[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3397 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3397

To promote conservation, improve public land, and provide for sensible 
     development in Douglas County, Nevada, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 28, 2018

  Mr. Heller introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To promote conservation, improve public land, and provide for sensible 
     development in Douglas 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 ``Douglas County 
Economic Development and Conservation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                  TITLE I--LAND CONVEYANCES AND SALES

Sec. 101. Conveyance to State of Nevada.
Sec. 102. Concessionaires at Zephyr Shoals Management Area.
Sec. 103. Conveyance to Douglas County, Nevada.
Sec. 104. Tahoe Rim Trail.
Sec. 105. Sale of certain Federal land.
                  TITLE II--TRIBAL CULTURAL RESOURCES

Sec. 201. Transfer of land to be held in trust for Tribe.
Sec. 202. Dance Hill Management Agreement.
     TITLE III--RESOLUTION OF BURBANK CANYONS WILDERNESS STUDY AREA

Sec. 301. Addition to National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Fish and Wildlife Management.
Sec. 304. Release of Wilderness study area.
Sec. 305. Native American cultural and religious uses.
 TITLE IV--TRANSFER OF ADMINISTRATIVE JURISDICTION OVER FOREST SERVICE 
                                  LAND

Sec. 401. Authority of Forest Service to transfer administrative 
                            jurisdiction to State or County for public 
                            purposes.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Douglas County, 
        Nevada.
            (2) Map.--The term ``Map'' means the map entitled ``Douglas 
        County Economic Development and Conservation Act'' and dated 
        May 22, 2018.
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to National Forest System land, 
                the Secretary of Agriculture (acting through the Chief 
                of the Forest Service); and
                    (B) with respect to land managed by the Bureau of 
                Land Management, including land held for the benefit of 
                the Tribe, the Secretary of the Interior.
            (5) State.--The term ``State'' means the State of Nevada.
            (6) Tribe.--The term ``Tribe'' means the Washoe Tribe of 
        Nevada and California.
            (7) Wilderness.--The term ``Wilderness'' means the Burbank 
        Canyons Wilderness designated by section 301(a).

                  TITLE I--LAND CONVEYANCES AND SALES

SEC. 101. CONVEYANCE TO STATE OF NEVADA.

    (a) Conveyance.--Subject to valid existing rights and 
notwithstanding the land use planning requirements of section 202 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), 
the Secretary concerned shall convey to the State without consideration 
all right, title, and interest of the United States in and to the land 
described in subsection (b).
    (b) Description of Land.--The land referred to in subsection (a) is 
the approximately 67 acres of Forest Service land generally depicted as 
``Lake Tahoe-Nevada State Park'' on the Map.
    (c) Costs.--Any costs relating to the 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 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 the land conveyed under 
        subsection (a) shall be constructed and managed in a manner 
        consistent with the uses described in paragraph (1).
    (e) Reversion.--If any portion of the land conveyed under 
subsection (a) is used in a manner that is inconsistent with the uses 
described in subsection (d), the land shall, at the discretion of the 
Secretary concerned, revert to the United States.

SEC. 102. CONCESSIONAIRES AT ZEPHYR SHOALS MANAGEMENT AREA.

