[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 414 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 414

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2017

  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 management, and provide 
  for sensible development in Pershing 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 ``Pershing 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--CHECKERBOARD LAND RESOLUTION

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Sale or exchange of eligible land.
Sec. 104. Disposition of proceeds.
                TITLE II--LAND CONVEYANCES AND TRANSFERS

Sec. 201. Conveyances of covered land.
Sec. 202. Conveyance of land for use as a public cemetery.
                      TITLE III--WILDERNESS AREAS

Sec. 301. Additions to the National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Wildlife management.
Sec. 304. Release of wilderness study areas.
Sec. 305. Native American cultural and religious uses.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Pershing County, 
        Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Nevada.
            (4) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 301(a).

                 TITLE I--CHECKERBOARD LAND RESOLUTION

SEC. 101. FINDINGS.

    Congress finds that--
            (1) since the passage of the Act of July 1, 1862 (12 Stat. 
        489, chapter 120) (commonly known as the ``Pacific Railway Act 
        of 1862''), under which railroad land grants along the Union 
        Pacific Railroad right-of-way created a checkerboard land 
        pattern of alternating public land and privately owned land, 
        management of the land in the checkerboard area has been a 
        constant source of frustration for both private landholders and 
        the Federal Government;
            (2) management of Federal land in the checkerboard area has 
        been costly and difficult for the Federal land management 
        agencies, creating a disincentive to manage the land 
        effectively;
            (3) parcels of land within the checkerboard area in the 
        County will not vary significantly in appraised value by acre 
        due to the similarity of highest and best use in the County; 
        and
            (4) consolidation of appropriate land within the 
        checkerboard area through sales and as acre-for-acre exchanges 
        for development and Federal management will--
                    (A) help improve the tax base of the County; and
                    (B) simplify management for the Federal Government.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Eligible land.--The term ``eligible land'' means--
                    (A) any land administered by the Director of the 
                Bureau of Land Management that is within the area 
                identified on the Map as ``Checkerboard Lands 
                Resolution Area'' that is designated for disposal by 
                the Secretary through--
                            (i) the Winnemucca Consolidated Resource 
                        Management Plan; or
                            (ii) any subsequent amendment or revision 
                        to the management plan that is undertaken with 
                        full public involvement; and
                    (B) the land identified on the Map as ``Additional 
                Lands Eligible for Disposal''.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Pershing County Checkerboard Lands Resolution'' and dated 
        February 9, 2017.

SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND.

