[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 159 Reported in Senate (RS)]
Calendar No. 172
113th CONGRESS
1st Session
S. 159
[Report No. 113-94]
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
January 28, 2013
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
September 10, 2013
Reported by Mr. Wyden, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 to
such terms and conditions as the Secretary determines to be
necessary 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.
<DELETED> (5) Overflights.--Nothing in this section
restricts or precludes--</DELETED>
<DELETED> (A) low-level overflights of aircraft over
the Wilderness, including military overflights that can
be seen or heard within the Wilderness;</DELETED>
<DELETED> (B) flight testing and evaluation;
or</DELETED>
<DELETED> (C) the designation or creation of new
units of special use airspace, or the establishment of
military flight training routes, over the
Wilderness.</DELETED>
(5) Overflights.--
(A) Military overflights.--Nothing in this Act
restricts or precludes--
(i) low-level overflights of military
aircraft over the Wilderness, including
military overflights that can been seen or
heard within the Wilderness;
(ii) flight testing and evaluation; or
(iii) the designation or creation of new
units of special airspace, or the establishment
of military flight training routes, over the
Wilderness.
(B) Existing airstrips.--Nothing in this Act
restricts or precludes low-level overflights by
aircraft originating from airstrips in existence on the
date of enactment of this Act that are located within 5
miles of the proposed boundary of 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.
Calendar No. 172
113th CONGRESS
1st Session
S. 159
[Report No. 113-94]
_______________________________________________________________________
A BILL
To designate the Wovoka Wilderness and provide for certain land
conveyances in Lyon County, Nevada, and for other purposes.
_______________________________________________________________________
September 10, 2013
Reported with amendments