    (a) Expanded Permit Boundary.--Not later than 60 days after the 
date of enactment of this Act, subject to acceptance by the permit 
holder, the Secretary of Agriculture shall include approximately 44.7 
acres of National Forest System land generally depicted as ``Zephyr 
Shoals'' on the Map in the existing permit for operation of the Zephyr 
Cove Resort.
    (b) Prospectus.--On the expiration of the permit for Zephyr Cove 
Resort, the Secretary of Agriculture shall issue a prospectus for 
issuance of a new permit for Zephyr Cove Resort that includes both the 
Zephyr Cove Resort and Zephyr Shoals.
    (c) Exclusion.--This section shall not apply to any land or portion 
of land described in subsection (a) for which a concessionaire has a 
contract to operate under a special use permit issued before the date 
of enactment of this Act.
    (d) Consultation.--In carrying out this section, the Secretary of 
Agriculture shall consult with the State, County, Tribe, and other 
interested parties--
            (1) to satisfy any requirement under section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332); and
            (2) to prepare for the orderly and smooth transition of the 
        operation of the land described in subsection (a) to one or 
        more concessionaires.
    (e) Treatment of Proceeds.--Any fees received under a concession 
contract under this section shall remain available to the Forest 
Service, until expended, without further appropriation, for use within 
the Lake Tahoe Basin Management Unit under the authorities provided by 
section 2(d) of Public Law 96-586 (commonly known as the ``Santini-
Burton Act'') (94 Stat. 3382).
    (f) Transfer of Administrative Jurisdiction.--
            (1) In general.--If the Secretary of Agriculture has not 
        entered into a concession contract for a permit for the land 
        described in subsection (a) by the date that is 2 years after 
        the date on which the prospectus is published under subsection 
        (b), consistent with section 3(a) of Public Law 96-586 
        (commonly known as the ``Santini-Burton Act'') (94 Stat. 3383), 
        the Secretary of Agriculture shall transfer to the County, 
        without consideration, administrative jurisdiction over the 
        land for a period of 99 years.
            (2) Costs.--Any costs relating to a transfer under 
        paragraph (1), including any costs for surveys and other 
        administrative costs, shall be paid by the County.
            (3) Use of land.--Any land transferred to the County under 
        paragraph (1) shall--
                    (A) be managed by the County--
                            (i) to maintain undeveloped open space;
                            (ii) to preserve the natural 
                        characteristics of the land in perpetuity; and
                            (iii) to protect and enhance water quality, 
                        stream environment zones, and important 
                        wildlife habitat; and
                    (B) be used for public purposes consistent with the 
                Act of June 14, 1926 (commonly known as the 
                ``Recreation and Public Purposes Act'') (43 U.S.C. 869 
                et seq.).
            (4) Reversion.--If any land or portion of land transferred 
        under this section is used in a manner that is inconsistent 
        with this section, the land shall, at the discretion of the 
        Secretary of Agriculture, revert to the United States.

SEC. 103. CONVEYANCE TO DOUGLAS COUNTY, NEVADA.

    (a) Definition of Federal Land.--In this section, the term 
``Federal land'' means the approximately 7,951 acres of Federal land 
located in the County that is identified as ``Douglas County 
Conveyances'' on the Map.
    (b) Authorization of Conveyance.--Subject to valid existing rights 
and notwithstanding the land use planning requirements of section 202 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), 
not later than 180 days after the date on which the Secretary concerned 
receives a request from the County for the conveyance of the Federal 
land, the Secretary concerned shall convey to the County, without 
consideration, all right, title, and interest of the United States in 
and to the Federal land.
    (c) Costs.--Any costs relating to the conveyance authorized under 
subsection (b), including any costs for surveys and other 
administrative costs, shall be paid by the County.
    (d) Use of Federal Land.--
            (1) In general.--The Federal land conveyed under subsection 
        (b)--
                    (A) may be used by the County for flood control or 
                any other public purpose consistent with the Act of 
                June 14, 1926 (commonly known as the ``Recreation and 
                Public Purposes Act'') (43 U.S.C. 869 et seq.); and
                    (B) shall not be disposed of by the County.
            (2) Reversion.--If the Federal land conveyed under 
        subsection (b) is used in a manner inconsistent with paragraph 
        (1), the Federal land shall, at the discretion of the Secretary 
        concerned, revert to the United States.
    (e) Acquisition of Federal Reversionary Interest.--
            (1) In general.--After the date of conveyance of Federal 
        land under subsection (b) that is obtained for public purposes 
        in accordance with the Act of June 14, 1926 (commonly known as 
        the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
        seq.), the County may submit to the Secretary concerned a 
        request to acquire the Federal reversionary interest in all or 
        any portion of the Federal land.
            (2) Appraisal.--
                    (A) In general.--Not later than 180 days after the 
                date of receipt of a request under paragraph (1), the 
                Secretary concerned shall complete an appraisal of the 
                Federal reversionary interest in the Federal land 
                requested by the County.
                    (B) Requirement.--The appraisal under subparagraph 
                (A) shall be completed in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Conveyance required.--
                    (A) In general.--If, by the date that is 1 year 
                after the date of completion of the appraisal under 
                paragraph (2), the County submits to the Secretary 
                concerned an offer to acquire the Federal reversionary 
                interest requested under paragraph (1), the Secretary 
                concerned, by not later than the date that is 30 days 
                after the date on which the offer is submitted, shall 
                convey to the County that reversionary interest.
                    (B) Consideration.--As consideration for the 
                conveyance of the Federal reversionary interest under 
                subparagraph (A), the County shall pay to the Secretary 
                concerned an amount equal to the appraised value of the 
                Federal reversionary interest, as determined under 
                paragraph (2).
                    (C) Costs of conveyance.--Any costs relating to the 
                conveyance under subparagraph (A), including any costs 
                for surveys and other administrative costs, shall be 
                paid by the Secretary concerned.
            (4) Disposition of proceeds.--Any amounts collected under 
        this subsection shall be disposed of in accordance with section 
        105(i).
    (f) Revocation of Orders.--Any public land order that withdraws any 
of the land described in subsection (a) from appropriation or disposal 
under a public land law shall be revoked to the extent necessary to 
permit disposal of that land.

