveyance of the Federal 
        land under paragraph (1), the City shall pay--
                    (A) an amount equal to the appraised value 
                determined in accordance with paragraph (2); and
                    (B) all costs related to the conveyance, including 
                all surveys, appraisals, and other administrative costs 
                associated with the conveyance of the Federal land to 
                the City under paragraph (1).

SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Findings.--Congress finds that--
            (1) the area designated as the Wovoka Wilderness by this 
        section contains unique and spectacular natural resources, 
        including--
                    (A) priceless habitat for numerous species of 
                plants and wildlife;
                    (B) thousands of acres of land that remain in a 
                natural state; and
                    (C) habitat important to the continued survival of 
                the population of the greater sage grouse of western 
                Nevada and eastern California (referred to in this 
                section as the ``Bi-State population of greater sage-
                grouse'');
            (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;
                    (D) protecting air and water quality; and
                    (E) protecting and strengthening the Bi-State 
                population of greater sage-grouse; and
            (3) the Secretary of Agriculture should collaborate with 
        the Lyon County Commission and the local community on wildfire 
        and forest management planning and implementation with the goal 
        of preventing catastrophic wildfire and resource damage.
    (b) Definitions.--In this section:
            (1) County.--The term ``County'' means Lyon County, Nevada.
            (2) Map.--The term ``map'' means the map entitled ``Wovoka 
        Wilderness Area'' and dated December 18, 2012.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Wilderness.--The term ``Wilderness'' means the Wovoka 
        Wilderness designated by subsection (c)(1).
    (c) Additions to National Wilderness Preservation System.--
            (1) Designation.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land 
        managed by the Forest Service, as generally depicted on the 
        Map, is designated as wilderness and as a component of the 
        National Wilderness Preservation System, to be known as the 
        ``Wovoka Wilderness''.
            (2) Boundary.--The boundary of any portion of the 
        Wilderness that is bordered by a road shall be 150 feet from 
        the centerline of the road.
            (3) Map and legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                prepare a map and legal description of the Wilderness.
                    (B) Effect.--The map and legal description prepared 
                under subparagraph (A) shall have the same force and 
                effect as if included in this section, except that the 
                Secretary may correct any clerical and typographical 
                errors in the map or legal description.
                    (C) Availability.--Each map and legal description 
                prepared under subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                offices of the Forest Service.
            (4) Withdrawal.--Subject to valid existing rights, the 
        Wilderness is withdrawn from--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws relating to mineral 
                and geothermal leasing or mineral materials.
    (d) Administration.--
            (1) Management.--Subject to valid existing rights, the 
        Wilderness shall be administered by the Secretary in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 
        any reference in that Act to the effective date shall be 
        considered to be a reference to the date of enactment of this 
        Act.
            (2) Livestock.--The grazing of livestock in the Wilderness, 
        if established before the date of enactment of this Act, shall 
        be allowed to continue, subject to such reasonable regulations, 
        policies, and practices as the Secretary considers to be 
        necessary, in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (House Report 101-405).
            (3) Incorporation of acquired land and interests.--Any land 
        or interest in land within the boundary of the Wilderness 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.
            (4) Adjacent management.--
                    (A) In general.--Congress does not intend for the 
                designation of the Wilderness to create a protective 
                perimeter or buffer zone around the Wilderness.
                    (B) Nonwilderness activities.--The fact that 
                nonwilderness activities or uses can be seen or heard 
                from areas within the Wilderness shall not preclude the 
                conduct of the activities or uses outside the boundary 
                of the Wilderness.
            (5) Overflights.--Nothing in this section restricts or 
        precludes--
                    (A) low-level overflights of aircraft over the 
                Wilderness, including military overflights that can be 
                seen or heard within the Wilderness;
                    (B) flight testing and evaluation; or
                    (C) the designation or creation of new units of 
                special use airspace, or the establishment of military 
                flight training routes, over the Wilderness.
            (6) Wildfire, insect, and disease management.--In 
        accordance with section 4(d)(1) of the Wilderness Act (16 
        U.S.C. 1133(d)(1)), the Secretary may take any measures in the 
        Wilderness that the Secretary determines to be necessary for 
        the control of fire, insects, and diseases, including, as the 
        Secretary determines to be appropriate, the coordination of the 
        activities with a State or local agency.
            (7) Water rights.--
                    (A) Findings.--Congress finds that--
                            (i) the Wilderness 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--
                                            (aa) actual or proposed 
                                        water resource facilities 
                                        located upstream; and
                                            (bb) opportunities for 
                                        diversion, storage, or other 
                                        uses of water occurring outside 
                                        the land that would adversely 
                                        affect the wilderness values of 
                                        the land;
                            (ii) the Wilderness is generally not 
                        suitable for use or development of new water 
                        resource facilities; and
                            (iii) because of the unique nature of the 
                        Wilderness, 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.
                    (B) Purpose.--The purpose of this paragraph is to 
                protect the wilderness values of the Wilderness by 
                means other than a federally reserved water right.
