[Congressional Record Volume 148, Number 76 (Tuesday, June 11, 2002)]
[Senate]
[Pages S5367-S5385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN:
  S. 2607. A bill to authorize the Secretary of the Interior and the 
Secretary of Agriculture to collect recreation fees on Federal lands, 
and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing legislation to 
authorize the Federal land management agencies, the National Park 
Service, U.S. Fish and Wildlife Service, Bureau of Land Management and 
Forest Service, to collect visitor recreation fees, and to use the 
proceeds from the fees to continue to fund high priority resource 
protection and maintenance backlog needs.
  Following enactment of the Recreation Fee Demonstration Program in 
1996, the Federal agencies have been authorized to experiment with 
various fee collection proposals. That program also authorized the 
Federal agencies, for the first time, to retain all of the fee revenues 
and to use those funds, without the need for further appropriation, on 
maintenance backlog and other funding needs.
  The Recreation Fee Demonstration Program has been extended each year, 
most recently through September 30, 2004. For the most part, the fee 
demonstration program has been very successful. However, unlike the 
previous fee authority in the Land and Water Conservation Fund Act, the 
fee demonstration program contained no guidance to the agencies or 
limitations on the types of fees that could be collected. As a result, 
the program has generated some controversy, especially with respect to 
certain Forest Service and Bureau of Land Management lands where fees 
had not historically been charged.
  The bill I am introducing today builds upon the positive results from 
the Recreation Fee Demonstration Program, while including new criteria 
to ensure that fees are not imposed inappropriately. The bill provides 
the Secretary of the Interior and the Secretary of Agriculture with 
considerable discretion to administer the program while ensuring that 
recreational access to Federal lands remains available to all 
Americans. Most importantly, the bill maintains the existing 
requirement that a majority of the fees be retained for expenditure at 
the site where collected.
  I believe there is strong support for enacting permanent fee 
authority. The Committee on Energy and Natural Resources will hold a 
hearing on this bill on June 19, and I hope it will be ready for 
consideration by the full Senate in the near future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2607

       Be it enacted in the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S5368]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Lands Recreation Fee 
     Authority Act''.

     SEC. 2. RECREATION FEES ON FEDERAL LANDS.

       (a) General Authority.--Except as provided in subsection 
     (b):
       (1) The Secretary of the Interior is authorized to collect 
     recreation fees, including entrance and use fees, on the 
     following lands administered by the Secretary:
       (A) Units of the National Park System;
       (B) Units of the National Wildlife Refuge System; and
       (C) National monuments and national conservation areas 
     administered by the Bureau of Land Management.
       (2) The Secretary of Agriculture is authorized to collect 
     recreation fees, including entrance and use fees, on the 
     following National Forest System lands administered by the 
     Secretary:
       (A) National monuments;
       (B) National volcanic monuments;
       (C) National scenic areas; and
       (D) National recreation areas.
       (3) The Secretary of the Interior, with respect to lands 
     administered by the Bureau of Land Management, and the 
     Secretary of Agriculture, with respect to National Forest 
     System lands, is also authorized to collect fees at areas not 
     described in paragraphs (1) and (2) if--
       (A) such area is managed primarily for outdoor recreation 
     purposes and contains at least one major recreation 
     attraction;
       (B) such area has had substantial Federal investments, as 
     determined by the appropriate Secretary, in--
       (i) providing facilities or services to the public; or
       (ii) restoring resource degradation caused by public use; 
     and
       (C) public access to the area is provided in such a manner 
     that entrance fees can be efficiently collected at one or 
     more centralized locations.
       (5) The Secretary of the Interior or the Secretary of 
     Agriculture, as appropriate, may reduce or waive any fee 
     authorized under this Act, as appropriate.
       (6) For each unit or area collecting an entrance fee, the 
     appropriate Secretary shall establish at least one day each 
     year during periods of high visitation as a ``Fee Free Day'' 
     when no entrance fee shall be charged.
       (7) No recreation fees of any kind shall be imposed or 
     collected for outdoor recreation purposes on Federal lands 
     under the jurisdiction of the Secretary of the Interior or 
     the Secretary of Agriculture, except as provided in this Act.
       (b) Prohibition on Fees.--(1) No recreation fees shall be 
     charged under this Act--
       (A) for travel by private, noncommercial vehicle over any 
     national parkway or any road or highway established as a part 
     of the National Federal Aid System, as defined in section 101 
     of title 23, United States Code, which is commonly used by 
     the public as a means of travel between two places, either or 
     both of which are outside of the fee area;
       (B) for travel by private, noncommercial vehicle over any 
     road or highway to any land in which a person has any 
     property right if such land is within the unit or area at 
     which recreation fees are charged;
       (C) for any person who has a right of access for hunting or 
     fishing privileges under a specific provision of law or 
     treaty; or
       (D for any person who is engaged in the conduct of official 
     business within the unit or area at which recreation fees are 
     charged.
       (2) Entrance fees shall not be charged--
       (A) for any person under 16 years of age;
       (B) for admission of organized school groups or outings 
     conducted for education purposes by schools or other bona 
     fide educational institutions;
       (C) for any area containing deed restrictions on charging 
     fees;
       (D) for any person entering a national wildlife refuge who 
     is the holder of a valid migratory bird hunting and 
     conservation stamp issued under section 2 of the Act of March 
     16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp 
     Act);
       (E) for any person holding a valid Golden Eagle Passport, 
     Golden Age Passport, Golden Access Passport, or for entrance 
     to units of the National Park System, a National Parks 
     Passport; and
       (F) at the following areas administered by the National 
     Park Service:
       (i) U.S.S. Arizona Memorial;
       (ii) Independence National Historical Park;
       (iii) any unit of the National Park System within the 
     District of Columbia or the Arlington House--Robert E. Lee 
     National Memorial in Virginia; and
       (iv) any unit of the National Park System located in 
     Alaska, with the exception of Denali National Park and 
     Preserve (notwithstanding section 203 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 410hh-2)); and
       (G) in Smoky Mountains National Park, unless entrance fees 
     are charged on main highways and thoroughfares, no fees shall 
     be charged for entrance on other routes into the park, or any 
     part thereof.
       (c) Fee Considerations.--(1) Recreation fees charged by the 
     Secretary of the Interior or the Secretary of Agriculture 
     shall be fair and equitable, taking into consideration--
       (A) the direct and indirect cost to the Federal agency 
     involved;
       (B) the benefits and services provided to the visitor;
       (C) the public policy and management objectives served;
       (D) costs to the visitor;
       (E) the effect of multiple fees charged within the same 
     area;
       (F) fees charged at comparable sites by other public 
     agencies; and
       (G) the economic and administrative feasibility of fee 
     collection at the site.
       (2) The Secretary of the Interior and the Secretary of 
     Agriculture shall work cooperatively to ensure that 
     comparable fees and services are established on Federal lands 
     under each Secretary's jurisdiction, and that guidelines for 
     assessing the type and amount of recreation fees are 
     consistent between areas under each Secretary's jurisdiction.
       (3) The Secretary of the Interior and the Secretary of 
     Agriculture shall, to the extent practicable, seek to 
     minimize multiple fees within specific units or areas.
       (d) Recreation Use Fees.--(1) The Secretary of the Interior 
     and the Secretary of Agriculture may provide for the 
     collection of recreation use fees where the Federal agency 
     develops, administers, provides, or furnishes at Federal 
     expense, specialized outdoor recreation sites, facilities, 
     equipment, or services.
       (2) As used in this subsection, the term ``specialized 
     outdoor recreation sites, facilities, equipment, or 
     services'' includes--
       (A) a developed campground;
       (B) a swimming site;
       (C) a boat launch facility;
       (D) a managed parking lot;
       (E) facility or equipment rental;
       (F) an enhanced interpretive program;
       (G) a reservation service; or
       (H) a transportation service.
       (3) Recreation use fees may not be charged for--
       (A) general access to an area;
       (B) access to a visitor center;
       (C) a dispersed area with little or no Federal investment;
       (D) a scenic overlook or wayside;
       (E) drinking fountains or restrooms;
       (F) undeveloped parking;
       (G) picnic tables (when not part of a developed campground 
     or recreation area);
       (H) special attention or extra services necessary to meet 
     the needs of the disabled; or
       (I) any nonrecreational activity authorized under a valid 
     permit issued under any other Act.
       (e) Special Recreation Permit Fee.--The Secretary of the 
     Interior or the Secretary of Agriculture may require a 
     special recreation permit and may charge a special recreation 
     permit fee for recreation use involving a group activity, a 
     commercial tour, a commercial aircraft tour, a recreation 
     event, use by a motorized recreation vehicle, a competitive 
     event, and an activity where a permit is required to ensure 
     resource protection or public safety.

     SEC. 3. ANNUAL PASSES.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of Agriculture shall jointly establish procedures 
     for the issuance of, and make available the following passes:
       (1) Golden eagle passport.--An annual admission permit, to 
     be known as the ``Golden Eagle Passport'', to be valid for a 
     period of one year for admission into any unit or area 
     collecting an entrance fee under this Act.
       (2) Golden age passport.--A lifetime admission permit to 
     any citizen of, or person domiciled in the United States 
     sixty-two years of age or older, entitling the permittee to 
     admission into any unit or area collecting an entrance fee 
     under this Act.
       (3) Golden access passport.--A lifetime admission permit to 
     any citizen of, or person domiciled in the United States who 
     is blind or permanently disabled, to be issued without cost.
       (4) Other passes.--The Secretary of the Interior and the 
     Secretary of Agriculture may develop such other annual, 
     regional or site-specific passes as they deem appropriate.
       (b) Terms and Conditions.--
       (1) Unless determined otherwise by the Secretary of the 
     Interior and the Secretary of Agriculture, the passes 
     authorized under this section shall be issued under the same 
     terms and conditions as existed for such passes as of the 
     date of enactment of this Act.
       (2) The Secretaries shall develop such terms and conditions 
     for the passes authorized in this section as they deem 
     necessary.
       (c) National Park Passport.--Nothing in this Act affects 
     the authority of the Secretary of the Interior to issue 
     national park passports, as authorized in title VI of the 
     National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 
     et seq.).

     SEC. 4. ADMINISTRATION.

       (a) In General.--The Secretary of the Interior and the 
     Secretary of Agriculture shall establish guidelines 
     identifying the process by which the agencies under each 
     Secretary's jurisdiction shall establish and change the 
     amounts charged for any recreation fee, including entrance 
     fees, recreation use fees, or special recreation permit fees 
     collected under this Act. Such guidelines shall require that 
     the agencies coordinate with each other, to the extent 
     practicable, when establishing or changing fees.
       (b) Notice.--The Secretary of the Interior or the Secretary 
     of Agriculture, as appropriate, shall post clear notice of 
     any entrance fee and available passes at appropriate 
     locations within each area where a recreation fee is charged. 
     Notice shall also be included in publications distributed at 
     the unit or area where the fee is collected. The Secretaries 
     shall jointly take such actions as may be necessary to 
     provide information to the public on all available passes 
     authorized by this Act.

[[Page S5369]]

       (c) Notice of Recreation Fee Projects.--The Secretary of 
     the Interior and the Secretary of Agriculture shall, to the 
     extent practicable, post clear notice of where work is being 
     done using fee revenues collected under this Act.
       (d) Fee Management Agreements.--Notwithstanding the Federal 
     Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 
     et seq.), the Secretary of the Interior and the Secretary of 
     Agriculture may enter into fee management agreements, that 
     provide for reasonable commissions or reimbursements, with 
     any governmental or nongovernmental entities to provide fee 
     collection and processing services, including visitor 
     reservation services.
       (e) Volunteers.--The Secretary of the Interior and the 
     Secretary of Agriculture may use volunteers, as appropriate, 
     to collect fees and sell passes authorized by this Act.

     SEC. 5. EXPENDITURE OF FEES.

       (a) Special Account.--The Secretary of the Treasury shall 
     establish a separate special account in the Treasury for each 
     Federal agency collecting recreation fees under this Act. 
     Amounts collected by each agency under this Act shall be 
     deposited into its special account in the Treasury, and shall 
     be available for expenditure by the appropriate agency, 
     without further appropriation, to remain available until 
     expended.
       (b) Distribution.--(1) Eighty percent of the amounts 
     collected at a specific unit or area shall remain available 
     for expenditure without further appropriation, at the unit or 
     area where the fees were collected, except that the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     appropriate, may reduce the local allocation amount to not 
     less than 60 percent of the fees collected if the Secretary 
     determines that the unit or area's revenues in any specific 
     fiscal year exceed its reasonable needs for which 
     expenditures may be made.
       (2) Amount not retained at the site or area collecting the 
     fee shall remain available for expenditure without further 
     appropriation to the Federal agency administering the site, 
     for distribution in accordance with national priority needs 
     within such agency.
       (3) Revenues from the sale of annual passes shall be 
     distributed in accordance with revenue sharing agreements 
     developed by the Secretary of the Interior and the Secretary 
     of Agriculture.
       (c) Use of Fee Revenues.--Amounts made available under 
     subsection (b)(1) for expenditure at a specific unit or area 
     shall be accounted for separately from amounts available 
     under (b)(2). Both amounts shall be used for resource 
     preservation, backlogged repair and maintenance projects 
     (including projects related to health and safety), 
     interpretation, signage, habitat for facility enhancement, 
     law enforcement related to public use, maintenance, and 
     direct operating or capital costs associated with the 
     recreation fee program.

     SEC. 6. CONFORMING AMENDMENTS.