SEC. 104. TAHOE RIM TRAIL.

    (a) In General.--The Secretary of Agriculture, in consultation with 
the County and other stakeholders, shall develop and implement a 
cooperative management agreement for the land described in subsection 
(b)--
            (1) to improve the quality of recreation access by 
        providing additional amenities as agreed on by the Secretary 
        and the County; and
            (2) to conserve the natural resource values.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the approximately 13 acres of land generally depicted as 
``Tahoe Rim Trail North Parcel'' on the Map.

SEC. 105. SALE OF CERTAIN FEDERAL 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 concerned shall, in accordance with the other provisions 
of that Act and any other applicable law, and subject to valid existing 
rights, conduct one or more sales of the Federal land described in 
subsection (b) to qualified bidders.
    (b) Description of Land.--The Federal land referred to in 
subsection (a) consists of--
            (1) the approximately 59.5 acres of public land generally 
        depicted as ``Lands for Disposal'' on the Map; and
            (2) not more than 10,000 acres of land in the County that--
                    (A) is not segregated or withdrawn on or after the 
                date of enactment of this Act, unless the land is 
                withdrawn in accordance with subsection (g); and
                    (B) is identified for disposal by the Secretary 
                concerned through--
                            (i) the Carson City Consolidated Resource 
                        Management Plan; or
                            (ii) any subsequent amendment to the 
                        management plan that is undertaken with full 
                        public involvement.
    (c) Joint Selection Required.--The Secretary concerned and the 
County shall jointly select which parcels of the Federal land described 
in subsection (b)(2) to offer for sale under subsection (a).
    (d) Compliance With Local Planning and Zoning Laws.--Before 
carrying out a sale of Federal land under subsection (a), the County 
shall submit to the Secretary concerned a certification that qualified 
bidders have agreed to comply with--
            (1) County zoning ordinances; and
            (2) any master plan for the area approved by the County.
    (e) Method of Sale; Consideration.--The sale of Federal land under 
subsection (a) shall be--
            (1) through a competitive bidding process, unless otherwise 
        determined by the Secretary concerned; and
            (2) for not less than fair market value.
    (f) Recreation and Public Purposes Act Conveyances.--
            (1) In general.--Not later than 30 days before any land 
        described in subsection (b) is offered for sale under 
        subsection (a), the State or County may elect to obtain the 
        land for public purposes in accordance with the Act of June 14, 
        1926 (commonly known as the ``Recreation and Public Purposes 
        Act'') (43 U.S.C. 869 et seq.).
            (2) Retention.--Pursuant to an election made under 
        paragraph (1), the Secretary concerned shall retain the elected 
        land for conveyance to the State or County in accordance with 
        the Act of June 14, 1926 (commonly known as the ``Recreation 
        and Public Purposes Act'') (43 U.S.C. 869 et seq.).
    (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, 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.
            (2) Termination.--The withdrawal under paragraph (1) shall 
        be terminated--
                    (A) on the date of sale or conveyance of title to 
                the land described in subsection (b) pursuant to this 
                Act; or
                    (B) with respect to any land described in 
                subsection (b) that is not sold or exchanged, not later 
                than 1 year after the date on which the land was 
                offered for sale under this Act.
            (3) Exception.--Paragraph (1)(A) shall not apply to a sale 
        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, if 
        there is a qualified bidder for the land described in 
        subsection (b), the Secretary concerned shall offer the land 