    (a) Authorization of Conveyance.--Notwithstanding sections 202 and 
203, subsections (b) through (i) of section 206, and section 209 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713, 
1716, 1719), the Secretary, in cooperation with the County, in 
accordance with this Act and any other applicable law, and subject to 
valid existing rights, shall conduct sales or exchanges of the eligible 
land.
    (b) Joint Selection Required.--The Secretary and the County shall 
jointly select which parcels of eligible land to offer for sale or 
exchange under subsection (a).
    (c) Compliance With Local Planning and Zoning Laws.--Before 
carrying out a sale or exchange under subsection (a), the County shall 
submit to the Secretary a certification that qualified bidders have 
agreed to comply with--
            (1) local zoning ordinances; and
            (2) any master plan for the area approved by the County.
    (d) Method of Sale or Exchange.--
            (1) In general.--The sale or exchange of eligible land 
        under subsection (a) shall be--
                    (A) consistent with subsections (b), (d), and (f) 
                of section 203 and section 206(a) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1713, 
                1716(a)); and
                    (B) conducted through--
                            (i) a sale, which shall be--
                                    (I) through a competitive bidding 
                                process, under which adjoining 
                                landowners are offered the first 
                                option, unless otherwise determined by 
                                the Secretary;
                                    (II) for not less than fair market 
                                value, based on an appraisal in 
                                accordance with the Uniform Standards 
                                of Professional Appraisal Practice; and
                                    (III) conducted in accordance with 
                                subsection (f); or
                            (ii) subject to paragraph (3), an acre-for-
                        acre exchange for private land located within a 
                        Management Priority Area identified under 
                        paragraph (4)(A).
            (2) Mass appraisal.--Not later than 1 year after the date 
        of enactment of this Act, and every 5 years thereafter, the 
        Secretary shall--
                    (A) conduct a mass appraisal of the eligible land 
                to determine whether any parcel of eligible land is 
                likely valued at equal to or greater than $500 per acre 
                (in 2017 constant dollars, as measured by the Consumer 
                Price Index); and
                    (B) make available to the public the results of the 
                mass appraisal conducted under subparagraph (A).
            (3) Exclusion.--
                    (A) In general.--If the Secretary determines that a 
                parcel of eligible land is likely valued at equal to or 
                greater than $500 per acre (in 2017 constant dollars, 
                as measured by the Consumer Price Index) under 
                paragraph (2)(A), the Secretary shall exclude that 
                parcel from the acre-for-acre exchange described in 
                paragraph (1)(B)(ii).
                    (B) Publication in federal register.--If a mass 
                appraisal of eligible land under paragraph (2)(A) is 
                not finalized, or up-to-date and publicly available, 
                before an acre-for-acre exchange described in paragraph 
                (1)(B)(ii) is completed, the Secretary may finalize the 
                exchange if the Secretary publishes in the Federal 
                Register--
                            (i) a determination stating that the one or 
                        more parcels of eligible land included in the 
                        exchange are likely valued at less than $500 
                        per acre (in 2017 constant dollars, as measured 
                        by the Consumer Price Index); and
                            (ii) a description of the methodology used 
                        to arrive at that determination.
            (4) Management priority areas.--
                    (A) In general.--Subject to subparagraph (B), not 
                later than 1 year after the date of enactment of this 
                Act, for the purpose of the exchanges authorized under 
                paragraph (1)(B)(ii), the Secretary--
                            (i) shall identify Management Priority 
                        Areas within the Checkerboard Lands Resolution 
                        Area, as identified on the Map, that are 
                        considered by the Secretary to be--
                                    (I) greater sage-grouse habitat;
                                    (II) part of an identified wildlife 
                                corridor or designated critical 
                                habitat;
                                    (III) of value for outdoor 
                                recreation or public access for 
                                hunting, fishing, and other 
                                recreational purposes;
                                    (IV) of significant cultural, 
                                historic, ecological, or scenic value; 
                                or
                                    (V) of value for improving Federal 
                                land management; and
                            (ii) as appropriate, may identify 
                        additional management priority areas in the 
                        County any time after the identification under 
                        clause (i) is completed.
                    (B) Limitation.--Management of Federal land within 
                any Management Priority Area identified under 
                subparagraph (A) shall not be changed based solely on 
                that identification.
    (e) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        mining claims for which the claims maintenance fees have been 
        paid in the applicable assessment year, effective on the date 
        on which a parcel of eligible land is selected for sale or 
        exchange under subsection (b), that parcel is withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws, including the mining laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
            (2) Termination.--The withdrawal of a parcel of eligible 
        land under paragraph (1) shall terminate--
                    (A) on the date of sale or, in the case of 
                exchange, the conveyance of title of the parcel of 
                eligible land under this title; or
                    (B) with respect to any parcel of eligible land 
                selected for sale or exchange under subsection (b) that 
                is not sold or exchanged, not later than 2 years after 
                the date on which the parcel was offered for sale or 
                exchange under this title.
    (f) Parameters for Sale or Exchange.--
            (1) Sales.--
                    (A) Deadline.--Except as provided in paragraph (3), 
                not later than 1 year after the date of enactment of 
                this Act, and not less frequently than once per year 
                thereafter until the date on which the limitation in 
                subparagraph (B) has been reached or the date on which 
                the County requests a postponement under paragraph (3), 
                the Secretary shall offer for sale the parcels of 
                eligible land jointly selected under subsection (b).
                    (B) Limitation.--The total acreage of eligible land 
                sold under this title shall consist of not more than 
                150,000 acres of eligible land.
            (2) Deadline for exchanges.--Except as provided in 
        paragraph (3), not later than 1 year after the date on which 
        the Management Priority Areas are identified under subsection 
        (d)(4)(A), and not less frequently than once per year 
        thereafter until the date on which all of the parcels of 
        eligible land have been disposed of or the date on which the 
        County requests a postponement under paragraph (3), the 
        Secretary shall offer for exchange the parcels of eligible land 
        jointly selected under subsection (b).
            (3) Postponement; exclusion for sale or exchange.--
                    (A) Request by county for postponement or 
                exclusion.--At the request of the County, the Secretary 
                shall postpone or exclude from a sale or exchange all 
                or a portion of the eligible land jointly selected 
                under subsection (b).
                    (B) Indefinite postponement.--Unless specifically 
                requested by the County, a postponement under 
                subparagraph (A) shall not be indefinite.
                    (C) Postponement or exclusion by the secretary.--
                The Secretary may postpone or exclude from a sale or 
                exchange all or a portion of the eligible land jointly 
                selected under subsection (b) for emergency ecological 
                or safety reasons.