       (a) Repeal of Other Fee Authorities.--Section 4 of the Land 
     and Water Conservation Fund Act (16 U.S.C. 4601-4a) and 
     section 315 of Public Law 104-134, as amended (16 U.S.C. 
     4601-4a note), are repealed, except that the repeal of such 
     provisions shall not affect the expenditure of revenues 
     already obligated. All unobligated amounts as of the date of 
     enactment of this Act shall be transferred to the appropriate 
     special account established under this Act and shall be 
     available as provided in this Act.
       (b) Federal and State Law Unaffected.--Nothing in this Act 
     shall be construed--
       (1) to authorize Federal hunting or fishing licenses or 
     fees;
       (2) to authorize charges for commercial or other activities 
     not related to recreation;
       (3) to affect any rights or authority of the States with 
     respect to fish and wildlife;
       (4) to repeal or modify any provision of law that provides 
     that any fees or charges collected at specific Federal areas 
     be used for, or created to specific purposes or special funds 
     as authorized by that provision of law; or
       (5) to repeal or modify any provision of law authorizing 
     States or political subdivisions thereof to share in revenues 
     from Federal lands.
                                 ______
                                 
      By Mr. HOLLINGS (for himself, Mr. Gregg, Mr. Kerry, Ms. Snowe, 
        Mr. Inouye, Mr. Reed, Mr. Breaux, Mr. Cleland, Mr. DeWine, Mr. 
        Sarbanes, Mr. Biden, Mr. Kennedy, Ms. Mikulski, Mr. Cochran, 
        Mr. Torricelli, Mrs. Murray, Ms. Landrieu, Mr. Corzine, and Mr. 
        Lieberman):
  S. 2608. A bill to amend the Coastal Zone Management Act of 1972 to 
authorize the acquisition of coastal areas in order better to ensure 
their protection from conversion or development; to the Committee on 
Commerce, Science, and Transportation.
  Mr. HOLLINGS. Mr. President, I rise today with my colleague Senator 
Gregg to introduce the Coastal and Estuarine Land Protection Act of 
2002. I would like to thank our cosponsors, Senators Kerry, Snowe, 
Inouye, J. Reed, Breaux, Cleland, DeWine, Sarbanes, Biden, Kennedy, 
Mikulski, Cochran, Torricelli, Murray, and Landrieu for their support 
of this bill, which marks another important chapter of our thirty year 
effort to put coastal and ocean issues at the forefront of 
environmental policy.
  When I was Governor of South Carolina over 30 years ago, I 
experienced first hand the need for Federal direction and assistance to 
the States to enable them to effectively and sustainably manage coastal 
development. My experiences during a series of coastal hearings and 
continued research in the Senate led me to write the Coastal Zone 
Management Act of 1972, which provided clear policy objectives for 
states to establish coordinated coastal zone management programs to 
help balance coastal development with protection. Since the CZMA became 
law, 34 of the 35 coastal states have established approved programs to 
help preserve and utilize their precious resources, and the program has 
proven to be a successful partnership between the Federal government 
and our states.
  But we appear to need more tools to help States continue the job we 
started in 1972. In the year 2002, as our population grows, more and 
more people are moving to the coast to enjoy its beauty and 
recreational opportunities. In fact, by 2010, an estimated 60 percent 
of Americans will live along our coasts, which represent less than 17 
percent of our land area. More than 3,000 people move to coastal areas 
everyday, and fourteen of the Nation's 20 largest cities are on the 
coast, and are five times more densely populated than the interior of 
the country. As these good folks move to take advantage of coastal 
living, we have to be careful that we don't destroy the natural 
resources and quality of life that draw them to our shores. Big changes 
are coming to all of our coastal counties, and we must make some 
careful and smart decisions if we want to keep the very resources we 
depend on.
  In particular, estuaries and wetlands have many unique attributes 
that make them important to both our natural resources and our economy. 
Estuaries, and the watersheds that flow into them, support fisheries 
and wildlife and contribute immensely to the coastal area economies. 
Wetlands are critical to many life cycles of organisms and help improve 
surface water quality by filtering our wastes. But these ecologically 
and economically important watersheds are also under the most threat 
from land development and conversion away from their natural state. The 
Forest Service's recently released Southern Forest Resource Assessment 
shows that coastal urbanization trends are particularly strong in the 
southeastern areas. In my state alone, the natural forests of the 
coastal plain are projected to decrease by 1.9 million acres in the 
next 40 years--a 35 percent loss of South Carolina's forests. These 
findings and future trends tell me that for the good of our coastal 
communities we need some fast, targeted action to protect ecologically 
important coastal areas most threatened with development or conversion.
  Now more than ever, the pressures of urbanization and pollution along 
our Nation's coasts threaten to impair watersheds, impact wildlife 
habitat and cause irreparable damage to the fragile coastal ecology. 
This year the Environmental Protection Agency rated the overall 
condition of our coastal waters as fair to poor, with 44 percent of 
estuarine areas impaired for human or aquatic life use. While some 
areas of the country are seeing some improvement as a result of control 
on industry, the experts predict that the more pristine areas like the 
Southeast, which as some of the best water quality in the Nation, will 
experience degradation of water quality due primarily to runoff of 
pollutants from rapid development in our coastal watersheds. This is 
very bad news for the shrimpers, oystermen, and recreational users who 
depend on these waters for their livelihood and quality of life.

  We see strong signals of what continuing down this path will bring 
us: sustained beach closings due to excess sewage drainage; shellfish 
bed closings and fish consumption advisories resulting from toxic 
runoff or bacteria; fish kills due to lack of oxygen from nutrient 
runoff; marine mammal diseases; and human health impacts. The National 
Research Council reports that over the next 20 years over 70 percent of 
our estuaries will experience more of

[[Page S5370]]

these low oxygen, or ``eutrophic'' conditions, such as the Gulf ``Death 
Zone.'' If this trend continues, our coastal economies will suffer and 
perhaps never recover. I know in my state the economy would falter 
greatly from the lack of fishing, shrimping and tourism opportunities, 
and this is true up and down the Atlantic coast, which contains 37 
percent of the Nation's estuarine areas.
  The good news is that there are ways we can make a difference, and we 
have some goods models we can turn to. I am proud to say my home state 
of South Carolina is a leader in this area. The past decade I have led 
an extensive cooperative conservation effort, bringing together the 
State of South Carolina, private landowners, groups like the Nature 
Conservancy, Ducks Unlimited and Federal partners like NOAA and the 
Fish and Wildlife Service to protect the ACE Basin. It is now the 
largest pristine estuarine reserve on the East Coast, a 350,000-acre 
area at the convergence of the Edisto, Ashepoo and Combahee Rivers, 
which comprises many ecologically important habitats that are home to 
many fish and bird species, including a number of endangered species. 
An outcome of these efforts is that the ACE Basin, already home to a 
National Wildlife Refuge, was declared a National Estuarine Research 
Reserve in 1992, and has been growing in size ever since. In building 
the ACE Basin, the partners worked creatively and in a coordinated 
manner, and we successfully obtained land acquisition funds through a 
variety of federal sources, including the Forest Legacy Program.
  What became clear, however, is that there is no federal program 
explicitly setting aside funding for conservation of coastal lands, 
where the needs are clearly the greatest. That is exactly what the 
Coastal and Estuarine Land Protection Act of 2002 will do. The bill, 
which is strongly supported by The Trust for Public Land, Coastal 
States Organization, The Nature Conservancy and Land Trust Alliance, 
amends the CZMA to authorize a competitively matching grant program in 
NOAA to enable states to permanently protect important coastal areas. 
Under this NOAA program, coastal states can compete for matching funds 
of up to 75 percent to acquire land or easements for the protection of 
endangered coastal areas that have considerable conservation, 
recreation, ecological, historical or aesthetic values threatened by 
development or conversion. The bill also provides funding for a 
regional watershed demonstration project that can be used as a model 
for future watershed-scale programs. The program is authorized at $60 
million for fiscal year 2003 and beyond, with an additional $5 million 
for the regional watershed demonstration project.
  By establishing a plan for the preservation of our coastal areas, the 
Coastal and Estuarine Land Protection Act will build on the foundation 
laid down by the CZMA, all in stride with the changing times, growing 
number of people, and limited resources available today. When it comes 
to the environment, rules and regulations sometimes can't do it all. 
Sometimes cooperative actions work better and we can turn to models 
that encourage joint conservation projects among folks who all want the 
same thing, sustainable coasts.
  Partnership programs among federal government, state agencies, local 
governments, private landowners and non-profits, like the ACE Basin 
Project, work and we need to encourage these partnerships in all our 
coastal areas if we are to prevent degradation of our coastal 
resources. The good news is that we can make a difference today by 
providing the funding for land conservation partnerships provided for 
by Coastal and Estuarine Land Protection Act. I am proud to be a 
sponsor of this bill, which will not only improve the quality of the 
coastal areas and marine life it supports, but also sustain surrounding 
communities and their way of life.
  Mr. GREGG. Mr. President, I rise today along with Senator Hollings to 
introduce S. 2608, the Coastal and Estuarine Land Protection Act. We 
are introducing this much needed coastal protection act along with 
Senators Cochran, DeWine, Snowe, Biden, Carper, Cleland, Inouye, 
Breaux, Landrieu, Sarbanes, Mikulski, Kennedy, Kerry, Torricelli, and 
Murray. In addition, this legislation is supported by the Coastal 
States Organization, the National Estuarine Research Reserve 
Association, the Trust for Public Lands, The National Conservancy, and 
the Land Trust Alliance.
  The Coastal and Estuarine Land Protection Act promotes coordinated 
land acquisition and protection efforts in coastal and estuarine areas 
by fostering partnerships between non-governmental organizations and 
federal, state, and local governments. With Americans rapidly moving to 
the coast, pressures to develop critical coastal ecosystems are 
increasing. There are fewer and fewer undeveloped and pristine areas 
left in the nation's coastal and estuarine watersheds. These areas 
provide important nursery habitat for two-thirds of the nation's 
commercial fish and shellfish, provide nesting and foraging habitat for 
coastal birds, harbor significant natural plant communities, and serve 
to facilitate coastal flood control and pollutant filtration.
  The Coastal and Estuarine Land Protection Act pairs willing sellers 
through community-based initiatives with sources of federal funds to 
enhance environmental protection. Lands can be acquired in full or 
through easements, and none of the lands purchased through this program 
would be held by the federal government. S. 2608 puts land conservation 
initiatives in the hands of state and local communities. This new 
program, authorized through the National Oceanic and Atmospheric 
Administration at $60,000,000 per year, would provide federal matching 
funds to states with approved coastal management programs or to 
National Estuarine Research Reserves through a competitive grant 
process. Federal matching funds may not exceed 75% of the cost of a 
project under this program, and non-federal sources may count in-kind 
support toward their portion of the cost share.
  This coastal land protection program provides much needed support for 
local coastal conservation initiatives throughout the country. In my 
role as the Ranking Member of the Commerce, Justice, State 
Appropriations Subcommittee, I have been able to secure significant 
funds for the Great Bay estuary in New Hampshire. This estuary is the 
jewel of the seacoast region, and is home to a wide variety of plants 
and animal species that are particularly threatened by encroaching 
development and environmental pollutants. By working with local 
communities to purchase lands or easements on these valuable parcels of 
land, New Hampshire has been able to successfully conserve the natural 
and scenic heritage of this vital estuary.
  Programs like the Coastal and Estuarine Land Protection program will 
now enable other states to participate in these community-based 
conservation efforts in coastal areas. This program was modeled after 
the U.S. Department of Agriculture's successful Forest Legacy Program, 
which has conserved millions of acres of productive and ecologically 
significant forest land around the country.
  I welcome the opportunity to offer this important legislation, with 
my close friend, Senator Hollings. I am thankful for his strong 
leadership on this issue, and look forwarding to working with him to 
make the vision for this legislation a reality, and to successfully 
conserve our ecologically, historically, recreational, and 
aesthetically important coastal lands.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Schumer):
  S. 2609. A bill to require the Federal Trade Commission to promulgate 
a rule to establish requirements with respect to the release of 
prescriptions for contact lenses; to the Committee on Commerce, 
Science, and Transportation.
  Mr. LEAHY. Mr. President, the Contact Lens Prescription Release Act 
of 2002 will rectify a troubling anomaly in competition and health care 
law: Eye doctors have long been required to provide patients with the 
prescriptions for their eyeglasses, but not for contact lenses. This 
bill will require ophthalmologists and optometrists to release contact 
lens prescriptions to their patients, just as they have long been 
required to do for eyeglass wearers.
  Since 1973, when the Federal Trade Commission issued a regulation 
requiring the automatic release of eyeglass prescriptions, the millions 
of citizens who wear glasses have had access to,

[[Page S5371]]

and the use of, their own prescriptions. They have long been able to 
``shop around'' for the best provider of eyeglasses for themselves, but 
contact lens wearers are often forced to purchase their contacts from 
their eye doctors, because they have been denied possession of their 
own prescriptions.
  The contact lens industry was in its infancy in 1973, and thus was 
excluded from the FTC's regulation. Now that 35 million Americans wear 
contact lenses, the industry is profoundly different. Thirty years ago, 
it made sense that the FTC did not extend its rule to cover contact 
lenses, but now that so many patients wear contacts, it seems the time 
is ripe for the law to reflect this growing health care trend. In 
addition, because patients' prescriptions can be exclusively held by 
their doctors, anticompetitive behavior among some eye doctors has 
escalated, to the detriment of consumers and competition.
  In some instances, doctors can effectively force their patients to 
buy contact lenses from their doctors who can also require them to come 
in for eye exams before they receive replacement lenses, even if there 
is no change to the prescription. Patients must then pay for medical 
services they do not want, and cannot shop around for the best price or 
most convenient delivery service for their contact lens, like on-line 
ordering, or discount dealers. In fact, thirty-two State Attorneys 
General have recently settled an antitrust suit against the American 
Optometric Association and Johnson & Johnson, maker of ACUVUE 
disposable contact lenses, in which the attorneys general alleged that 
defendants conspired to force patients to buy their lenses only from 
eye doctors, and to eliminate competition from alternative distributors 
of contact lenses.
  The Contact Lens Prescription Release Act would require the FTC to 
amend its trade regulation rule on ophthalmic practice to require a 
contact lens prescriber to release to the patient, or her agent, a copy 
of the prescription, and it would make it an unfair practice for any 
contact lens supplier to represent that the lenses could be obtained 
without a valid prescription. This bill would put contact lens wearers 
in the same position as their bespectacled brethren: They could have 
control of their own medical information, and be able to choose the 
right supplier, from a more competitive marketplace of suppliers, for 
themselves.
                                 ______
                                 
      By Mr. WELLSTONE (for himself and Mr. Corzine):
  S. 2610. A bill to amend part A of title IV of the Social Security 
Act to include efforts to address barriers to employment as a work 
activity under the temporary assistance to needy families program, and 
for other purposes; to the Committee on Finance.
  Mr. WELLSTONE. Mr. President, I rise today to introduce the Chance to 
Succeed Act of 2002 on behalf of myself and my colleagues Senator 
Corzine.
  The research is clear that many of the parents still receiving 
Temporary Assistance for Needy Families, TANF, cash assistance have 
barriers, often multiple barriers, that make it harder, sometime 
impossible, for them to work. These barriers include mental and 
physical impairments including learning disabilities, domestic and 
sexual violence, substance abuse, limited English proficiency, and 
hopelessness. In some cases, parents are caring for a child with 
disabilities and this inhibits their ability to meet the State's work 
requirements.
  In my own State of Minnesota, we are beginning to see compelling 
evidence that many families receiving TANF, have significant barriers 
to employment. A recent study done by Lifetrack Resources looked at 
welfare recipients participating in a transitional jobs program. This 
research found that individuals participating in the program had an 
average of seven barriers to employment, ranging from a lack of 
reliable transportation to limited education to domestic violence 
issues. Welfare offices in Ramsey and Hennepin Counties, where the bulk 
of families approaching their 5 year lifetime limit live, found similar 
results as they have begun testing TANF recipients for learning 
problems, mental illness, physical limitations and other disabilities. 
They found that: about two-thirds of the parents in each county have 
problems severe enough to qualify for benefits extension; In Ramsey 
county, testers who have worked with several hundred parents, have 
found the average IQ for English speakers was 82. An IQ of 100 is 
considered average; and Hennepin County found that 24 percent of a 
sample of 66 parents reaching their time limits had a mental illness.
  With additional help, many of these families in Minnesota and 
elsewhere, will be better able to maximize their potential and move 
toward greater financial independence. In order to be able to better 
help these families address such barriers and move toward work, States 
need to have in place policies and procedures that help identify these 
families and the barriers they face and provide them with the services 
and supports they will need to eventually succeed in the workplace. 
There is no need for these policies and procedures to be identical--one 
size does not fit all for states or families. But, the failure to have 
any such procedures results in families with barriers being 
inappropriately sanctioned while also unable to work. It also means 
that States are not using their limited TANF resources most efficiently 
to ensure accurate matching of families' barriers with program to help 
to address those barriers. Inadequate screening and assessment impedes 
states' ability to better tailor their programs and the individual's 
responsibility plan to meet a family's needs.

