[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1411 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1411

To provide for the conveyance of certain Federal land to Lander County, 
Nevada, to designate certain wilderness areas in Lander County, Nevada, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2021

 Ms. Rosen (for herself and Ms. Cortez Masto) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the conveyance of certain Federal land to Lander County, 
Nevada, to designate certain wilderness areas in Lander 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 ``Lander County Land 
Management and Conservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Conveyances to Lander County, Nevada.
                TITLE II--LANDER COUNTY WILDERNESS AREAS

Sec. 201. Definitions.
Sec. 202. Designation of wilderness areas.
Sec. 203. Administration.
Sec. 204. Wildlife management.
Sec. 205. Release of wilderness study areas.
Sec. 206. Native American cultural and religious uses.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Lander County, 
        Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Nevada.

                TITLE I--LANDER COUNTY LAND CONVEYANCES

SEC. 101. FINDINGS.

    Congress finds that--
            (1) wildland fires pose a threat to public and private 
        natural resources in the County;
            (2) expanding and improving the airports in the County 
        through the inclusion of available adjacent land would support 
        firefighting capabilities in the County;
            (3) the protection, development, and use of water resources 
        in the County play a key role in major economic activities for 
        the County, including--
                    (A) commercial development;
                    (B) mining;
                    (C) agriculture;
                    (D) tourism;
                    (E) recreational activity; and
                    (F) conservation; and
            (4) recreational and public park opportunities in the 
        County could be substantially enhanced through expansion of the 
        park system in the County.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Map.--The term ``Map'' means the map entitled ``Lander 
        County Selected Lands'' and dated August 4, 2020.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary, with respect to land under the 
                jurisdiction of the Secretary; and
                    (B) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                National Forest System land.

SEC. 103. CONVEYANCES TO LANDER COUNTY, NEVADA.

    (a) Conveyance for Watershed Protection, Recreation, and Parks.--
Notwithstanding the land use planning requirements of sections 202 and 
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712, 1713), not later than 60 days after the date on which the County 
identifies the parcels of Federal land selected by the County for 
conveyance to the County from among the parcels identified on the Map 
as ``Lander County Parcels BLM and USFS'', the Secretary concerned 
shall convey to the County, subject to valid existing rights and for no 
consideration, all right, title, and interest of the United States in 
and to the identified parcels of Federal land (including mineral 
rights) for use by the County for watershed protection, recreation, and 
parks.
    (b) Conveyance for Airport Facility.--
            (1) In general.--Notwithstanding the land use planning 
        requirements of sections 202 and 203 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712, 1713), the 
        Secretary shall convey to the County, subject to valid existing 
        rights, including mineral rights, all right, title, and 
        interest of the United States in and to the parcels of Federal 
        land identified on the Map as ``Kingston Airport'' for the 
        purpose of improving the relevant airport facility and related 
        infrastructure.
            (2) Costs.--The only costs for the conveyance to be paid by 
        the County under paragraph (1) shall be the survey costs 
        relating to the conveyance.
    (c) Survey.--The exact acreage and legal description of any parcel 
of Federal land to be conveyed under subsection (a) or (b) shall be 
determined by a survey satisfactory to the Secretary concerned and the 
County.
    (d) Reversionary Clause Required.--A conveyance of Federal land 
under subsection (a) or (b) shall include a reversionary clause to 
ensure that management of the Federal land conveyed under the 
applicable subsection shall revert to the Secretary concerned if the 
Federal land is no longer being managed in accordance with the 
applicable subsection.
    (e) Map, Acreage Estimates, and Legal Descriptions.--
            (1) Minor errors.--The Secretary concerned and the County 
        may, by mutual agreement--
                    (A) make minor boundary adjustments to the parcels 
                of Federal land to be conveyed under subsection (a) or 
                (b); and
                    (B) correct any minor errors in--
                            (i) the Map; or
                            (ii) an acreage estimate or legal 
                        description of any parcel of Federal land 
                        conveyed under subsection (a) or (b).
            (2) Conflict.--If there is a conflict between the Map, an 
        acreage estimate, or a legal description of Federal land 
        conveyed under subsection (a) or (b), the Map shall control 
        unless the Secretary concerned and the County mutually agree 
        otherwise.
            (3) Availability.--The Secretary shall make the Map 
        available for public inspection in--
                    (A) the Office of the Nevada State Director of the 
                Bureau of Land Management; and
                    (B) the Bureau of Land Management Battle Mountain 
                Field Office.

                TITLE II--LANDER COUNTY WILDERNESS AREAS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Map.--The term ``Map'' means the map entitled ``Lander 
        County Wilderness Areas Proposal'' and dated April 19, 2021.
            (2) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 202(a).

SEC. 202. DESIGNATION OF WILDERNESS AREAS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following land in the State is designated as 
wilderness and as components of the National Wilderness Preservation 
System:
            (1) Cain mountain wilderness.--Certain Federal land managed 
        by the Director of the Bureau of Land Management, comprising 
        approximately 6,386 acres, as generally depicted as ``Cain 
        Mountain Wilderness'' on the Map, which shall be known as the 
        ``Cain Mountain Wilderness''.
            (2) Desatoya mountains wilderness.--Certain Federal land 
        managed by the Director of the Bureau of Land Management, 
        comprising approximately 7,766 acres, as generally depicted as 
        ``Desatoya Mountains Wilderness'' on the Map, which shall be 
        known as the ``Desatoya Mountains 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 with, and make 
        available for inspection in, the appropriate offices of the 
        Bureau of Land Management, 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 title, except that the Secretary may correct 
        clerical and typographical errors in the map or legal 
        description.
    (d) Withdrawal.--Subject to valid existing rights, the wilderness 
areas are withdrawn from--
            (1) all forms of entry, appropriation, and 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. 203. 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 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 or 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 
                the land in ways different from the methods used in 
                other laws.
            (2) Purpose.--The purpose of this subsection is to protect 
        the wilderness values of the wilderness areas by means other 
        than a federally reserved water right.
            (3) Statutory construction.--
                    (A) No reservation.--Nothing in this title 
                constitutes an express or implied reservation by the 
                United States of any water or water rights with respect 
                to the wilderness areas.
                    (B) State rights.--Nothing in this title 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) No precedent.--Nothing in this title 
                establishes a precedent with regard to any future 
                wilderness designations.
                    (D) No effect on other designations.--Nothing in 
                this title affects the interpretation of, or any 
                designation made under, any other Act.
                    (E) No effect on compacts.--Nothing in this title 
                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--
                                    (I) an irrigation or pumping 
                                facility;
                                    (II) a reservoir;
                                    (III) a water conservation works;
                                    (IV) an aqueduct, canal, ditch, 
                                pipeline, well, hydropower project, or 
                                transmission or other ancillary 
                                facility; and
                                    (V) any other water diversion, 
                                conservation, storage, or carriage 
                                structure.
                            (ii) Exclusion.--In this paragraph, the 
                        term ``water resource facility'' does not 
                        include wildlife guzzlers.
                    (B) No licenses or permits.--Except as otherwise 
                provided in this title, on and 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 the wilderness areas.

SEC. 204. 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 would, 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 County.

SEC. 205. 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 following public land has been adequately studied for 
wilderness designation:
            (1) The approximately 10,777 acres of the Augusta Mountain 
        Wilderness Study Area within the County that has not been 
        designated as wilderness by section 202(a).
            (2) The approximately 1,088 acres of the Desatoya 
        Wilderness Study Area within the County that has not been 
        designated as wilderness by section 202(a).
    (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. 206. 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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