SEC. 104. DISPOSITION OF PROCEEDS.

    (a) Disposition of Proceeds.--Of the proceeds from the sale of land 
under section 103 or 201--
            (1) 5 percent shall be disbursed to the State for use in 
        the general education program of the State;
            (2) 10 percent shall be disbursed to the County for use as 
        determined through normal County budgeting procedures; and
            (3) the remainder shall be deposited in a special account 
        in the Treasury of the United States, to be known as the 
        ``Pershing County Special Account'', which shall be available 
        to the Secretary, in consultation with the County, for--
                    (A) the reimbursement of costs incurred by the 
                Department of the Interior in preparing for the sale or 
                exchange of the eligible land, 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) the conduct of wildlife habitat conservation 
                and restoration projects, including projects that 
                benefit the greater sage-grouse in the County;
                    (C) a project or activity carried out in the County 
                to address drought conditions;
                    (D) the implementation of wildfire presuppression 
                and restoration projects in the County;
                    (E) the acquisition of environmentally sensitive 
                land or interests in environmentally sensitive land in 
                the County;
                    (F) projects that secure public access to Federal 
                land for hunting, fishing, and other recreational 
                purposes through easements or rights-of-way in the 
                County; and
                    (G) the conduct of any surveys related to the 
                designation of the wilderness areas under title III.
    (b) Investment of Special Account.--Any amounts deposited in the 
special account established under subsection (a)(3)--
            (1) shall earn interest in an amount determined by the 
        Secretary of the Treasury, based on the current average market 
        yield on outstanding marketable obligations of the United 
        States of comparable maturities; and
            (2) may be expended by the Secretary in accordance with 
        this section.
    (c) Reports.--
            (1) In general.--Beginning with fiscal year 2020, and once 
        every 5 fiscal years thereafter, not later than 60 days after 
        the last day of the preceding fiscal year, the Secretary shall 
        submit to the State, the County, and the appropriate committees 
        of Congress a report on the operation of the special account 
        established under subsection (a)(3) for the preceding 5 fiscal 
        years.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the fiscal year covered by the report--
                    (A) a statement of the amounts deposited into the 
                special account;
                    (B) a description of the expenditures made from the 
                special account for the fiscal year, including the 
                purpose of the expenditures;
                    (C) recommendations for additional authorities to 
                fulfill the purpose of the special account; and
                    (D) a statement of the balance remaining in the 
                special account at the end of the fiscal year.