  Some States have already taken steps along the lines proposed in this 
bill. The purpose of the provisions in this bill is to put into place a 
skeletal structure in each State, leaving the States with flexibility 
in terms of exactly how the various provisions are implemented, will 
help to ensure that both states and families have the tools they need 
to ultimately ensure that more low-income families succeed in the 
workplace. The Chance to Succeed Act encourages states to better serve 
the needs of TANF recipients with barriers to employment by: giving 
states broad flexibility to place TANF recipients in barrier-removal 
activities and count recipients participating in such activities toward 
federal work participation rates for at least three months; improving 
service delivery for families with barriers by developing a screening, 
assessment and service delivery process; providing technical assistance 
to states to develop model practices, standards and procedures for 
screening, assessment and addressing barriers to move individuals into 
employment; and providing funding for state-level advisory panels to 
improve state policies and procedures for assisting families with 
barriers to work; helping TANF recipients with barriers to employment 
move into the workforce by creating personal responsibility plans that 
outline an employment goal for moving an individual into stable 
employment; the obligations of the individual to work toward becoming 
and remaining employed in the private sector; the individual's long-
term career goals and the specific work experience, education, or 
training needed to reach them; and the services the State will offer 
based on screening and assessment; and developing sanction, 
conciliation and follow-up procedures that address barriers and improve 
compliance.
  TANF recipients want to work and be able to provide for themselves 
and their children. To be poor in this country is difficult enough, but 
to be poor and on welfare carries with it a stigma that makes life 
nearly impossible. States like Minnesota and others are only now coming 
to understand the true depth and extent of the kinds of barriers to 
employment that many TANF recipients face. It takes a tremendous 
commitment of effort and resources to provide individuals with the 
services and supports they need to address these barriers so that they 
may successfully transition into the workforce. It is critical that our 
federal TANF policies do all that is possible to help those states that 
are already making this kind of commitment. I believe this bill does 
just that, and I urge each of my colleagues to support it. I look 
forward to working with my colleagues on the Finance Committee and 
others to ensure that the provisions in this bill are included in the 
Senate TANF reauthorization bill.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Kennedy, Ms. Collins, Mr. Jeffords, 
        Mr. Frist, Mr. Cochran,

[[Page S5372]]

        Mr. Levin, Mr. Chafee, Ms. Landrieu, Mr. Dayton, and Mr. 
        Wellstone):
  S. 2611. A bill to reauthorize the Museum and Library Services Act, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. REED. Mr. President, today I introduce the Museum and Library 
Services Act of 2002. I am pleased to be joined by Senators Kennedy, 
Collins, Jeffords, Frist, Cochran, Levin, Chafee, Landrieu, and Dayton 
in introducing this legislation to strengthen museum and library 
services.
  Museums and libraries are rich centers of learning, woven into the 
fabric of our communities, big and small, urban and rural.
  Today's library is not simply a place where books are read and 
borrowed. It is a place where a love for reading is born and renewed 
again and again, and where information is sought and discovered. 
American libraries also coordinate and provide comprehensive services 
to meet the needs of their communities and people of all ages. They 
provide Internet access, family literacy classes, homework help, 
mentoring programs, English as A Second Language, ESL, classes, job 
training, and resume writing workshops.
  America's museums bring wonderment and joy to young and old alike, 
encouraging discovery and celebrating our heritage and our heroes. 
Today's museums bring everyday objects, art, music, science, 
technology, and much more to life. Museums help us preserve our past, 
understand our present, and plan our future.
  The Federal Government has a long history of supporting our Nation's 
libraries and museums, providing direct aid to public libraries since 
the adoption of the Library Services and Construction Act, LSCA, in 
1956 and funding to museums since the enactment of the Museum Services 
Act in 1976.
  The Museum and Library Services Act was enacted in 1996, 
reauthorizing federal library and museum programs under a newly 
created, independent federal agency called the Institute for Museum and 
Library Services, IMLS. The Museum and Library Services Act consists of 
two main subtitles, the Library Services and Technology Act and the 
Museum Services Act. Senator Kennedy, Senator Jeffords, and my 
predecessor, former Senator Claiborne Pell, were instrumental in the 
development and enactment of this law.
  Under the Library Services and Technology Act, LSTA, IMLS funds four 
grant programs for libraries to improve access to information through 
technology, to ensure equity of access and to help bring resources to 
underserved audiences. These programs serve all types of our nation's 
122,000 libraries: public, academic, research, school, and archive.
  In Rhode Island, LSTA funding allows libraries to provide summer 
reading programs for students and participate in the Rhode Island 
Family Literacy Initiative that helps families with limited English 
language skills. Last fall, the Providence Public Library was one of 6 
museums and libraries recognized by IMLS with a National Award for 
Museum and Library Service.
  Under the Museum Service Act, IMLS provides funding and technical 
assistance to museums for preservation of museum collections, new 
technologies for exhibits, and general operations. Approximately 15,000 
U.S. museums from aquariums to arboretums and botanical gardens, to art 
museums, to historic houses and sites, to nature centers, to science 
and technology centers, to zoological parks benefit from the IMLS's 
existence. Several Rhode Island museums have received IMLS funding, 
including the Children's Museum of Rhode Island, the Museum of Art at 
the Rhode Island School of Design, and the Slater Mill Historic Site in 
Pawtucket.
  The legislation we are introducing today is based on the testimony we 
heard at an April 10 hearing of the Health, Education, Labor, and 
Pensions Committee, which I chaired, as well as proposals that the 
museum and library communities each crafted using a cooperative and 
collaborative process. We are grateful for their efforts to come 
together on proposals so the law meets the future needs of museum and 
library users.
  The Museum and Library Services Act of 2002, which extends the 
authorization of museum and library services for six years, makes 
several important modifications to current law. The bill ensures that 
library activities are coordinated with the school library program I 
authored and contained within the No Child Left Behind Act of 2001. It 
establishes a Museum and Library Services Board to advise the Director 
of IMLS, and it authorizes IMLS to award a National Award for Library 
Service as well as a National Award for Museum Service. The bill also 
ensures a portion of administrative funds are used to analyze annually 
the impact of museum and library services to identify needs and trends 
of services provided under museum and library programs, and it 
establishes a reservation of 1.75 percent of funds for museum services 
for Native Americans (a similar reservation is currently provided for 
library services under the Library Services and Technology subtitle). 
Lastly, the bill updates the uses of funds for library and museum 
programs, and it increases the authorization of LSTA from $150 million 
to $350 million and Museum Services from $28.7 million to $65 million.
  I want to specifically highlight one other provision in the 
legislation. The Museum and Library Services Act of 2002 doubles the 
minimum State allotment under the Library Services and Technology Act 
to $680,000. The minimum State allotment has remained flat at $340,000 
since 1971, hampering the literacy and cultural efforts of our Nation's 
smaller states. An analysis prepared by the staff of the Joint Economic 
Committee shows that it would take $1.5 million for our small States to 
keep pace with inflation. The library community has instead suggested a 
modest, but essential doubling of the minimum State allotment to 
$680,000. This will enable every State to benefit and implement the 
valuable services and programs that larger States have been able to put 
in place. We heard about the importance of this change from David 
Macksam, Director of the Cranston Public Library, during the April 10 
hearing. I will be fighting to retain this provision as we work with 
the House to put this legislation on the President's desk for his 
signature.
  The House Committee on Education and the Workforce has already taken 
action on a reauthorization bill. Last year, during the reauthorization 
of the Elementary and Secondary Education Act (ESEA), I was pleased to 
work with Senator Collins, Chairman Kennedy, and others to secure 
funding for school libraries for the first time in twenty years. I hope 
we can also move forward on a similar bipartisan basis on a swift 
reauthorization of the Museum and Library Services Act.
  I urge my colleagues to cosponsor this important legislation and work 
for its passage.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2611

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Museum and Library Services 
     Act of 2002''.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. GENERAL DEFINITIONS.

       Section 202 of the Museum and Library Services Act (20 
     U.S.C. 9101) is amended--
       (1) by striking paragraphs (1) and (4);
       (2) by redesignating paragraph (2) as paragraph (1);
       (3) by inserting after paragraph (1), as redesignated by 
     paragraph (2) of this section, the following:
       ``(2) Indian tribe.--The term `Indian tribe' means any 
     tribe, band, nation, or other organized group or community, 
     including any Alaska native village, regional corporation, or 
     village corporation, as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), which is recognized by the Secretary of the Interior 
     as eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.''; and
       (4) by adding at the end the following:
       ``(4) Museum and library services board.--The term `Museum 
     and Library Services Board' means the National Museum and 
     Library Services Board established under section 207.''.

     SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

       Section 203 of the Museum and Library Services Act (20 
     U.S.C. 9102) is amended--
       (1) in subsection (b), by striking the last sentence; and

[[Page S5373]]

       (2) by adding at the end the following:
       ``(c) Museum and Library Services Board.--There shall be a 
     National Museum and Library Services Board within the 
     Institute, as provided under section 207.''.

     SEC. 103. DIRECTOR OF THE INSTITUTE.

       Section 204 of the Museum and Library Services Act (20 
     U.S.C. 9103) is amended--
       (1) in subsection (e), by adding at the end the following: 
     ``Where appropriate, the Director shall ensure that 
     activities under subtitle B are coordinated with activities 
     under section 1251 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6383).''; and
       (2) by adding at the end the following:
       ``(f) Regulatory Authority.--The Director may promulgate 
     such rules and regulations as are necessary and appropriate 
     to implement the provisions of this title.''.

     SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.

       The Museum and Library Services Act (20 U.S.C. 9101 et 
     seq.) is amended--
       (1) by redesignating section 207 as section 208; and
       (2) by inserting after section 206 the following:

     ``SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.

       ``(a) Establishment.--There is established in the Institute 
     a board to be known as the `National Museum and Library 
     Services Board'.
       ``(b) Membership.--
       ``(1) Number and appointment.--The Museum and Library 
     Services Board shall be composed of the following:
       ``(A) The Director.
       ``(B) The Deputy Director for the Office of Library 
     Services.
       ``(C) The Deputy Director for the Office of Museum 
     Services.
       ``(D) The Chairman of the National Commission on Libraries 
     and Information Science.
       ``(E) 10 members appointed by the President, by and with 
     the advice and consent of the Senate, from among individuals 
     who are citizens of the United States and who are specially 
     qualified in the area of library services by virtue of their 
     education, training, or experience.
       ``(F) 11 members appointed by the President, by and with 
     the advice and consent of the Senate, from among individuals 
     who are citizens of the United States and who are specially 
     qualified in the area of museum services by virtue of their 
     education, training, or experience.
       ``(2) Special qualifications.--
       ``(A) Library members.--Of the members of the Museum and 
     Library Services Board appointed under paragraph (1)(E)--
       ``(i) 5 shall be professional librarians or information 
     specialists, of whom--

       ``(I) at least 1 shall be knowledgeable about electronic 
     information and technical aspects of library and information 
     services and sciences; and
       ``(II) and at least 1 other shall be knowledgeable about 
     the library and information service needs of underserved 
     communities; and

       ``(ii) the remainder shall have special competence in, or 
     knowledge of, the needs for library and information services 
     in the United States.
       ``(B) Museum members.--Of the members of the Museum and 
     Library Services Board appointed under paragraph (1)(F)--
       ``(i) 5 shall be museum professionals who are or have been 
     affiliated with--

       ``(I) resources that, collectively, are broadly 
     representative of the curatorial, conservation, educational, 
     and cultural resources of the United States; or
       ``(II) museums that, collectively, are broadly 
     representative of various types of museums, including museums 
     relating to science, history, technology, art, zoos, 
     botanical gardens, and museums designed for children; and