        for sale to the qualified bidder.
            (2) Postponement; exclusion from sale.--At the request of 
        the County, the Secretary concerned may temporarily postpone or 
        exclude from the sale under paragraph (1) all or a portion of 
        the land described in subsection (b).
    (i) Disposition of Proceeds.--Of the proceeds from the sale of land 
under this section--
            (1) 5 percent shall be disbursed to the State for use by 
        the State for general education programs of the State;
            (2) 10 percent shall be disbursed to the County for use by 
        the County for general budgeting purposes; and
            (3) 85 percent shall be deposited in a special account in 
        the Treasury of the United States, to be known as the ``Douglas 
        County Special Account'', which shall be available to the 
        Secretary concerned until expended, without further 
        appropriation--
                    (A) to reimburse costs incurred by the Secretary 
                concerned in preparing for the sale of the land 
                described in subsection (b), including--
                            (i) the costs of surveys and appraisals; 
                        and
                            (ii) the costs of compliance with the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) and sections 202 and 203 
                        of the Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1712, 1713);
                    (B) to reimburse costs incurred by the Bureau of 
                Land Management and the Forest Service in preparing for 
                and carrying out the transfers of land to be held in 
                trust by the United States under title II; and
                    (C) to acquire environmentally sensitive land or an 
                interest in environmentally sensitive land in the 
                County--
                            (i) pursuant to the Douglas County Open 
                        Space and Agricultural Lands Preservation 
                        Implementation Plan, or any subsequent 
                        amendment to the plan that is undertaken with 
                        full public involvement; and
                            (ii) for flood control purposes.
    (j) Availability of Funds.--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; 120 Stat. 3045; 123 
Stat. 1114) is amended--
            (1) in paragraph (3)(A)--
                    (A) by striking clause (iv) and inserting the 
                following:
                            ``(iv) development of parks, trails, and 
                        natural areas in Clark, Lincoln, and White Pine 
                        Counties, Washoe County (subject to paragraph 
                        (4)), Carson City (subject to paragraph (5)), 
                        and Douglas County (subject to paragraph (6)), 
                        Nevada, pursuant to a cooperative agreement 
                        with a unit of local government or regional 
                        governmental entity;''; and
                    (B) in clause (v), by striking ``Clark, Lincoln, 
                and White Pine Counties and Carson City (subject to 
                paragraph (5))'' and inserting ``Clark, Lincoln, and 
                White Pine Counties, Washoe County (subject to 
                paragraph (4)), Carson City (subject to paragraph (5)), 
                and Douglas County (subject to paragraph (6))''; and
            (2) by adding at the end the following:
            ``(6) Limitation for douglas county.--Douglas County shall 
        be eligible to nominate for expenditure amounts to acquire land 
        or an interest in land for parks, trails, or natural areas and 
        for conservation initiatives--
                    ``(A) within the Carson River watershed;
                    ``(B) within the Walker River watershed; or
                    ``(C) for the conservation of sage-grouse 
                habitat.''.
    (k) Revocation of Orders.--Any public land order that withdraws any 
of the land described in subsection (b) from appropriation or disposal 
under a public land law shall be revoked to the extent necessary to 
permit disposal of that land.