                TITLE II--LAND CONVEYANCES AND TRANSFERS

SEC. 201. CONVEYANCES OF COVERED LAND.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means any 
        Federal land or interest in Federal land in the County 
        identified on the Map as ``Covered Land''.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Pershing County Land Conveyances and Transfers'' and dated 
        February 9, 2017.
            (3) Qualified entity.--The term ``qualified entity'' means, 
        with respect to a portion of covered land--
                    (A) the owner of the mining claims, millsites, or 
                tunnel sites on a portion of the covered land on the 
                date of enactment of this Act;
                    (B) the lessee, or other successor in interest of 
                the owner--
                            (i) with the right of possession of the 
                        mining claims, millsites, or tunnel sites on 
                        the covered land;
                            (ii) that has paid (or whose agent has 
                        paid) the annual claim maintenance fee or filed 
                        a maintenance fee waiver on or before September 
                        1, 2016, with the authority or consent of the 
                        owner, for the upcoming assessment year for the 
                        mining claims, millsites, or tunnel sites 
                        within the exterior boundary of the portion of 
                        covered land, as determined based on the claim 
                        maintenance fee records of the Bureau of Land 
                        Management as of the date of introduction of 
                        this Act; and
                            (iii) that has the authority or consent of 
                        the owner to acquire the portion of covered 
                        land; or
                    (C) a subsequent successor to the interest of a 
                qualified entity in the covered land that has the 
                authority or consent of the owner to acquire the 
                portion of covered land.
    (b) Land Conveyances.--
            (1) In general.--Subject to paragraph (3), notwithstanding 
        the inventory and land use planning requirements of sections 
        201 and 202 or the sales provisions of section 203 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 
        1712, 1713), not later than 180 days after the date of 
        enactment of this Act and subject to valid existing rights held 
        by third parties and any mining claims, millsite, or tunnel 
        site of a qualified entity applicable to the covered land, the 
        Secretary shall offer for sale to qualified entities, for fair 
        market value, the remaining right, title, and interest of the 
        United States in and to the covered land.
            (2) Conveyance.--Not later than 1 year after the date of 
        the acceptance of an offer under paragraph (1) by a qualified 
        entity and completion of a sale for all or part of the covered 
        land to a qualified entity, the Secretary, by delivery of an 
        appropriate deed, patent, or other valid instrument of 
        conveyance, shall convey to the qualified entity, all remaining 
        right, title, and interest of the United States in and to the 
        applicable portion of the covered land.
            (3) Merger.--Subject to valid existing rights held by third 
        parties, on delivery of the instrument of conveyance to the 
        qualified entity under paragraph (2), any prior interests in 
        the locatable minerals and the right to use the surface for 
        mineral purposes held by the qualified entity under a mining 
        claim, millsite, tunnel site, or any other Federal land use 
        authorization applicable to the covered land conveyed to the 
        qualified entity shall merge with all right, title, and 
        interest conveyed to the qualified entity by the United States 
        under this section to ensure that the qualified entity receives 
        fee simple title to the purchased covered land.
            (4) Appraisal to determine fair market value.--The 
        Secretary shall determine the fair market value of the covered 
        land to be conveyed under this subsection in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
            (5) Costs.--As a condition of the conveyance of the covered 
        land under this section, the qualified entity shall pay all 
        costs related to the conveyance of the covered land conveyed, 
        including the costs of surveys and other administrative costs 
        associated with the conveyance.
            (6) Availability of map.--The Map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management.
            (7) Minor corrections.--The Secretary, in consultation with 
        the County, may correct minor errors in the Map or a 
        description of the covered land.
    (c) Disposition of Proceeds.--Any amounts collected under this 
section shall be disposed of in accordance with section 104.
    (d) Termination.--The authority of the Secretary to sell covered 
land under this section shall terminate on the date that is 10 years 
after the date of enactment of this Act.

SEC. 202. CONVEYANCE OF LAND FOR USE AS A PUBLIC CEMETERY.

    (a) In General.--The Secretary shall convey to the County, without 
consideration, the Federal land described in subsection (b).
    (b) Description of Federal Land.--The Federal land referred to in 
subsection (a) is the approximately 10 acres of land depicted as 
``Unionville Cemetery'' on the Map.
    (c) Use of Conveyed Land.--The Federal land conveyed under 
subsection (a) shall be used by the County as a public cemetery.

                      TITLE III--WILDERNESS AREAS

SEC. 301. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following parcels of Federal land in the State are 
designated as wilderness and as components of the National Wilderness 
Preservation System:
            (1) Cain mountain wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        12,339 acres, as generally depicted on the map entitled 
        ``Proposed Cain Mountain Wilderness'' and dated February 9, 
        2017, which shall be known as the ``Cain Mountain Wilderness''.
            (2) Bluewing wilderness.--Certain Federal land managed by 
        the Bureau of Land Management, comprising approximately 24,900 
        acres, as generally depicted on the map entitled ``Proposed 
        Bluewing Wilderness'' and dated February 9, 2017, which shall 
        be known as the ``Bluewing Wilderness''.
            (3) Selenite peak wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        22,822 acres, as generally depicted on the map entitled 
        ``Proposed Selenite Peak Wilderness'' and dated February 9, 
        2017, which shall be known as the ``Selenite Peak Wilderness''.
            (4) Mount limbo wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        11,855 acres, as generally depicted on the map entitled 
        ``Proposed Mt. Limbo Wilderness'' and dated February 9, 2017, 
        which shall be known as the ``Mount Limbo Wilderness''.
            (5) North sahwave wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        13,875 acres, as generally depicted on the map entitled 
        ``Proposed North Sahwave Wilderness'' and dated February 9, 
        2017, which shall be known as the ``North Sahwave Wilderness''.
            (6) Grandfathers' wilderness.--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        35,339 acres, as generally depicted on the map entitled 
        ``Proposed Grandfathers' Wilderness'' and dated February 9, 
        2017, which shall be known as the ``Grandfathers' Wilderness''.
            (7) Fencemaker wilderness.--Certain Federal land managed by 
        the Bureau of Land Management, comprising approximately 14,942 
        acres, as generally depicted on the map entitled ``Proposed 
        Fencemaker Wilderness'' and dated February 9, 2017, which shall 
        be known as the ``Fencemaker Wilderness''.
    (b) Boundary.--The boundary of any portion of a wilderness area 
that is bordered by a road shall be 100 feet from the centerline of the 
road.
    (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.
            (2) Effect.--Each 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 may correct 
        clerical and typographical errors in the map or legal 
        description.
            (3) Availability.--Each 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.
            (4) Withdrawal.--Subject to valid existing rights, the 
        wilderness areas designated by subsection (a) are withdrawn 
        from--
                    (A) all forms of entry, appropriation, and 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.