       ``(ii) the remainder shall be individuals recognized for 
     their broad knowledge, expertise, or experience in museums or 
     commitment to museums.
       ``(3) Geographic and other representation.--Members of the 
     Museum and Library Services Board shall be appointed to 
     reflect persons from various geographic regions of the United 
     States. The Museum and Library Services Board may not 
     include, at any time, more than 3 appointive members from a 
     single State. In making such appointments, the President 
     shall give due regard to equitable representation of women, 
     minorities, and persons with disabilities who are involved 
     with museums and libraries.
       ``(4) Voting.--The Director, the Deputy Director of the 
     Office of Library Services, and the Deputy Director of the 
     Office of Museum Services shall be nonvoting members of the 
     Museum and Library Services Board.
       ``(c) Terms.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, each member of the Museum and Library Services 
     Board appointed under subparagraph (E) or (F) of subsection 
     (b)(1) shall serve for a term of 5 years.
       ``(2) Initial board appointments.--
       ``(A) Treatment of members serving on effective date.--
     Notwithstanding subsection (b), each individual who is a 
     member of the National Museum Services Board on October 1, 
     2002, may, at the individual's election, complete the balance 
     of the individual's term as a member of the Museum and 
     Library Services Board.
       ``(B) First appointments.--Notwithstanding subsection (b), 
     any appointive vacancy in the initial membership of the 
     Museum and Library Services Board existing after the 
     application of subparagraph (A), and any vacancy in such 
     membership subsequently created by reason of the expiration 
     of the term of an individual described in subparagraph (A), 
     shall be filled by the appointment of a member described in 
     subsection (b)(1)(E). When the Museum and Library Services 
     Board consists of an equal number of individuals who are 
     specially qualified in the area of library services and 
     individuals who are specially qualified in the area of museum 
     services, this subparagraph shall cease to be effective and 
     the members of the Museum and Library Services Board shall be 
     appointed in accordance with subsection (b).
       ``(C) Authority to adjust terms.--The terms of the first 
     members appointed to the Museum and Library Services Board 
     shall be adjusted by the President as necessary to ensure 
     that the terms of not more than 4 members expire in the same 
     year. Such adjustments shall be carried out through 
     designation of the adjusted term at the time of appointment.
       ``(3) Vacancies.--Any member appointed to fill a vacancy 
     shall serve for the remainder of the term for which the 
     predecessor of the member was appointed.
       ``(4) Reappointment.--No appointive member of the Museum 
     and Library Services Board who has been a member for more 
     than 7 consecutive years shall be eligible for reappointment.
       ``(5) Service until successor takes office.--
     Notwithstanding any other provision of this subsection, an 
     appointive member of the Museum and Library Services Board 
     shall serve after the expiration of the term of the member 
     until the successor to the member takes office.
       ``(d) Duties and Powers.--
       ``(1) In general.--The Museum and Library Services Board 
     shall advise the Director on general policies with respect to 
     the duties, powers, and authority of the Institute relating 
     to museum and library services, including financial 
     assistance awarded under this title.
       ``(2) National awards.--The Museum and Library Services 
     Board shall assist the Director in making awards under 
     section 209.
       ``(e) Chairperson.--The Director shall serve as Chairperson 
     of the Museum and Library Services Board.
       ``(f) Meetings.--
       ``(1) In general.--The Museum and Library Services Board 
     shall meet not less than 2 times each year and at the call of 
     the Director.
       ``(2) Vote.--All decisions by the Museum and Library 
     Services Board with respect to the exercise of its duties and 
     powers shall be made by a majority vote of the members of the 
     Board who are present and authorized to vote.
       ``(g) Quorum.--A majority of the voting members of the 
     Museum and Library Services Board shall constitute a quorum 
     for the conduct of business at official meetings, but a 
     lesser number of members may hold hearings.
       ``(h) Compensation and Travel Expenses.--
       ``(1) Compensation.--Each member of the Museum and Library 
     Services Board who is not an officer or employee of the 
     Federal Government may be compensated at a rate to be fixed 
     by the President, but not to exceed the daily equivalent of 
     the maximum annual rate of pay authorized for a position 
     above grade GS-15 of the General Schedule under section 5108 
     of title 5, United States Code, for each day (including 
     travel time) during which such member is engaged in the 
     performance of the duties of the Museum and Library Services 
     Board. Members of the Museum and Libraries Services Board who 
     are full-time officers or employees of the Federal Government 
     may not receive additional pay, allowances, or benefits by 
     reason of their service on the Board.
       ``(2) Travel expenses.--Each member of the Museum and 
     Library Services Board shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     applicable provisions under subchapter I of chapter 57 of 
     title 5, United States Code.
       ``(i) Coordination.--The Director, with the advice of the 
     Museum and Library Services Board, shall take steps to ensure 
     that the policies and activities of the Institute are 
     coordinated with other activities of the Federal 
     Government.''.

     SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.

       The Museum and Library Services Act (20 U.S.C. 9101 et 
     seq.) is amended by inserting after section 208 (as 
     redesignated by section 104 of this Act) the following:

     ``SEC. 209. AWARDS.

       ``The Director, with the advice of the Museum and Library 
     Services Board, may annually award National Awards for 
     Library Service and National Awards for Museum Service to 
     outstanding libraries and outstanding museums, respectively, 
     that have made significant contributions in service to their 
     communities.

     ``SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY 
                   SERVICES.

       ``From amounts described in sections 214(c) and 274(b), the 
     Director shall carry out and publish analyses of the impact 
     of museum and library services. Such analyses--
       ``(1) shall be conducted in ongoing consultation with--
       ``(A) State library administrative agencies;
       ``(B) State, regional, and national library and museum 
     organizations; and

[[Page S5374]]

       ``(C) other relevant agencies and organizations;
       ``(2) shall identify national needs for, and trends of, 
     museum and library services provided with funds made 
     available under subtitles B and C;
       ``(3) shall report on the impact and effectiveness of 
     programs conducted with funds made available by the Institute 
     in addressing such needs; and
       ``(4) shall identify, and disseminate information on, the 
     best practices of such programs to the agencies and entities 
     described in paragraph (1).''.

               TITLE II--LIBRARY SERVICES AND TECHNOLOGY

     SEC. 201. PURPOSE.

       Section 212 of the Library Services and Technology Act (20 
     U.S.C. 9121) is amended by striking paragraphs (2) through 
     (5) and inserting the following:
       ``(2) to promote improvement in library services in all 
     types of libraries in order to better serve the people of the 
     United States;
       ``(3) to facilitate access to resources in all types of 
     libraries for the purpose of cultivating an educated and 
     informed citizenry; and
       ``(4) to encourage resource sharing among all types of 
     libraries for the purpose of achieving economical and 
     efficient delivery of library services to the public.''.

     SEC. 202. DEFINITIONS.

       Section 213 of the Library Services and Technology Act (20 
     U.S.C. 9122) is amended--
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2), (3), (4), (5), and (6) 
     as paragraphs (1), (2), (3), (4), and (5), respectively.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       Section 214 of the Library Services and Technology Act (20 
     U.S.C. 9123) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this subtitle $350,000,000 for fiscal year 2003 
     and such sums as may be necessary for fiscal years 2004 
     through 2008.''; and
       (2) in subsection (c), by striking ``3 percent'' and 
     inserting ``3.5 percent''.

     SEC. 204. RESERVATIONS AND ALLOTMENTS.

       Section 221(b)(3) of the Library Services and Technology 
     Act (20 U.S.C. 9131(b)(3)) is amended to read as follows:
       ``(3) Minimum allotments.--
       ``(A) In general.--For purposes of this subsection, the 
     minimum allotment for each State shall be $340,000, except 
     that the minimum allotment shall be $40,000 in the case of 
     the United States Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau.
       ``(B) Ratable reductions.--Notwithstanding subparagraph 
     (A), if the sum appropriated under the authority of section 
     214 and not reserved under subsection (a) for any fiscal year 
     is insufficient to fully satisfy the requirement of 
     subparagraph (A), each of the minimum allotments under such 
     subparagraph shall be reduced ratably.
       ``(C) Exception.--
       ``(i) In general.--Notwithstanding subparagraph (A), if the 
     sum appropriated under the authority of section 214 and not 
     reserved under subsection (a) for any fiscal year exceeds the 
     aggregate of the allotments for all States under this 
     subsection for fiscal year 2002--

       ``(I) the minimum allotment for each State otherwise 
     receiving a minimum allotment of $340,000 under subparagraph 
     (A) shall be increased to $680,000; and
       ``(II) the minimum allotment for each State otherwise 
     receiving a minimum allotment of $40,000 under subparagraph 
     (A) shall be increased to $60,000.

       ``(ii) Insufficient funds to award alternative minimum.--If 
     the sum appropriated under the authority of section 214 and 
     not reserved under subsection (a) for any fiscal year exceeds 
     the aggregate of the allotments for all States under this 
     subsection for fiscal year 2002 yet is insufficient to fully 
     satisfy the requirement of clause (i), such excess amount 
     shall first be allotted among the States described in clause 
     (i)(I) so as to increase equally the minimum allotment for 
     each such State above $340,000. After the requirement of 
     clause (i)(I) is fully satisfied for any fiscal year, any 
     remainder of such excess amount shall be allotted among the 
     States described in clause (i)(II) so as to increase equally 
     the minimum allotment for each such State above $40,000.
       ``(D) Special rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this subsection and using funds allotted for the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau under this subsection, the Director 
     shall award grants to the United States Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Republic of the Marshall Islands, the Federated 
     States of Micronesia, or the Republic of Palau to carry out 
     activities described in this subtitle in accordance with the 
     provisions of this subtitle that the Director determines are 
     not inconsistent with this subparagraph.
       ``(ii) Award basis.--The Director shall award grants 
     pursuant to clause (i) on a competitive basis and pursuant to 
     recommendations from the Pacific Region Educational 
     Laboratory in Honolulu, Hawaii.
       ``(iii) Administrative costs.--The Director may provide not 
     more than 5 percent of the funds made available for grants 
     under this subparagraph to pay the administrative costs of 
     the Pacific Region Educational Laboratory regarding 
     activities assisted under this subparagraph.''.

     SEC. 205. STATE PLANS.

       Section 224 of the Library Services and Technology Act (20 
     U.S.C. 9134) is amended--
       (1) in subsection (a)(1), by striking ``not later than 
     April 1, 1997.'' and inserting ``once every 5 years, as 
     determined by the Director.''; and
       (2) in subsection (f)--
       (A) by striking ``this Act'' each place such term appears 
     and inserting ``this subtitle'';
       (B) in paragraph (1)--
       (i) by striking ``1934,'' and all that follows through 
     ``Act, may'' and inserting ``1934 (47 U.S.C. 254(h)(6)) 
     may''; and
       (ii) by striking ``section 213(2)(A) or (B)'' and inserting 
     ``section 213(1)(A) or (B)''; and
       (C) in paragraph (7)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section:'' and inserting ``subsection:''; and
       (ii) in subparagraph (D), by striking ``given'' and 
     inserting ``applicable to''.

     SEC. 206. GRANTS TO STATES.

       Section 231 of the Library Services and Technology Act (20 
     U.S.C. 9141) is amended--
       (1) in subsection (a), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) expanding services for learning and access to 
     information and educational resources in a variety of 
     formats, in all types of libraries, for individuals of all 
     ages;
       ``(2) developing library services that provide all users 
     access to information through local, State, regional, 
     national, and international electronic networks;
       ``(3) providing electronic and other linkages among and 
     between all types of libraries;
       ``(4) developing public and private partnerships with other 
     agencies and community-based organizations;
       ``(5) targeting library services to individuals of diverse 
     geographic, cultural, and socioeconomic backgrounds, to 
     individuals with disabilities, and to individuals with 
     limited functional literacy or information skills; and
       ``(6) targeting library and information services to persons 
     having difficulty using a library and to underserved urban 
     and rural communities, including children (from birth through 
     age 17) from families with incomes below the poverty line (as 
     defined by the Office of Management and Budget and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.''; and
       (2) in subsection (b), by striking ``between the two 
     purposes described in paragraphs (1) and (2) of such 
     subsection,'' and inserting ``among such purposes,''.

     SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR 
                   COOPERATIVE AGREEMENTS.

       Section 262(a)(1) of the Library Services and Technology 
     Act (20 U.S.C. 9162(a)(1)) is amended by striking ``education 
     and training'' and inserting ``education, recruitment, and 
     training''.

                       TITLE III--MUSEUM SERVICES

     SEC. 300. SHORT TITLE.

       Subtitle C of the Museum and Library Services Act (20 
     U.S.C. 9171 et seq.) is amended by inserting before section 
     271 the following:

     ``SEC. 270. SHORT TITLE.

       ``This subtitle may be cited as the `Museum Services 
     Act'.''.

     SEC. 301. PURPOSE.

       Section 271 of the Museum and Library Services Act (20 
     U.S.C. 9171) is amended to read as follows:

     ``SEC. 271. PURPOSE.

       ``It is the purpose of this subtitle--
       ``(1) to encourage and support museums in carrying out 
     their public service role of connecting the whole of society 
     to the cultural, artistic, historical, natural, and 
     scientific understandings that constitute our heritage;
       ``(2) to encourage and support museums in carrying out 
     their educational role, as core providers of learning and in 
     conjunction with schools, families, and communities;
       ``(3) to encourage leadership, innovation, and applications 
     of the most current technologies and practices to enhance 
     museum services;
       ``(4) to assist, encourage, and support museums in carrying 
     out their stewardship responsibilities to achieve the highest 
     standards in conservation and care of the cultural, historic, 
     natural, and scientific heritage of the United States to 
     benefit future generations;
       ``(5) to assist, encourage, and support museums in 
     achieving the highest standards of management and service to 
     the public, and to ease the financial burden borne by museums 
     as a result of their increasing use by the public; and
       ``(6) to support resource sharing and partnerships among 
     museums, libraries, schools, and other community 
     organizations.''.

     SEC. 302. DEFINITIONS.

       Section 272(1) of the Museum and Library Services Act (20 
     U.S.C. 9172(1)) is amended by adding at the end the 
     following: ``Such term includes aquariums, arboretums, 
     botanical gardens, art museums, children's museums, general 
     museums, historic houses and sites, history museums, nature 
     centers, natural history and anthropology museums, 
     planetariums, science and technology centers, specialized 
     museums, and zoological parks.''.

[[Page S5375]]

     SEC. 303. MUSEUM SERVICES ACTIVITIES.

       Section 273 of the Museum and Library Services Act (20 
     U.S.C. 9173) is amended to read as follows:

     ``SEC. 273. MUSEUM SERVICES ACTIVITIES.

       ``(a) In General.--The Director, subject to the policy 
     advice of the Museum and Library Services Board, may enter 
     into arrangements, including grants, contracts, cooperative 
     agreements, and other forms of assistance to museums and 
     other entities as the Director considers appropriate, to pay 
     for the Federal share of the cost--
       ``(1) to support museums in providing learning and access 
     to collections, information, and educational resources in a 
     variety of formats (including exhibitions, programs, 
     publications, and websites) for individuals of all ages;
       ``(2) to support museums in building learning partnerships 
     with the Nation's schools and developing museum resources and 
     programs in support of State and local school curricula;
       ``(3) to support museums in assessing, conserving, 
     researching, maintaining, and exhibiting their collections, 
     and in providing educational programs to the public through 
     the use of their collections;
       ``(4) to stimulate greater collaboration among museums, 
     libraries, schools, and other community organizations in 
     order to share resources and strengthen communities;
       ``(5) to encourage the use of new technologies and 
     broadcast media to enhance access to museum collections, 
     programs, and services;
       ``(6) to support museums in providing services to people of 
     diverse geographic, cultural, and socioeconomic backgrounds 
     and to individuals with disabilities;
       ``(7) to support museums in developing and carrying out 
     specialized programs for specific segments of the public, 
     such as programs for urban neighborhoods, rural areas, Indian 
     reservations, and State institutions;
       ``(8) to support professional development and technical 
     assistance programs to enhance museum operations at all 
     levels, in order to ensure the highest standards in all 
     aspects of museum operations;
       ``(9) to support museums in research, program evaluation, 
     and the collection and dissemination of information to museum 
     professionals and the public; and
       ``(10) to encourage, support, and disseminate model 
     programs of museum and library collaboration.
       ``(b) Federal Share.--
       ``(1) 50 percent.--Except as provided in paragraph (2), the 
     Federal share described in subsection (a) shall be not more 
     than 50 percent.
       ``(2) Greater than 50 percent.--The Director may use not 
     more than 20 percent of the funds made available under this 
     subtitle for a fiscal year to enter into arrangements under 
     subsection (a) for which the Federal share may be greater 
     than 50 percent.
       ``(3) Operational expenses.--No funds for operational 
     expenses may be provided under this section to any entity 
     that is not a museum.
       ``(c) Review and Evaluation.--The Director shall establish 
     procedures for reviewing and evaluating arrangements 
     described in subsection (a) entered into under this subtitle. 
     Procedures for reviewing such arrangements shall not be 
     subject to any review outside of the Institute.
       ``(d) Services for Native Americans.--From amounts 
     appropriated under section 274, the Director shall reserve 
     1.75 percent to award grants to, or enter into contracts or 
     cooperative agreements with, Indian tribes and to 
     organizations that primarily serve and represent Native 
     Hawaiians (as defined in section 7207 of the Native Hawaiian 
     Education Act (20 U.S.C. 7517)) to enable such tribes and 
     organizations to carry out the activities described in 
     subsection (a).''.

