[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2804

 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

                            November 6, 2019

 Ms. Cortez Masto (for herself and Ms. Rosen) 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. Sale of encumbered land.
Sec. 105. Disposition of proceeds.
Sec. 106. Conveyance of land for use as a public cemetery.
                       TITLE II--WILDERNESS AREAS

Sec. 201. Additions to the National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Wildlife management.
Sec. 204. Release of wilderness study areas.
Sec. 205. 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 201(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 the County government, 
        private landholders in the County, 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 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 any 
        land administered by the Director of the Bureau of Land 
        Management--
                    (A) 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) that is not encumbered land.
            (2) Encumbered land.--The term ``encumbered land'' means 
        any land administered by the Director of the Bureau of Land 
        Management within the area identified on the Map as 
        ``Checkerboard Lands Resolution Area'' that is encumbered by 
        mining claims, millsites, or tunnel sites.
            (3) Map.--The term ``Map'' means the map prepared under 
        section 103(b)(1).
            (4) Qualified entity.--The term ``qualified entity'' means, 
        with respect to a portion of encumbered land--
                    (A) the owner of a mining claim, millsite, or 
                tunnel site located on a portion of the encumbered land 
                on the date of enactment of this Act; and
                    (B) a successor in interest of an owner described 
                in subparagraph (A).

SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND.

    (a) Authorization of Conveyance.--Notwithstanding sections 202, 
203, 206, and 209 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712, 1713, 1716, 1719), as soon as practicable after the 
date of enactment of this Act, the Secretary, 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) Map.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map that 
        depicts the boundaries of the land identified for disposal 
        under this title, to be identified as the ``Checkerboard Lands 
        Resolution Area'' on the Map.
            (2) Minor corrections.--The Secretary, in consultation with 
        the County, may correct minor errors in the Map.
    (c) Joint Selection Required.--After providing public notice, the 
Secretary and the County shall jointly select parcels of eligible land 
to be offered for sale or exchange under subsection (a).
    (d) Method of Sale.--A sale of eligible land under subsection (a) 
shall be--
            (1) consistent with subsections (d) and (f) of section 203 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1713);
            (2) conducted through a competitive bidding process, under 
        which adjoining landowners are offered the first option, unless 
        the Secretary determines there are suitable and qualified 
        buyers that are not adjoining landowners; and
            (3) for not less than fair market value, based on an 
        appraisal in accordance with the Uniform Standards of 
        Professional Appraisal Practice and this Act.
    (e) Land Exchanges.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act and subject to the joint selection 
        requirements under subsection (c), the Secretary shall offer to 
        exchange all eligible land under this section for private land.
            (2) Adjacent land.--To the extent practicable, the 
        Secretary shall seek to enter into agreements with one or more 
        owners of private land adjacent to the eligible land for the 
        exchange of the private land for the eligible land, if the 
        Secretary determines that the exchange would consolidate 
        Federal land ownership and facilitate improved Federal land 
        management.
            (3) Priority land exchanges.--In acquiring private land 
        under this subsection, the Secretary shall give priority to the 
        acquisition of private land in higher-value natural resource 
        areas in the County.
    (f) Mass Appraisals.--
            (1) In general.--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 eligible land to be 
                sold or exchanged under this section;
                    (B) prepare an evaluation analysis for each land 
                transaction under this section; and
                    (C) make available to the public the results of the 
                mass appraisals conducted under subparagraph (A).
            (2) Use.--The Secretary may use mass appraisals and 
        evaluation analyses conducted under paragraph (1) to facilitate 
        exchanges of eligible land for private land.
    (g) Deadline for Sale or Exchange; Exclusions.--
            (1) Deadline.--Not later than 90 days after the date on 
        which the eligible land is jointly selected under subsection 
        (c), the Secretary shall offer for sale or exchange the parcels 
        of eligible land jointly selected under that subsection.
            (2) Postponement or exclusion.--The Secretary or the County 
        may postpone, or exclude from, a sale or exchange of all or a 
        portion of the eligible land jointly selected under subsection 
        (c) for emergency ecological or safety reasons.
    (h) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        mining claims, millsites, and tunnel sites, effective on the 
        date on which a parcel of eligible land is jointly selected 
        under subsection (c) for sale or exchange, 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 section; or
                    (B) with respect to any parcel of eligible land 
                selected for sale or exchange under subsection (c) 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 section.

SEC. 104. SALE OF ENCUMBERED LAND.

    (a) Authorization of Conveyance.--Notwithstanding sections 202, 
203, 206, and 209 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712, 1713, 1716, 1719), not later than 90 days after the 
date of enactment of this Act and subject to valid existing rights held 
by third parties, the Secretary shall offer to convey to qualified 
entities, for fair market value, the remaining right, title, and 
interest of the United States, in and to the encumbered land.
    (b) Costs of Sales to Qualified Entities.--As a condition of each 
conveyance of encumbered land under this section, the qualified entity 
shall pay all costs related to the conveyance of the encumbered land, 
including the costs of surveys and other administrative costs 
associated with the conveyance.
    (c) Offer To Convey.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary receives a fair market offer from a 
        qualified entity for the conveyance of encumbered land, the 
        Secretary shall accept the fair market value offer.
            (2) Appraisal.--Fair market value of the interest of the 
        United States in and to encumbered land shall be determined by 
        an appraisal conducted in accordance with the Uniform Standards 
        of Professional Appraisal Practice.
    (d) Conveyance.--Not later than 180 days after the date of 
acceptance by the Secretary of an offer from a qualified entity under 
subsection (c)(1) and completion of a sale for all or part of the 
applicable portion of encumbered land to the 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 encumbered land.
    (e) Merger.--Subject to valid existing rights held by third 
parties, on delivery of the instrument of conveyance to the qualified 
entity under subsection (d), the 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 encumbered 
land included in the instrument of conveyance, 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 encumbered land.

SEC. 105. DISPOSITION OF PROCEEDS.

    (a) Disposition of Proceeds.--Of the proceeds from the sale of land 
under this title--
            (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 acquisition of land from willing sellers 
                (including interests in land) in the County--
                            (i) within a wilderness area;
                            (ii) that protects other environmentally 
                        significant land;
                            (iii) that secures public access to Federal 
                        land for hunting, fishing, and other 
                        recreational purposes; or
                            (iv) that improves management of Federal 
                        land within the area identified on the Map as 
                        ``Checkerboard Lands Resolution Area''; and
                    (B) the reimbursement of costs incurred by the 
                Secretary in preparing for the sale or exchange of land 
                under this title.
    (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.--Not later than September 30 of the fifth 
        fiscal year after the date of enactment of this Act, and every 
        5 fiscal years thereafter, 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.

SEC. 106. 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 II--WILDERNESS AREAS

SEC. 201. 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. 202. 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 with respect to 
the wilderness areas--
            (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 title 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 title--
                    (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 title 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. 203. WILDLIFE MANAGEMENT.

    (a) In General.--In accordance with section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects 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.--In accordance 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.
    (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. 204. 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 201(a) and the portion of the Augusta Mountains wilderness 
study area within the County that has not been designated as wilderness 
by section 201(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. 205. 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.).
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