                  TITLE II--TRIBAL CULTURAL RESOURCES

SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR 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)--
            (1) shall be held in trust by the United States for the 
        benefit of 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--
            (1) approximately 1,945 acres of Federal land generally 
        depicted as ``Washoe Tribe Conveyances'' on the Map; and
            (2) any land administered on the date of enactment of this 
        Act by the Bureau of Land Management or the Forest Service and 
        generally depicted as ``Section 5 lands'' on the Map.
    (c) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Secretary concerned shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).
    (d) Use of Trust Land.--
            (1) Gaming.--Land taken into trust under this section shall 
        not be eligible, or considered to have been taken into trust, 
        for class II gaming or class III gaming (as defined in section 
        4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
            (2) Thinning; landscape restoration.--
                    (A) In general.--The Secretary concerned, in 
                consultation and coordination with the Tribe, may carry 
                out any fuel reduction and other landscape restoration 
                activities on the land taken into trust under 
                subsection (a) (including land that includes threatened 
                and endangered species habitat), that are beneficial 
                to--
                            (i) the Tribe; and
                            (ii)(I) the Bureau of Land Management; or
                            (II) the Forest Service.
                    (B) Conservation benefits.--Activities carried out 
                under subparagraph (A) include activities that provide 
                conservation benefits to a species--
                            (i) that is not listed as endangered or 
                        threatened under section 4(c) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1533(c)); but
                            (ii) is--
                                    (I) listed by a State as a 
                                threatened or endangered species;
                                    (II) a species of concern; or
                                    (III) a candidate for a listing as 
                                an endangered or threatened species 
                                under the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.).
    (e) Water Rights.--Nothing in this section affects the allocation, 
ownership, interest, or control, as in existence on the date of 
enactment of this Act, of any water, water right, or any other valid 
existing right held by the United States, an Indian tribe, a State, or 
a person.

SEC. 202. DANCE HILL MANAGEMENT AGREEMENT.

    (a) In General.--The Secretary of Agriculture shall manage the land 
described in subsection (b) pursuant to the interlocal agreement 
entered into by the Tribe and County--
            (1) to preserve cultural resources;
            (2) to ensure regular access by members of the Tribe and 
        the community across National Forest System land for cultural 
        and religious purposes; and
            (3) to protect recreational uses.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the approximately 1,811 acres of land generally depicted as 
``Dance Hill Management Agreement Area'' on the Map.

     TITLE III--RESOLUTION OF BURBANK CANYONS WILDERNESS STUDY AREA

SEC. 301. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the approximately 12,330 acres of Federal 
land managed by the Bureau of Land Management, as generally depicted on 
the Map as ``Burbank Canyons Wilderness'', is designated as wilderness 
and as a component of the National Wilderness Preservation System, to 
be known as the ``Burbank Canyons Wilderness''.
    (b) Boundary.--The boundary of any portion of the Wilderness that 
is bordered by a road shall be at least 100 feet from the centerline 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 concerned shall prepare a 
        map and legal description of the Wilderness.
            (2) Effect.--The map and legal description prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct any minor error in the map or legal description.
            (3) Availability.--A copy of the map and legal description 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Bureau of 
        Land Management.
    (d) Withdrawal.--Subject to valid existing rights, the Wilderness 
is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.

SEC. 302. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the Wilderness 
shall be administered by the Secretary concerned 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 the Interior.
    (b) 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 concerned considers to be necessary in 
accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) 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).
    (c) Incorporation of Acquired Land and Interests.--Any land or 
interest in land within the boundaries 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.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the Wilderness to create a protective perimeter 
        or buffer zone around the Wilderness.
            (2) 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.
    (e) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        Wilderness, including military overflights that can be seen or 
        heard within the wilderness area;
            (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.
    (f) Existing Airstrips.--Nothing in this Act restricts or precludes 
low-level overflights by aircraft utilizing airstrips in existence on 
the date of enactment of this Act that are located within 5 miles of 
the proposed boundary of the Wilderness.
    (g) 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 concerned may take any measures in the Wilderness that the 
Secretary concerned determines to be necessary for the control of fire, 
insects, and diseases, including, as the Secretary concerned determines 
to be appropriate, the coordination of the activities with the State or 
a local agency.
    (h) Data Collection.--In accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.) and subject to such terms and conditions as the 
Secretary concerned may prescribe, the Secretary concerned may 
authorize the installation and maintenance of hydrologic, meteorologic, 
or climatological collection devices in the Wilderness if the Secretary 
concerned determines that the facilities and access to the facilities 
are essential to flood warning, flood control, or water reservoir 
operation activities.
    (i) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) 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, 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 Wilderness is generally not suitable for 
                use or development of new water resource facilities; 
                and
                    (C) 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 
                by means different from the means used in other laws.
            (2) Purpose.--The purpose of this section is to protect the 
        wilderness values of the Wilderness by means other than a 
        federally reserved water right.
            (3) Statutory construction.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                by the United States of any water or water rights with 
                respect to the Wilderness;
                    (B) 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;
                    (C) establishes a precedent with regard to any 
                future wilderness designations;
                    (D) affects the interpretation of, or any 
                designation made under, any other Act; or
                    (E) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (4) Nevada water law.--The Secretary concerned 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.
            (5) New projects.--
                    (A) Definition of water resource facility.--
                            (i) In general.--In this paragraph, 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 paragraph, the 
                        term ``water resource facility'' 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 any wilderness area, 
                including a portion of a wilderness area, that is 
                located in the County.