     SEC. 304. REPEALS.

       Sections 274 and 275 of the Museum and Library Services Act 
     (20 U.S.C. 9174 and 9175) are repealed.

     SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

       Section 276 of the Museum and Library Services Act (20 
     U.S.C. 9176)--
       (1) is redesignated as section 274 of such Act; and
       (2) is amended, in subsection (a), by striking 
     ``$28,700,000 for the fiscal year 1997, and such sums as may 
     be necessary for each of the fiscal years 1998 through 
     2002.'' and inserting ``$65,000,000 for fiscal year 2003 and 
     such sums as may be necessary for fiscal years 2004 through 
     2008.''.

 TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT

     SEC. 401. AMENDMENT TO CONTRIBUTIONS.

       Section 4 of the National Commission on Libraries and 
     Information Science Act (20 U.S.C. 1503) is amended by 
     striking ``accept, hold, administer, and utilize gifts, 
     bequests, and devises of property,'' and inserting ``solicit, 
     accept, hold, administer, invest in the name of the United 
     States, and utilize gifts, bequests, and devises of services 
     or property,''.

     SEC. 402. AMENDMENT TO MEMBERSHIP.

       Section 6(a) of the National Commission on Libraries and 
     Information Science Act (20 U.S.C. 1505(a)) is amended--
       (1) in the second sentence, by striking ``and at least one 
     other of whom shall be knowledgeable with respect to the 
     library and information service and science needs of the 
     elderly'';
       (2) by amending the fourth sentence to read as follows: ``A 
     majority of members of the Commission who have taken office 
     and are serving on the Commission shall constitute a quorum 
     for conduct of business at official meetings of the 
     Commission''; and
       (3) in the fifth sentence, by striking ``five years, except 
     that'' and all that follows through the period and inserting 
     ``five years, except that--
       ``(1) a member of the Commission appointed to fill a 
     vacancy occurring prior to the expiration of the term for 
     which the member's predecessor was appointed, shall be 
     appointed only for the remainder of such term; and
       ``(2) any member of the Commission may continue to serve 
     after an expiration of the member's term of office until such 
     member's successor is appointed, has taken office, and is 
     serving on the Commission.''.

    TITLE V--TECHNICAL CORRECTIONS; CONFORMING AMENDMENT; REPEALS; 
                             EFFECTIVE DATE

     SEC. 501. TECHNICAL CORRECTIONS.

       (a) Title Heading.--The title heading for the Museum and 
     Library Services Act (20 U.S.C. 9101 et seq.) is amended to 
     read as follows:

               ``TITLE II--MUSEUM AND LIBRARY SERVICES''.

       (b) Subtitle A Heading.--The subtitle heading for subtitle 
     A of the Museum and Library Services Act (20 U.S.C. 9101 et 
     seq.) is amended to read as follows:

                  ``Subtitle A--General Provisions''.

       (c) Subtitle B Heading.--The subtitle heading for subtitle 
     B of the Museum and Library Services Act (20 U.S.C. 9121 et 
     seq.) is amended to read as follows:

            ``Subtitle B--Library Services and Technology''.

       (d) Subtitle C Heading.--The subtitle heading for subtitle 
     C of the Museum and Library Services Act (20 U.S.C. 9171 et 
     seq.) is amended to read as follows:

                    ``Subtitle C--Museum Services''.

       (e) Contributions.--Section 208 of the Museum and Library 
     Services Act (20 U.S.C. 9106) (as redesignated by section 104 
     of this Act) is amended by striking ``property of services'' 
     and inserting ``property or services''.
       (f) State Plan Contents.--Section 224(b)(5) of the Library 
     Services and Technology Act (20 U.S.C. 9134(b)(5)) is amended 
     by striking ``and'' at the end.
       (g) National Leadership Grants, Contracts, or Cooperative 
     Agreements.--Section 262(b)(1) of the Library Services and 
     Technology Act (20 U.S.C. 9162(b)(1)) is amended by striking 
     ``cooperative agreements, with,'' and inserting ``cooperative 
     agreements with,''.

     SEC. 502. CONFORMING AMENDMENT.

       Section 170(e)(6)(B)(i)(III) of the Internal Revenue Code 
     of 1986 (relating to the special rule for contributions of 
     computer technology and equipment for educational purposes) 
     is amended by striking ``section 213(2)(A) of the Library 
     Services and Technology Act (20 U.S.C. 9122(2)(A)'' and 
     inserting ``section 213(1)(A) of the Library Services and 
     Technology Act (20 U.S.C. 9122(1)(A))''.

     SEC. 503. REPEALS.

       (a) National Commission on Libraries and Information 
     Science Act.--Section 5 of the National Commission on 
     Libraries and Information Science Act (20 U.S.C. 1504) is 
     amended by striking subsections (b) and (c) and redesignating 
     subsections (d), (e), and (f) as subsections (b), (c), and 
     (d), respectively.
       (b) Museum and Library Services Act of 1996.--Sections 704 
     through 707 of the Museum and Library Services Act of 1996 
     (20 U.S.C. 9102 note, 9103 note, and 9105 note) are repealed.

     SEC. 504. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on 
     October 1, 2002.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 2612. A bill to establish wilderness areas, promote conservation, 
improve public land and provide for high quality development in Clark 
County, Nevada, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. REID. Mr. President, today I rise with my good friend Senator 
Ensign to introduce a bill that is important to Las Vegas, important to 
Clark County, important to Nevada, and important to America. The Clark 
County Conservation of Public Land and Natural Resources Act of 2002, 
known as the Clark County Conservation PLAN, provides a solution for 
southern Nevada's growth and conservation challenges.
  The Clark County Conservation PLAN balances the needs for 
infrastructure development, recreational opportunities, and 
conservation of our precious natural resources in southern Nevada.
  Our bill is a broad-based compromise. We do not expect everyone to 
advocate every provision of this bill. Indeed, we know that many people 
will oppose various components of our legislation. The complaints we 
receive will reflect the tendency for people to fear change, protect 
the status quo, and miss the forest for the trees in this case, the 
Joshua trees.

[[Page S5376]]

  Before I discuss each title of the Clark County Conservation PLAN, I 
will take a few moments to describe the profound challenge that public 
land issues pose for Nevada. 87 percent of the land in Nevada, that is 
nearly 9 out of every 10 acres in our State, is owned and managed by 
the Federal Government. This includes land managed by the U.S. Forest 
Service, the Bureau of Reclamation, the Bureau of Land Management, the 
Department of Energy, the National Park Service, the Fish and Wildlife 
Service, the U.S. Army, the U.S. Navy, and the U.S. Air Force.
  The Secretaries of Interior, Agriculture, Defense and Energy bear 
tremendous responsibilities for the management, development, and 
conservation of natural resources in Nevada. Unlike most of America 
where land use decisions are made by communities, in Nevada, many land 
use decisions require concurrence of Federal officials and, in some 
cases, the passage of Federal laws. This is a circumstance that very 
few Senators understand from experience, but I know that my colleagues 
can imagine the tremendous challenge inherent in this system regardless 
of the State they represent.
  The challenge of Federal land ownership is not unique to Nevada, in 
fact it characterizes much of the West. However, this situation is 
compounded in Clark County where the fastest growing population in 
America springs from the heart of one of the most extreme and fragile 
regions in North America, the Mojave Desert.
  Many people believe that this scenario embodies an impossible 
challenge. Some believe that guiding growth in Southern Nevada and 
protecting our desert for future generations are mutually exclusive. 
Some believe that protecting our air and water quality and setting 
aside some open space as wilderness are overly costly barriers to 
growth that unnecessarily restrict recreation and development. Some 
believe that the Federal Government's management of public land is too 
strict; others believe it is too lenient. Some believe that every acre 
of Clark County should be privatized. Some believe that not a single 
acre more should be auctioned from the public domain. As different as 
these views are, what they have in common is that they are passionately 
held by Nevadans.
  By describing the fundamental context within which Senator Ensign and 
I are working, I hope I have demonstrated why compromise is not just 
necessary but warranted. We fully expect to be criticized for what this 
bill is not, for example it does not designate all of the 2 million 
acres in Clark County that the Nevada Wilderness Coalition advocates 
nor does it release all the wilderness study areas in Nevada as others 
advocate. We do not need to apologize for this compromise, rather we 
will advocate for what it is, a fair-minded, forward-looking framework 
for the future development and protection of public land in Clark 
County.
  The Clark County Conservation PLAN reflects three complementary 
goals: 1. Enhancing our quality of life; 2. Protecting our environment 
for our children and grandchildren; and 3. Making public land available 
for quality development consistent with these two principles.
  The remainder of my statement today will explain how the Clark County 
Conservation PLAN will improve the quality of life and enhance economic 
opportunities for Nevadans while enriching and protecting the awe-
inspiring natural resources that bless southern Nevada for the benefit 
of future generations of Nevadans and all Americans.
  When Congress passed the Southern Nevada Public Lands Management Act 
in 1998, we made the decision that it was in the public interest to 
transition away from Federal-private land exchanges and competitively 
auction those parcels of land deemed by the BLM to be disposable. This 
decision has proven to be quite effective and fair and likely 
represents the future of land privatization in Nevada and the West. 
However, at the time the law was enacted, Congress did contemplate that 
a limited number of ongoing land exchanges would be completed. One of 
these exchanges is familiarly known as the Red Rock Canyon Howard 
Hughes exchange. This exchange would be completed by Title I of the 
Clark County Conservation PLAN.
  In the Red Rock Exchange, the Bureau of Land Management will acquire 
roughly 1,070 acres of land owned by the Howard Hughes Corporation. 
This land forms promontories above the gently-sloping bajada in the 
foothills of the La Madre Mountains on the western border of the Red 
Rock Canyon National Conservation Area. This acreage affords 
spectacular views of the Las Vegas Valley but development there would 
degrade the Red Rock NCA and diminish the beauty of the view from Las 
Vegas to the west, a view many Las Vegans treasure.
  This bill provides that the lands I have described will become part 
of the Red Rock NCA once acquired by the federal government. In 
exchange for the Red Rock lands, the Howard Hughes Corporation will 
receive acreage of equal value, as determined by a government-certified 
appraiser, within the Las Vegas Valley. Finally, the Howard Hughes 
Corporation will convey some of their acquired acreage to Clark County 
for use as a county park and for inclusion in a regional trail system. 
As I mentioned earlier, this proposal has been around for a number of 
years and enjoys unusually broad support ranging from the County to the 
environmental community. The time when this exchange should have 
reached completion through the administrative process has long since 
passed and a legislative resolution is now in order.

  Nevada has nearly 100 wilderness study areas on Federal land across 
the State. These areas, which are primarily owned by the Bureau of Land 
Management, are managed to protect wilderness character of the lands 
under current law. These areas remain as de facto wilderness until 
Congress passes a bill changing wilderness study status by either 
designating the land as wilderness or releasing the land from 
wilderness study area consideration.
  Although there is broad support for addressing Nevada's wilderness 
study areas through federal legislation, there is no consensus 
regarding how to do so. Those who advocate for wilderness designation 
and those who oppose further additions to the wilderness system hold 
strong and, in many cases, irreconcilable views on this issue.
  Those of us who wrote this bill likewise hold different views 
regarding wilderness. In developing the wilderness component of this 
bill, Senator Ensign, Congressman Gibbons and I made compromises that 
will likely cause heartburn for all interested parties. We believe, 
however, that this is a critical step toward addressing the outstanding 
wilderness study issues in the state of Nevada. Our bill designates 
wilderness and releases wilderness study areas. It creates 20 
wilderness areas: 6 managed by the BLM; 4 jointly managed by the Park 
Service and BLM; 7 managed by the Park Service; and 3 jointly managed 
by the BLM and the Forest Service
  In addition to the wilderness described earlier, our bill releases 
from wilderness study area status acreage associated with each of the 
BLM and forest service areas we address. In fact, we release three BLM 
study areas in their entirety. Two of these areas will eventually 
accommodate growth at the north end of the Las Vegas Valley and help 
provide jobs for decades into the future. These lands might be 
conservatively valued at about $1 billion.
  We have provided for wilderness management protocols that address the 
particular circumstances of southern Nevada. For example, we explicitly 
require the Secretary of the Interior to allow for the construction, 
maintenance and replacement of water catchments known as guzzlers when 
and where that action will enhance wilderness wildlife resources. In 
addition, we believe that the use of motor vehicles should be allowed 
to achieve these purposes when there is no reasonable alternative and 
it does not require the creation of new roads.
  Some wilderness purists argue that these man-made guzzler tanks 
disturb the naturally functioning ecosystems of the Mojave Desert. I 
respect this view, but I believe that these water projects actually 
help restore more natural function to ecosystems that have been forever 
fragmented by development including roads. These projects which are 
privately funded by dedicated sportsmen have a legitimate place in 
southern Nevada wilderness and this bill is clear on that point.