                    (C) Statutory construction.--Nothing in this 
                paragraph--
                            (i) constitutes an express or implied 
                        reservation by the United States of any water 
                        or water rights with respect to the Wilderness;
                            (ii) affects 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;
                            (iii) establishes a precedent with regard 
                        to any future wilderness designations;
                            (iv) affects the interpretation of, or any 
                        designation made under, any other Act; or
                            (v) limits, alters, modifies, or amends any 
                        interstate compact or equitable apportionment 
                        decree that apportions water among and between 
                        the State and other States.
                    (D) 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.
                    (E) New projects.--
                            (i) Definition of water resource 
                        facility.--
                                    (I) In general.--In this 
                                subparagraph, the term ``water resource 
                                facility'' 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.
                                    (II) Exclusion.--In this 
                                subparagraph, the term ``water resource 
                                facility'' does not include wildlife 
                                guzzlers.
                            (ii) Restriction on new water resource 
                        facilities.--
                                    (I) In general.--Except as 
                                otherwise provided in this section, on 
                                or after the date of enactment of this 
                                Act, no 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, any portion of which is 
                                located in the County.
                                    (II) Exception.--If a permittee 
                                within the Bald Mountain grazing 
                                allotment submits an application for 
                                the development of water resources for 
                                the purpose of livestock watering by 
                                the date that is 10 years after the 
                                date of enactment of this Act, the 
                                Secretary shall issue a water 
                                development permit within the non-
                                wilderness boundaries of the Bald 
                                Mountain grazing allotment for the 
                                purposes of carrying out activities 
                                under paragraph (2).
            (8) Nonwilderness roads.--Nothing in this Act prevents the 
        Secretary from implementing or amending a final travel 
        management plan.
    (e) Wildlife Management.--
            (1) In general.--In accordance with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 
        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.
            (2) Management activities.--In furtherance of the purposes 
        and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
        the Secretary may conduct any management activities in the 
        Wilderness that are necessary to maintain or restore fish and 
        wildlife populations and the habitats to support the 
        populations, if the activities are carried out--
                    (A) consistent with relevant wilderness management 
                plans; and
                    (B) in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) appropriate policies, such as those 
                        set forth in Appendix B of the report of the 
                        Committee on Interior and Insular Affairs of 
                        the House of Representatives accompanying H.R. 
                        2570 of the 101st Congress (House Report 101-
                        405), including the occasional and temporary 
                        use of motorized vehicles and aircraft, if the 
                        use, as determined by the Secretary, would 
                        promote healthy, viable, and more naturally 
                        distributed wildlife populations that would 
                        enhance wilderness values with the minimal 
                        impact necessary to reasonably accomplish those 
                        tasks.
            (3) 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 
        in the Wilderness.
            (4) Hunting, fishing, and trapping.--
                    (A) In general.--The Secretary may designate 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.
                    (B) Consultation.--Except in emergencies, the 
                Secretary shall consult with the appropriate State 
                agency and notify the public before making any 
                designation under paragraph (1).
            (5) Agreement.--The State, including a designee of the 
        State, may conduct wildlife management activities in the 
        Wilderness--
                    (A) in accordance with the terms and conditions 
                specified in the cooperative agreement between the 
                Secretary and the State entitled ``Memorandum of 
                Understanding: Intermountain Region USDA Forest Service 
                and the Nevada Department of Wildlife State of Nevada'' 
                and signed by the designee of the State on February 6, 
                1984, and by the designee of the Secretary on January 
                24, 1984, including any amendments, appendices, or 
                additions to the agreement agreed to by the Secretary 
                and the State or a designee; and
                    (B) subject to all applicable laws (including 
                regulations).
    (f) Wildlife Water Development Projects.--Subject to subsection 
(d), the Secretary shall authorize structures and facilities, including 
existing structures and facilities, for wildlife water development 
projects (including guzzlers) in the Wilderness 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 can reasonably be minimized.

SEC. 4. WITHDRAWAL.

    (a) Definition of Withdrawal Area.--In this section, the term 
``Withdrawal Area'' means the land administered by the Forest Service 
and identified as ``Withdrawal Area'' on the map described in section 
3(b)(2).
    (b) 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.
    (c) Motorized and Mechanical Vehicles.--
            (1) In general.--Subject to paragraph (2), use of motorized 
        and mechanical vehicles in the Withdrawal Area shall be 
        permitted only on roads and trails designated for the use of 
        those vehicles, unless the use of those vehicles is needed--
                    (A) for administrative purposes; or
                    (B) to respond to an emergency.
            (2) Exception.--Paragraph (1) does not apply to aircraft 
        (including helicopters).

SEC. 5. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this Act alters or diminishes the treaty rights of any 
Indian tribe.
                                 <all>