SEC. 302. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the wilderness 
areas 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.
    (b) Livestock.--The grazing of livestock in the wilderness areas, 
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--
            (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 boundary of a wilderness area 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.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the wilderness areas to create protective 
        perimeters or buffer zones around the wilderness areas.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within a 
        wilderness area shall not preclude the conduct of those 
        activities or uses outside the boundary of the wilderness area.
    (e) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, 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.
    (f) 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 such measures in the wilderness areas as are 
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).
    (g) Climatological 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 may prescribe, the Secretary may authorize 
the installation and maintenance of hydrologic, meteorologic, or 
climatological data collection devices in the wilderness areas if the 
Secretary determines that the facilities and access to the facilities 
are essential to flood warning, flood control, or water reservoir 
operation activities.
    (h) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the wilderness areas are 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 areas are generally not suitable 
                for use or development of new water resource 
                facilities; and
                    (C) because of the unique nature of the wilderness 
                areas, 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 wilderness areas 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 areas;
                    (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 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.
            (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 and after 
                the date of the enactment of this Act, neither the 
                President nor any other officer, employee, or agent of 
                the United States shall fund, assist, authorize, or 
                issue a license or permit for the development of any 
                new water resource facility within the wilderness 
                areas.
    (i) Temporary Telecommunications Device.--
            (1) In general.--Nothing in this Act prevents the placement 
        of a temporary telecommunications device for law enforcement or 
        agency administrative purposes in the Selenite Peak Wilderness 
        in accordance with paragraph (2).
            (2) Additional requirements.--Any temporary 
        telecommunications device authorized by the Secretary under 
        paragraph (1) shall--
                    (A) be carried out in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) all other applicable laws (including 
                        regulations);
                    (B) to the maximum practicable, be located in such 
                a manner as to minimize impacts on the recreational and 
                other wilderness values of the area; and
                    (C) be for a period of not longer than 7 years.

SEC. 303. 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 areas.
    (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 any management activities in the wilderness areas 
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) 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 noxious weed 
                treatment and the occasional and temporary use of 
                motorized vehicles 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.
    (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 
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, specifically sage-grouse, in the wilderness 
areas.
    (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 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 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.
            (2) Consultation.--Except in emergencies, the Secretary 
        shall consult with the appropriate State agency and notify the 
        public before taking any action 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--
                    (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 (including 
                regulations).
            (2) References; clark county.--For the purposes of this 
        subsection, any references to Clark County in the cooperative 
        agreement described in paragraph (1)(A) shall be considered to 
        be a reference to the wilderness areas.

SEC. 304. RELEASE OF WILDERNESS STUDY AREAS.

    (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 approximately 48,600 acres of public land in the portions 
of the China Mountain, Mt. Limbo, Selenite Mountains, and Tobin Range 
wilderness study areas that have not been designated as wilderness by 
section 301(a) and the portion of the Augusta Mountains wilderness 
study area within the County that has not been designated as wilderness 
by section 301(a) have been adequately studied for wilderness 
designation.
    (b) Release.--The public land described in subsection (a)--
            (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 the applicable land 
        use plans adopted under section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712).

SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    (a) In General.--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)).
    (b) Cultural Uses.--Nothing in this title precludes the traditional 
collection of pine nuts in a wilderness area for personal, 
noncommercial use consistent with the Wilderness Act (16 U.S.C. 1131 et 
seq.).
                                 <all>