[[Page S5377]]

  In our effort to create a fair wilderness designation, we have 
benefitted from the advice and suggestions of many Nevadans 
representing a range of views. These advocates include the Nevada Land 
Users Coalition, The Sierra Club, The Virgin Valley Sportsmen's 
Association, The Nevada Wilderness Project, The Fraternity of Desert 
Bighorns, the Nevada Mining Association, Red Rock Audubon, and Partners 
in Conservation, to name just a few. We appreciate their help and 
believe that this compromise honors our commitment to listen carefully 
to all parties. We are also grateful for the help we have received from 
the Federal land managers in Clark County and look forward to working 
with them to improve this bill to help make their jobs easier and the 
public experience on public land better.
  Early in the development of this bill we decided not to address 
wilderness issues within the Desert National Wildlife Range. I 
recognize that this is a major disappointment to many in the 
environmental community who view the wilderness resources in the Range 
as some of the best in the Mojave Desert. Wilderness in the Range is, 
however, beyond the scope of this bill.
  The Clark County Conservation PLAN does transfer the management 
responsibility of three wilderness study areas, totaling more than 
49,000 acres, from the Bureau of Land Management to the Fish and 
Wildlife Service. These areas lie between State Highway 93 and the 
Range so this transfer helps rationalize the federal land ownership 
pattern in northern Clark County.
  In addition, this bill transfers a small parcel of land from the 
Bureau of Land Management to the National Park Service for use as an 
administrative site on the road between Searchlight and Cottonwood 
Cove. This transfer will save taxpayer dollars by allowing the Park 
Service to consolidate two planned administrative sites into one and 
manage the Lake Mead National Recreation Area more effectively.
  When Congress passed the Southern Nevada Public Lands Management Act 
of 1998, it established a new paradigm for the sale of public lands in 
Clark County, Nevada. One of the core principles of this new way of 
doing business was that the proceeds from the sale of Federal lands 
should be reinvested in federal, state, and local environmental 
protection and recreational enhancements in the state in which the 
lands are sold.
  The Clark County Conservation PLAN Act modifies the Southern Nevada 
Public Lands Management Act and expands the so-called Las Vegas valley 
disposal boundary. This expansion will make an additional 25,000 acres 
of BLM land available for auction and development years into the 
future. The proceeds from the sale of this Federal land will continue 
to accrue to the Southern Nevada Public Lands Special Account and be 
invested in the purchase of environmentally sensitive land, the 
development of Federal land infrastructure, the implementation of the 
Clark County Multi-Species Habitat Conservation Plan, and 
local government open space, recreation and conservation projects. Our 
bill further provides that at least one-quarter of the Special Account 
be dedicated to the last of these purposes.

  One of the most important infrastructure issues facing southern 
Nevada is siting a new international airport. The County's preferred 
and likely site is in a dry lake bed between Jean and Primm, Nevada 
south of the Las Vegas Valley in the Interstate 15 transportation 
corridor near the California border. Congress made federal land at that 
site available for use as an airport, pending environmental reviews.
  The Clark County Conservation PLAN complements that law in two 
important ways. First, our bill conveys federal land adjacent to the 
proposed airport to the Clark County Airport Authority so that it can 
promote compatible development within the area impacted by the noise of 
the airport. Any proceeds derived from sale of these Airport Authority 
lands would be distributed similarly to lands sold within the Las Vegas 
Valley Disposal Boundary.
  Second, our bill directs the Bureau of Land Management to reserve a 
right-of-way for non-exclusive utility and transportation corridors 
between the Las Vegas valley and the proposed airport. This corridor is 
important because for the new airport to remain economical will require 
significant utility development to come from the north. Our bill does 
not dictate exactly where, when, how, or by whom this infrastructure 
will be developed; it simply reserves land explicitly to serve this 
purpose.
  One of the most precious areas in southern Nevada is a relatively 
non-descript canyon near Henderson. It is an area graced with hundreds 
of wonderful and curious petroglyphs. Under ordinary circumstances, I 
would not reveal the location of this site because public knowledge of 
prehistoric rock art sites commonly leads to their destruction. In this 
case, however, this canyon is in desperate need of protection because 
it is within a short walk of the Las Vegas valley. Similar resources 
elsewhere in the desert Southwest have been destroyed by urban growth 
and lack of intensive management.
  The Clark County Conservation PLAN designates the Sloan petroglyphs 
site and the area that comprises most of its watershed as the North 
McCullough Mountains Wilderness. This wilderness combined with about 
32,000 acres of open space comprises the proposed Sloan Canyon National 
Conservation Area. The NCA and wilderness will provide critical 
protection for the Sloan petroglyphs, preserve open space near 
Henderson's rapidly growing neighborhoods and together represent a 
legacy of cultural and natural resource conservation our grandchildren 
will value dearly one day.
  The sheer number of public lands bill requests Senator Ensign and I 
receive is staggering. If we chose to introduce stand-alone legislation 
to address each legitimate issue that constituents bring to our 
attention, we would create an awkward patchwork of new Federal laws. In 
the Clark County Conservation PLAN, we have attempted to provide a 
comprehensive vision and framework for conservation and development in 
southern Nevada by balancing competing interests.
  The final title of our bill includes a select few of the many 
important public interest land conveyances. For example, we include two 
land grants to further the higher education mission of Nevada's 
university system. One provides land to the UNLV research foundation 
for the development of a technology park. The other provides land for 
the planned Henderson State College.
  We convey a small active shooting range to the Las Vegas Metropolitan 
Police Department for training purposes. We grant a modest parcel of 
land to the City of Las Vegas for the development of affordable 
housing. We provide for the conveyance of the Sunrise Landfill from the 
Bureau of Land Management to Clark County pending completion of the 
environmental clean-up at the site. We convey park and open space land 
to the City of Henderson and provide for a cooperatively managed zone 
comprised of federal land around Henderson Executive airport. These are 
relatively small but important actions that help our communities, law 
enforcement, and educational system better serve southern Nevada.
  The Clark County Conservation PLAN Act that Senator Ensign and I 
introduce today promises a better tomorrow for our public lands in 
southern Nevada, for the more than 1.5 million people who call Clark 
County home, and for the millions of Americans who visit southern 
Nevada every year. This constructive compromise provides land for 
development, land grants for public purposes, wilderness for 
conservation in perpetuity, and a new national conservation area to 
celebrate and protect the wonderful natural and cultural resources of 
the North McCullough Mountains including the Sloan petroglyph site.
  Senator Ensign and I have been working on this bill since he came to 
the Senate a year and a half ago. We are proud of the progress we've 
made together and with Congressman Gibbons and believe that this public 
lands bill should serve as a model for bipartisan cooperation and 
constructive compromise. We look forward to working with Chairman 
Bingaman and the Energy and Natural Resources Committee to perfect this 
bill so that we can enact the Clark County Conservation PLAN into law 
this year.

[[Page S5378]]

  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2612

       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 ``Clark 
     County Conservation of Public Land and Natural Resources Act 
     of 2002''.
       (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--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND 
                          BOUNDARY ADJUSTMENT

Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Red Rock Canyon land exchange.
Sec. 105. Status and management of acquired land.
Sec. 106. General provisions.

                       TITLE II--WILDERNESS AREAS

Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Overflights.
Sec. 206. Native American cultural and religious uses.
Sec. 207. Release of wilderness study areas.
Sec. 208. Wildlife management.
Sec. 209. Wildfire management.
Sec. 210. Climatological data collection.
Sec. 211. Authorization of appropriations.

          TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION

Sec. 301. Transfer of administrative jurisdiction to the United States 
              Fish and Wildlife Service.
Sec. 302. Transfer of administrative jurisdiction to the National Park 
              Service.

 TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT

Sec. 401. Disposal and exchange.

                       TITLE V--IVANPAH CORRIDOR

Sec. 501. Interstate Route 15 south corridor.

           TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA

Sec. 601. Short title.
Sec. 602. Purpose.
Sec. 603. Definitions.
Sec. 604. Establishment.
Sec. 605. Management.
Sec. 606. Sale of Federal parcel.
Sec. 607. Authorization of appropriations.

                 TITLE VII--PUBLIC INTEREST CONVEYANCES

Sec. 701. Definition of map.
Sec. 702. Conveyance to the University of Nevada at Las Vegas Research 
              Foundation.
Sec. 703. Conveyance to the Las Vegas Metropolitan Police Department.
Sec. 704. Conveyance to the city of Henderson for the Nevada State 
              College at Henderson.
Sec. 705. Conveyance to the city of Las Vegas, Nevada.
Sec. 706. Henderson Economic Development Zone.
Sec. 707. Conveyance of Sunrise Mountain landfill to Clark County, 
              Nevada.
Sec. 708. Open space land grants.
Sec. 709. Relocation of right-of-way corridor located in Clark and 
              Lincoln Counties in the State of Nevada.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the Agreement 
     entitled ``Interim Cooperative Management Agreement Between 
     the United States Department of the Interior-Bureau of Land 
     Management and Clark County'', dated November 4, 1992.
       (2) County.--The term ``County'' means Clark County, 
     Nevada.
       (3) Secretary.--The term ``Secretary'' means--
       (A) in the case of land in the National Forest System, the 
     Secretary of Agriculture; and
       (B) in the case of land not in the National Forest System, 
     the Secretary of the Interior.
       (4) State.--The term ``State'' means the State of Nevada.

 TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND 
                          BOUNDARY ADJUSTMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Red Rock Canyon National 
     Conservation Area Protection and Enhancement Act of 2002''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Red Rock Canyon National Conservation Area is a 
     natural resource of major significance to the people of the 
     State and the United States, and must be protected and 
     enhanced for the enjoyment of future generations;
       (2) in 1990, Congress enacted the Southern Red Rock Canyon 
     National Conservation Area Establishment Act of 1990 (16 
     U.S.C. 460ccc et seq.), which provides for the protection and 
     enhancement of the conservation area;
       (3) the Howard Hughes Corporation, which owns much of the 
     private land outside the eastern boundary of the conservation 
     area, is developing a large-scale master-planned community on 
     the land;
       (4) included in the land holdings of the Corporation are 
     1,087 acres of high-ground land adjacent to the eastern edge 
     of the conservation area that were originally intended to be 
     included in the conservation area, but as of the date of 
     enactment of this Act, have not been acquired by the United 
     States;
       (5) the protection of the high-ground land would preserve 
     an important element of the western Las Vegas Valley 
     viewshed; and
       (6) the Corporation is willing to convey title to the high-
     ground land to the United States so that the land can be 
     preserved to protect and expand the boundaries of the 
     conservation area.
       (b) Purposes.--The purposes of this title are--
       (1) to authorize the United States to exchange Federal land 
     for the non-Federal land of the Corporation referred to in 
     subsection (a)(6);
       (2) to protect and enhance the conservation area;
       (3) to expand the boundaries of the conservation area; and
       (4) to carry out the purposes of--
       (A) the Red Rock Canyon National Conservation Area 
     Establishment Act of 1990 (16 U.S.C. 460ccc et seq.); and
       (B) the Southern Nevada Public Land Management Act of 1998 
     (Public Law 105-263; 112 Stat. 2343).

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Conservation area.--The term ``conservation area'' 
     means the Red Rock Canyon National Conservation Area 
     established by section 3(a) of the Red Rock Canyon National 
     Conservation Area Establishment Act of 1990 (16 U.S.C. 
     460ccc-1(a)).
       (2) Corporation.--The term ``Corporation'' means the Howard 
     Hughes Corporation, an affiliate of the Rouse Company, which 
     has its principal place of business at 10000 West Charleston 
     Boulevard, Las Vegas, Nevada.
       (3) Federal parcel.--The term ``Federal parcel'' means the 
     approximately 1000 acres of Federal land in the State 
     proposed to be exchanged for the non-Federal parcel, as 
     depicted on the map.
       (4) Map.--The term ``Map'' means the map entitled 
     ``Southern Nevada Public Land Management Act'', dated June 
     10, 2002.
       (5) Non-federal parcel.--The term ``non-Federal parcel'' 
     means the approximately 1,085 acres of non-Federal land in 
     the State owned by the Corporation that is proposed to be 
     exchanged for the Federal parcel, as depicted on the Map.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 104. RED ROCK CANYON LAND EXCHANGE.

       (a) In General.--The Secretary shall accept an offer of the 
     Corporation to convey all right, title, and interest in the 
     non-Federal parcel to the United States in exchange for the 
     Federal parcel.
       (b) Conveyance.--Not later than 60 days after the date on 
     which the Corporation makes an offer under subsection (a), 
     the Secretary shall convey--
       (1) a portion of the Federal parcel, depicted on the Map as 
     ``Public land selected for exchange'' to the Corporation; and
       (2) subject to subsection (f), a portion of the Federal 
     parcel, depicted on the Map as ``Proposed BLM transfer for 
     County park'', to the County.
       (c) Valuation.--An appraiser approved by the Secretary 
     shall determine--
       (1) the value and exact acreage of the Federal parcel; and
       (2) the value of the non-Federal parcel.
       (d) Timing.--The exchange of the Federal parcel and the 
     non-Federal parcel under this section shall occur 
     concurrently.
       (e) Map.--
       (1) Revision.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a revised 
     map reflecting the modifications to the boundary of the 
     conservation area under this section.
       (2) Public availability.--A copy of the Map and the revised 
     map shall be on file and available for public inspection in--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the State Director of the Bureau of Land 
     Management of the State; and
       (C) the Las Vegas District Office of the Bureau of Land 
     Management.
       (3) Technical corrections.--The Secretary may correct 
     clerical and typographical errors in the Map and the revised 
     map.
       (f) Land Transferred to County.--
       (1) In general.--The portion of the Federal parcel conveyed 
     to the County under subsection (b)(2) shall be used by the 
     County as--
       (A) a public park; or
       (B) part of a public regional trail system.
       (2) Reversion.--The portion of the Federal parcel conveyed 
     to the County shall revert to the United States if the 
     County--
       (A) transfers, or attempts to transfer, the portion of the 
     Federal parcel; or
       (B) uses the portion of the Federal parcel in a manner 
     inconsistent with paragraph (1).

     SEC. 105. STATUS AND MANAGEMENT OF ACQUIRED LAND.

       (a) Administration.--The non-Federal parcel acquired by the 
     United States in the land

[[Page S5379]]

     exchange under section 104 shall be added to, and 
     administered by the Secretary as part of, the conservation 
     area in accordance with--
       (1) the Red Rock Canyon National Conservation Area 
     Establishment Act of 1990 (16 U.S.C. 460ccc et seq.);
       (2) the Southern Nevada Public Land Management Act of 1998 
     (Public Law 105-263; 112 Stat. 2343); and
       (3) other applicable law.
       (b) Boundary Adjustment.--If any part of the non-Federal 
     parcel acquired under section 104 lies outside the boundary 
     of the conservation area, the Secretary--
       (1) shall adjust the boundary of the conservation area to 
     include that part of the non-Federal parcel; and
       (2) shall prepare a map depicting the boundary adjustment, 
     which shall be on file and available for public inspection in 
     accordance with section 104(e)(2).
       (c) Conforming Amendment.--Section 3(a)(2) of the Red Rock 
     Canyon National Conservation Area Establishment Act of 1990 
     (16 U.S.C. 460ccc-1(a)(2)) is amended by inserting before the 
     period at the end the following: ``and such additional areas 
     as are included in the conservation area under the Red Rock 
     Canyon National Conservation Area Protection and Enhancement 
     Act of 2002, the exact acreage of which shall be determined 
     by a final appraisal conducted by an appraiser approved by 
     the Secretary''.