SEC. 303. FISH AND 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 Act 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.
    (b) Management Activities.--In furtherance of the purposes and 
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the 
Secretary concerned 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--
            (1) in a manner that is consistent with relevant wilderness 
        management plans; and
            (2) in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (B) 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 
                concerned, 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.
    (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 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), the State may continue to use aircraft, including 
helicopters, to survey, capture, transplant, monitor, and provide water 
for wildlife populations in the Wilderness.
    (d) Hunting, Fishing, and Trapping.--
            (1) In general.--The Secretary concerned 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.
            (2) Consultation.--Except in emergencies, the Secretary 
        concerned shall consult with the appropriate State agency and 
        notify the public before making any designation under paragraph 
        (1).
    (e) Cooperative Agreement.--
            (1) In general.--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 of the Interior 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 of the Interior 
                and the State; and
                    (B) subject to all applicable laws (including 
                regulations).
            (2) References; clark county.--For the purposes of this 
        subsection, any reference to Clark County in the cooperative 
        agreement described in paragraph (1)(A) shall be considered to 
        be a reference to the Wilderness.

SEC. 304. RELEASE OF WILDERNESS STUDY AREA.

    (a) Finding.--Congress finds that, for the purposes of section 
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)), the portion of the Burbank Canyons Wilderness study area 
located in the County that is not designated as wilderness by section 
301 has been adequately studied for wilderness designation.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this title--
            (1) is no longer subject to section 603(c) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
            (2) shall be managed in accordance with--
                    (A) land management plans adopted under section 202 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1712); and
                    (B) cooperative conservation agreements in 
                existence on the date of enactment of this Act.

SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title alters or diminishes the treaty rights of any 
Indian tribe (as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304)).

 TITLE IV--TRANSFER OF ADMINISTRATIVE JURISDICTION OVER FOREST SERVICE 
                                  LAND

SEC. 401. AUTHORITY OF FOREST SERVICE TO TRANSFER ADMINISTRATIVE 
              JURISDICTION TO STATE OR COUNTY FOR PUBLIC PURPOSES.

    (a) In General.--Consistent with section 3(b) of Public Law 96-586 
(commonly known as the ``Santini-Burton Act'') (94 Stat. 3384), and 
subject to valid existing rights and to such terms and conditions as 
the Secretary of Agriculture determines to be necessary, on request by 
the State or County, the Secretary of Agriculture may transfer the 
Forest Service land or interests in Forest Service land described in 
subsection (b) to the State or County, without consideration, to 
protect the environmental quality and public recreational use of the 
transferred Forest Service land.
    (b) Description of Land.--The land referred to in subsection (a) is 
any Forest Service land that is within the boundaries of the area 
subject to acquisition under Public Law 96-586 (commonly known as the 
``Santini-Burton Act'') (94 Stat. 3381) that is--
            (1) unsuitable for Forest Service administration; or
            (2) necessary for a public purpose.
    (c) Use of Land.--The land transferred under subsection (a) shall--
            (1) be managed by the State or County, as applicable, to 
        maintain undeveloped open space and to preserve the natural 
        characteristics of the transferred land in perpetuity;
            (2) be managed by the State or County, as applicable, to 
        protect and enhance water quality, stream environment zones, 
        and important wildlife habitat; and
            (3) be used by the State or County, as applicable, for 
        recreation or other public purposes (including trails, 
        trailheads, fuel reduction, control, and other infrastructure) 
        consistent with the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
        seq.).
    (d) Reversion.--If a parcel of land transferred under subsection 
(a) is used in a manner that is inconsistent with the use described for 
the parcel of land in subsection (c), the parcel of land shall, at the 
discretion of the Secretary of Agriculture, revert to the United 
States.
                                 <all>