     SEC. 106. GENERAL PROVISIONS.

       (a) Valid Existing Rights.--Each conveyance under section 
     104 shall be subject to valid existing rights, leases, 
     rights-of-way, and permits.
       (b) Withdrawal of Affected Land.--Subject to valid existing 
     rights, the Secretary may withdraw the Federal parcel from 
     operation of the public land laws (including mining laws).

                       TITLE II--WILDERNESS AREAS

     SEC. 201. FINDINGS.

       Congress finds that--
       (1) public land in the County contains unique and 
     spectacular natural resources, including--
       (A) priceless habitat for numerous species of plants and 
     wildlife; and
       (B) thousands of acres of pristine land that remain in a 
     natural state; and
       (2) continued preservation of those areas would benefit the 
     County and all of the United States by--
       (A) ensuring the conservation of ecologically diverse 
     habitat;
       (B) conserving primitive recreational resources; and
       (C) protecting air and water quality.

     SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--The following land in the State is 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Arrow canyon wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     27,495 acres, as generally depicted on the map entitled 
     ``Arrow Canyon'', dated June 5, 2002, which shall be known as 
     the ``Arrow Canyon Wilderness''.
       (2) Black canyon wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area and an adjacent 
     portion of Federal land managed by the Bureau of Land 
     Management, comprising approximately 17,220 acres, as 
     generally depicted on the map entitled ``El Dorado/Spirit 
     Mountain'', dated June 10, 2002, which shall be known as the 
     ``Black Canyon Wilderness''.
       (3) Black mountain wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 14,625 acres, as generally depicted on the map 
     entitled ``Muddy Mountains'', dated June 5, 2002, which shall 
     be known as the ``Black Mountain Wilderness''.
       (4) Bridge canyon wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 7,761 acres, as generally depicted on the map 
     entitled ``El Dorado/Spirit Mountain'', dated June 10, 2002, 
     which shall be known as the ``Bridge Canyon Wilderness''.
       (5) El dorado wilderness.--Certain Federal land within the 
     Lake Mead National Recreation Area and an adjacent portion of 
     Federal land managed by the Bureau of Land Management, 
     comprising approximately 31,950 acres, as generally depicted 
     on the map entitled ``El Dorado/Spirit Mountain'', dated June 
     10, 2002, which shall be known as the ``El Dorado 
     Wilderness''.
       (6) Hamblin mountain wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area, comprising 
     approximately 17,047 acres, as generally depicted on the map 
     entitled ``Muddy Mountains'', dated June 5, 2002, which shall 
     be known as the ``Hamblin Mountain Wilderness''.
       (7) Ireteba peaks wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area and an adjacent 
     portion of Federal land managed by the Bureau of Land 
     Management, comprising approximately 31,321 acres, as 
     generally depicted on the map entitled ``El Dorado/Spirit 
     Mountain'', dated June 10, 2002, which shall be known as the 
     ``Ireteba Peaks Wilderness''.
       (8) Jimbilnan wilderness.--Certain Federal land within the 
     Lake Mead National Recreation Area, comprising approximately 
     18,879 acres, as generally depicted on the map entitled 
     ``Muddy Mountains'', dated June 5, 2002, which shall be known 
     as the ``Jimbilnan Wilderness''.
       (9) Jumbo springs wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     4,631 acres, as generally depicted on the map entitled ``Gold 
     Butte'', dated June 5, 2002, which shall be known as the 
     ``Jumbo Springs Wilderness''.
       (10) La madre mountain wilderness.--Certain Federal land 
     within the Toiyabe National Forest and an adjacent portion of 
     Federal land managed by the Bureau of Land Management, 
     comprising approximately 46,634 acres, as generally depicted 
     on the map entitled ``Spring Mountains'', dated June 5, 2002, 
     which shall be known as the ``La Madre Mountain Wilderness''.
       (11) Lime canyon wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     16,710 acres, as generally depicted on the map entitled 
     ``Gold Butte'', dated June 5, 2002, which shall be known as 
     the ``Lime Canyon Wilderness''.
       (12) Mt. charleston wilderness additions.--Certain Federal 
     land within the Toiyabe National Forest and an adjacent 
     portion of Federal land managed by the Bureau of Land 
     Management, comprising approximately 13,598 acres, as 
     generally depicted on the map entitled ``Spring Mountains'', 
     dated June 5, 2002, which shall be included in the Mt. 
     Charleston Wilderness.
       (13) Muddy mountains wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area and an adjacent 
     portion of land managed by the Bureau of Land Management, 
     comprising approximately 48,019 acres, as generally depicted 
     on the map entitled ``Muddy Mountains'', dated June 5, 2002, 
     which shall be known as the ``Muddy Mountains Wilderness''.
       (14) Nellis wash wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 16,423 acres, as generally depicted on the map 
     entitled ``El Dorado/Spirit Mountain'', dated June 10, 2002, 
     which shall be known as the ``Nellis Wash Wilderness''.
       (15) North mccullough wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 14,763 acres, as generally depicted on the map 
     entitled ``McCulloughs'', dated June 10, 2002, which shall be 
     known as the ``North McCullough Wilderness''.
       (16) Pine creek wilderness.--Certain Federal land within 
     the Toiyabe National Forest and an adjacent portion of 
     Federal land managed by the Bureau of Land Management, 
     comprising approximately 25,375 acres, as generally depicted 
     on the map entitled ``Spring Mountains'', dated June 5, 2002, 
     which shall be known as the ``Pine Creek Wilderness''.
       (17) Pinto valley wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area and an adjacent 
     portion of Federal land managed by the Bureau of Land 
     Management, comprising approximately 6,912 acres, as 
     generally depicted on the map entitled ``Muddy Mountains'', 
     dated June 5, 2002, which shall be known as the ``Pinto 
     Valley Wilderness''.
       (18) South mccullough wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 44,245 acres, as generally depicted on the map 
     entitled ``McCulloughs'', dated June 10, 2002, which shall be 
     known as the ``South McCullough Wilderness''.
       (19) Spirit mountain wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area and an adjacent 
     portion of Federal land managed by the Bureau of Land 
     Management, comprising approximately 34,261 acres, as 
     generally depicted on the map entitled ``El Dorado/Spirit 
     Mountain'', dated June 10, 2002, which shall be known as the 
     ``Spirit Mountain Wilderness''.
       (20) Wee thump joshua tree wilderness.--Certain Federal 
     land managed by the Bureau of Land Management, comprising 
     approximately 6,050 acres, as generally depicted on the map 
     entitled ``McCulloughs'', dated June 10, 2002, which shall be 
     known as the ``Wee Thump Joshua Tree Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area designated by subsection (a) that is bordered by Lake 
     Mead, Lake Mohave, or the Colorado River shall be 300 feet 
     inland from the high water line.
       (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 designated by 
     subsection (a) with the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (2) Effect.--Each map and legal description shall have the 
     same force and effect as if included in this section, except 
     that the Secretary may correct clerical and typographical 
     errors in the map or legal description.
       (3) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the State Director of the Bureau of Land 
     Management of the State;
       (C) the Las Vegas District Office of the Bureau of Land 
     Management;
       (D) the Office of the Director of the National Park 
     Service; and
       (E) the Office of the Chief of the Forest Service.

     SEC. 203. ADMINISTRATION.

       (a) Wilderness Area Administration.--Subject to valid 
     existing rights, including

[[Page S5380]]

     rights to access the area, each area designated as wilderness 
     by this title shall be administered by the Secretary in 
     accordance with the provisions of the Wilderness Act (16 
     U.S.C. 1131 et seq.) governing areas designated by that Act 
     as wilderness, except that any reference in the provisions to 
     the effective date shall be considered to be a reference to 
     the date of enactment of this Act.
       (b) Livestock.--Within the wilderness areas designated 
     under this title, the grazing of livestock in areas in which 
     grazing is allowed on the date of enactment of this Act shall 
     be allowed to continue subject to such reasonable 
     regulations, policies, and practices that--
       (1) the Secretary considers necessary; and
       (2) conform to and implement the intent of Congress 
     regarding grazing in those areas as such intent is expressed 
     in--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (B) section 101(f) of the Arizona Desert Wilderness Act of 
     1990 (104 Stat. 4473); and
       (C) Appendix A of House Report No. 101-405 of the 101st 
     Congress.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of an area 
     designated as wilderness by this title 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 within which the acquired land or interest in land is 
     located.
       (d) Air Quality Designation.--Notwithstanding sections 162 
     and 164 of the Clean Air Act (42 U.S.C. 7472, 7474), any 
     wilderness area designated under this title shall retain a 
     Class II air quality designation and may not be redesignated 
     as Class I.

     SEC. 204. ADJACENT MANAGEMENT.

       (a) In General.--Congress does not intend for the 
     designation of wilderness in the State pursuant to this title 
     to lead to the creation of protective perimeters or buffer 
     zones around any such wilderness area.
       (b) Nonwilderness Activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness designated under this title shall not preclude the 
     conduct of those activities or uses outside the boundary of 
     the wilderness area.

     SEC. 205. OVERFLIGHTS.

       Nothing in this title restricts or precludes--
       (1) overflights, including low-level overflights, over the 
     areas designated as wilderness by this title, 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.

     SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       In recognition of the past use of portions of the areas 
     designated as wilderness by this title by Native Americans 
     for traditional cultural and religious purposes, the 
     Secretary shall ensure, from time to time, nonexclusive 
     access by Native Americans to the areas for those purposes, 
     including wood gathering for personal use and the collecting 
     of plants or herbs.

     SEC. 207. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     sections 202 and 603 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1782), the public 
     land in the County administered by the Bureau of Land 
     Management and the Forest Service in the following areas have 
     been adequately studied for wilderness designation:
       (1) The Garrett Buttes Wilderness Study Area.
       (2) The Quail Springs Wilderness Study Area.
       (3) The Nellis A,B,C Wilderness Study Area.
       (4) Any portion of the wilderness study areas--
       (A) not designated as wilderness by section 202(a); and
       (B) designated for release on--
       (i) the map entitled ``Muddy Mountains'' and dated June 5, 
     2002;
       (ii) the map entitled ``Spring Mountains'' and dated June 
     5, 2002;
       (iii) the map entitled ``Arrow Canyon'' and dated June 5, 
     2002;
       (iv) the map entitled ``Gold Butte'' and dated June 5, 
     2002;
       (v) the map entitled ``McCullough Mountains'' and dated 
     June 10, 2002;
       (vi) the map entitled ``El Dorado/Spirit Mountain'' and 
     dated June 10, 2002; or
       (vii) the map entitled ``Southern Nevada Public Land 
     Management Act'' and dated June 10, 2002.
       (b) Release.--Except as provided in subsection (c), any 
     public land described in subsection (a) that is not 
     designated as wilderness by this title--
       (1) shall not be subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (2) shall be managed in accordance with--
       (A) land management plans adopted under section 202 of that 
     Act (43 U.S.C. 1712); and
       (B) the Clark County Multi-Species Habitat Conservation 
     Plan, including any amendments to the plan.
       (c) Land Not Released.--The following land is not released 
     from the wilderness study requirements of sections 202 and 
     603 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712, 1782):
       (1) Meadow Valley Mountains Wilderness Study Area.
       (2) Million Hills Wilderness Study Area.
       (3) Mt. Stirling Wilderness Study Area.
       (4) Mormon Mountains Wilderness Study Area.
       (5) Sunrise Mountain Instant Study Area.
       (6) Virgin Mountain Instant Study Area.
       (d) Right-of-Way Grants.--
       (1) Sunrise mountain.--
       (A) In general.--To facilitate energy security and the 
     timely delivery of new energy supplies to the States of 
     Nevada and California and the Southwest, notwithstanding 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the Secretary shall issue to the 
     State-regulated sponsor of the Centennial Project a right-of-
     way grant for the construction and maintenance of 2 500-
     kilovolt electrical transmission lines.
       (B) Location.--The transmission lines described in 
     subparagraph (A) shall be constructed within the 1,400-foot-
     wide utility right-of-way corridor in the Sunrise Mountain 
     Instant Study Area in the County.
       (2) Meadow valley mountains wilderness study area.--The 
     Secretary shall issue to the developers of the proposed 
     Meadow Valley generating project a right-of-way grant for the 
     construction and maintenance of electric and water 
     transmission lines in the Meadow Valley Mountains Wilderness 
     Study Area in Clark and Lincoln Counties in the State.

     SEC. 208. WILDLIFE MANAGEMENT.

       (a) In General.--The Secretary shall conduct such 
     management activities as are necessary to maintain or restore 
     fish and wildlife populations and fish and wildlife habitats 
     in the areas designated as wilderness by this title.
       (b) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary shall permit hunting, 
     fishing, and trapping on land and water in wilderness areas 
     designated by this title in accordance with applicable 
     Federal and State laws.
       (2) Limitations.--
       (A) Regulations.--The Secretary may designate by regulation 
     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 designated by this title.
       (B) Consultation.--Except in emergencies, the Secretary 
     shall consult with, and obtain the approval of, the 
     appropriate State agency before promulgating regulations 
     under subparagraph (A) that close a portion of the wilderness 
     areas to hunting, fishing, or trapping.
       (c) Motorized Vehicles.--
       (1) In general.--The Secretary shall authorize the 
     occasional and temporary use of motorized vehicles in the 
     wilderness areas, including the uses described in paragraph 
     (2), if the use of motorized vehicles would--
       (A) as determined by the Secretary, enhance wilderness 
     values by promoting healthy, viable, and more naturally 
     distributed wildlife populations and other natural resources; 
     and
       (B) accomplish the purposes for which the use is authorized 
     while causing the least amount of damage to the wilderness 
     areas, as compared with the alternatives.
       (2) Authorized uses.--The uses referred to in paragraph (1) 
     include--
       (A) the use of motorized vehicles by--
       (i) a State agency responsible for fish and wildlife 
     management; or
       (ii) a designee of such a State agency;
       (B) the use of aircraft to survey, capture, transplant, and 
     monitor wildlife populations;
       (C) when necessary to protect or rehabilitate natural 
     resources in the wilderness areas, access by motorized 
     vehicles for the--
       (i) repair, maintenance, and reconstruction of water 
     developments, including guzzlers, in existence on the date of 
     enactment of this Act; and
       (ii) the installation, repair, maintenance, and 
     reconstruction of new water developments, including guzzlers; 
     and
       (D) the use of motorized equipment, including aircraft, to 
     manage and remove, as appropriate, feral stock, feral horses, 
     and feral burros.
       (d) Wildlife Water Development Projects.--The Secretary 
     shall authorize the construction of structures and facilities 
     for wildlife water development projects, including guzzlers, 
     in the wilderness areas designated by this title if--
       (1) the construction activities 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 construction activities on 
     the wilderness areas can reasonably be minimized.
       (e) Buffer.--A road in the State that is bordered by a 
     wilderness area designated by this title shall include a 
     buffer on each side of the road that is the greater of--
       (1) 100 feet wide; or
       (2) the width of the buffer on the date of enactment of 
     this Act.
       (f) Effect.--Nothing in this title diminishes the 
     jurisdiction of the State with respect to fish and wildlife 
     management, including regulation of hunting and fishing on 
     public land in the State.

[[Page S5381]]

     SEC. 209. WILDFIRE MANAGEMENT.

       Nothing in this title precludes a Federal, State, or local 
     agency from conducting wildfire management operations 
     (including operations using aircraft or mechanized equipment) 
     to manage wildfires in the wilderness areas designated by 
     this title.

     SEC. 210. CLIMATOLOGICAL DATA COLLECTION.

       Subject to such terms and conditions as the Secretary may 
     prescribe, nothing in this title precludes the installation 
     and maintenance of hydrologic, meteorologic, or 
     climatological collection devices in the wilderness areas 
     designated by this title if the facilities and access to the 
     facilities are essential to flood warning, flood control, and 
     water reservoir operation activities.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

          TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION

     SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE 
                   UNITED STATES FISH AND WILDLIFE SERVICE.

       (a) In General.--The Secretary of the Interior shall 
     transfer to the United States Fish and Wildlife Service 
     administrative jurisdiction over the parcel of land described 
     in subsection (b) for inclusion in the Desert National 
     Wildlife Range.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 49,817 acres of Bureau of 
     Land Management land, as depicted on the map entitled ``Arrow 
     Canyon'' and dated June 5, 2002.
       (c) Wilderness Release.--
       (1) Finding.--Congress finds that the parcel of land 
     described in subsection (b) has been adequately studied for 
     wilderness designation for the purposes of section 603(c) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782(c)).
       (2) Release.--The parcel of land described in subsection 
     (b)--
       (A) shall not be subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (B) shall be managed in accordance with--
       (i) land management plans adopted under section 202 of that 
     Act (43 U.S.C. 1712); and
       (ii) the Clark County Multi-Species Habitat Conservation 
     Plan.
       (d) Use of Land.--To the extent not prohibited by Federal 
     or State law, the parcel of land described in subsection (b) 
     shall be available for the extraction of mineral resources.

     SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE 
                   NATIONAL PARK SERVICE.

       (a) In General.--The Secretary of the Interior shall 
     transfer to the National Park Service administrative 
     jurisdiction over the parcel of land described in subsection 
     (b) for inclusion in the Lake Mead National Recreation Area.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 10 acres of Bureau of 
     Land Management land, as depicted on the map entitled ``El 
     Dorado/Spirit Mountain'' and dated June 10, 2002.
       (c) Use of Land.--The parcel of land described in 
     subsection (b) shall be used by the National Park Service for 
     administrative facilities.

 TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT

     SEC. 401. DISPOSAL AND EXCHANGE.

       (a) In General.--Section 4 of the Southern Nevada Public 
     Land Management Act of 1998 (Public Law 105-263; 112 Stat. 
     2344) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``entitled `Las Vegas Valley, Nevada, Land Disposal Map', 
     April 10, 1997'' and inserting ``entitled `Southern Nevada 
     Public Land Management Act', dated June 10, 2002''; and
       (2) in subsection (e)(3)--
       (A) in subparagraph (A)(iv), by inserting ``or regional 
     governmental entity'' after ``local government''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Administration.--Of the amounts available to the 
     Secretary from the special account in any fiscal year 
     (determined without taking into account amounts deposited 
     under subsection (g)(4))--
       ``(i) not more than 25 percent of the amounts may be used 
     in any fiscal year for the purposes described in subparagraph 
     (A)(ii); and
       ``(ii) not less than 25 percent of the amounts may be used 
     in any fiscal year for the purposes described in subparagraph 
     (A)(iv).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on January 31, 2003.

                       TITLE V--IVANPAH CORRIDOR

     SEC. 501. INTERSTATE ROUTE 15 SOUTH CORRIDOR.

       (a) Management of Interstate Route 15 Corridor Land.--
       (1) In general.--The Secretary shall manage the land 
     located along the Interstate Route 15 corridor south of the 
     Las Vegas Valley to the border between the States of 
     California and Nevada, as generally depicted on the map 
     entitled ``Clark County Conservation of Public Land and 
     Natural Resources Act of 2002'' and dated June 10, 2002, in 
     accordance with the Southern Nevada Public Land Management 
     Act of 1998 (Public Law 105-263; 112 Stat. 2343) and this 
     section.
       (2) Availability of map.--The map described in paragraph 
     (1) shall be on file and available for public inspection in--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the State Director of the Bureau of Land 
     Management of the State; and
       (C) the Las Vegas District Office of the Bureau of Land 
     Management.
       (3) Multiple use management.--Subject to any land 
     management designations under the 1998 Las Vegas District 
     Resource Management Plan or the Clark County Multi-Species 
     Conservation Plan, land depicted on the map described in 
     paragraph (1) shall be managed for multiple use purposes.
       (4) Termination of administrative withdrawal.--The 
     administrative withdrawal of the land identified as the 
     ``Interstate 15 South Corridor'' on the map entitled ``Clark 
     County Conservation of Public Land and Natural Resources Act 
     of 2002'' and dated June 10, 2002, from mineral entry dated 
     July 23, 1997, and as amended March 9, 1998, is terminated.
       (5) Transportation and utilities corridor.--Notwithstanding 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary, 
     in accordance with this section and other applicable law and 
     subject to valid existing rights, shall establish a 2,640-
     foot wide corridor between the Las Vegas valley and the 
     proposed Ivanpah Airport for the placement, on a nonexclusive 
     basis, of utilities and transportation.
       (b) Ivanpah Airport Environs Overlay District Land 
     Transfer.--
       (1) In general.--Subject to paragraph (2) and valid 
     existing rights, on request by the County, the Secretary 
     shall transfer to the County, without consideration, all 
     right, title, and interest of the United States in and to the 
     land identified on the map entitled ``Clark County 
     Conservation of Public Land and Natural Resources Act of 
     2002'' and dated June 10, 2002.
       (2) Conditions for transfer.--As a condition of the 
     transfer under paragraph (1), the County shall agree--
       (A) to manage the transferred land in accordance with 
     section 47504 of title 49, United States Code (including 
     regulations promulgated under that section); and
       (B) that if any portion of the transferred land is sold, 
     leased, or otherwise conveyed or leased by the County--
       (i) the sale, lease, or other conveyance shall be--

       (I) subject to a limitation that requires that any use of 
     the transferred land be consistent with the Agreement and 
     section 47504 of title 49, United States Code (including 
     regulations promulgated under that section); and
       (II) for fair market value; and

       (ii) of any gross proceeds received by the County from the 
     sale, lease, or other conveyance of the land, the County 
     shall--

       (I) contribute 85 percent to the special account 
     established by section 4(e)(1)(C) of the Southern Nevada 
     Public Land Management Act of 1998 (Public Law 105-263; 112 
     Stat. 2345);
       (II) contribute 5 percent to the State for use in the 
     general education program of the State; and
       (III) reserve 10 percent for use by the Clark County 
     Department of Aviation for airport development and noise 
     compatibility programs.

       (c) Withdrawal of Land.--
       (1) In general.--Subject to valid existing rights, the 
     corridor described in subsection (a)(5) and the land 
     transferred to the County under subsection (b)(1) are 
     withdrawn from location and entry under the mining laws, and 
     from operation under the mineral leasing and geothermal 
     leasing laws, until such time as--
       (A) the Secretary terminates the withdrawal; or
       (B) the corridor or land, respectively, is patented.
       (2) Areas of critical environmental concern.--Subject to 
     valid existing rights, any Federal land in an area of 
     critical environmental concern that is designated for 
     segregation and withdrawal under the 1998 Las Vegas Resource 
     Management Plan is segregated and withdrawn from the 
     operation of the mining laws in accordance with that plan.

           TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Sloan Canyon National 
     Conservation Area Act''.

     SEC. 602. PURPOSE.

       The purpose of this title is to establish the Sloan Canyon 
     National Conservation Area to conserve, protect, and enhance 
     for the benefit and enjoyment of present and future 
     generations the cultural, archaeological, natural, 
     wilderness, scientific, geological, historical, biological, 
     wildlife, education, and scenic resources of the Conservation 
     Area.

     SEC. 603. DEFINITIONS.

       In this title:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Sloan Canyon National Conservation Area established 
     by section 604(a).
       (2) Federal parcel.--The term ``Federal parcel'' means the 
     parcel of Federal land consisting of approximately 500 acres 
     that is identified as ``Tract A'' on the map entitled 
     ``Southern Nevada Public Land Management Act'' and dated June 
     10, 2002.

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       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area developed under 
     section 605(b).
       (4) Map.--The term ``map'' means the map submitted under 
     section 604(c).

     SEC. 604. ESTABLISHMENT.

       (a) In General.--For the purpose described in section 602, 
     there is established in the State a conservation area to be 
     known as the ``Sloan Canyon National Conservation Area''.
       (b) Area Included.--The Conservation Area shall consist of 
     approximately 47,000 acres of public land in the County, as 
     generally depicted on the map.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a map and legal description of the Conservation Area.
       (2) Effect.--The map and legal description shall have the 
     same force and effect as if included in this section, except 
     that the Secretary may correct minor errors in the map or 
     legal description.
       (3) Public availability.--A copy of the map and legal 
     description shall be on file and available for public 
     inspection in--
       (i) the Office of the Director of the Bureau of Land 
     Management;
       (ii) the Office of the State Director of the Bureau of Land 
     Management of the State; and
       (iii) the Las Vegas District Office of the Bureau of Land 
     Management.

     SEC. 605. MANAGEMENT.

       (a) In General.--The Secretary, acting through the Director 
     of the Bureau of Land Management, shall manage the 
     Conservation Area--
       (1) in a manner that conserves, protects, and enhances the 
     resources of the Conservation Area; and
       (2) in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) other applicable law, including this Act.
       (b) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the State, the city of Henderson, the County, and any other 
     interested persons, shall develop a comprehensive management 
     plan for the Conservation Area.
       (2) Requirements.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area; and
       (B)(i) authorize the use of motorized vehicles in the 
     Conservation Area--
       (I) for installing, repairing, maintaining, and 
     reconstructing water development projects, including 
     guzzlers, that would enhance the Conservation Area by 
     promoting healthy, viable, and more naturally distributed 
     wildlife populations; and
       (II) subject to any limitations that are not more 
     restrictive than the limitations on such uses authorized in 
     wilderness areas under clauses (i) and (ii) of section 
     208(c)(2)(C); and
       (ii) include or provide recommendations on ways of 
     minimizing the visual impacts of such activities on the 
     Conservation Area.
       (c) Use.--The Secretary may allow any use of the 
     Conservation Area that the Secretary determines will further 
     the purpose described in section 602.
       (d) Motorized Vehicles.--Except as needed for 
     administrative purposes or to respond to an emergency, the 
     use of motorized vehicles in the Conservation Area shall be 
     permitted only on roads and trails designated for the use of 
     motorized vehicles by the management plan developed under 
     subsection (b).
       (e) Withdrawal.--
       (1) In general.--Subject to valid existing rights and the 
     right-of-way issued under subsection (h), all public land in 
     the Conservation Area is withdrawn from--
       (A) all forms of entry and appropriation under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Additional land.--Notwithstanding any other provision 
     of law, if the Secretary acquires mineral or other interests 
     in a parcel of land within the Conservation Area after the 
     date of enactment of this Act, the parcel is withdrawn from 
     operation of the laws referred to in paragraph (1) on the 
     date of acquisition of the land.
       (f) Hunting, Fishing, and Trapping.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall permit hunting, fishing, and trapping in the 
     Conservation Area in accordance with applicable Federal and 
     State laws.
       (2) Limitations.--
       (A) Regulations.--The Secretary may designate by regulation 
     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 Conservation Area.
       (B) Consultation.--Except in emergencies, the Secretary 
     shall consult with, and obtain the approval of, the 
     appropriate State agency before promulgating regulations 
     under subparagraph (A) that close a portion of the 
     Conservation Area to hunting, fishing, or trapping.
       (g) No Buffer Zones.--
       (1) In general.--The establishment of the Conservation Area 
     shall not create an express or implied protective perimeter 
     or buffer zone around the Conservation Area.
       (2) Private land.--If the use of, or conduct of an activity 
     on, private land that shares a boundary with the Conservation 
     Area is consistent with applicable law, nothing in this title 
     concerning the establishment of the Conservation Area shall 
     prohibit or limit the use or conduct of the activity.
       (h) Right-of-Way.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall convey to the city 
     of Henderson the public right-of-way requested for rural 
     roadway and public trail purposes under the application 
     numbered N-65874.

     SEC. 606. SALE OF FEDERAL PARCEL.

       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712, 1713) and subject to valid existing rights, not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary shall convey to the highest qualified bidder all 
     right, title, and interest of the United States in and to the 
     Federal parcel.
       (b) Disposition of Proceeds.--Of the gross proceeds from 
     the conveyance of land under subsection (a)--
       (1) 5 percent shall be available to the State for use in 
     the general education program of the State;
       (2) 8 percent shall be deposited in the special account 
     established by section 4(e)(1)(C) of the Southern Nevada 
     Public Land Management Act of 1998 (Public Law 105-263; 112 
     Stat. 2345), to be available without further appropriation 
     for a comprehensive southern Nevada litter cleanup and public 
     awareness campaign; and
       (3) the remainder shall be deposited in the special account 
     described in paragraph (2), to be available to the Secretary, 
     without further appropriation for--
       (A) the construction and operation of facilities at, and 
     other management activities in, the Conservation Area;
       (B) the construction and repair of trails and roads in the 
     Conservation Area authorized under the management plan;
       (C) research on and interpretation of the archaeological 
     and geological resources of Sloan Canyon; and
       (D) any other purpose that the Secretary determines to be 
     consistent with the purpose described in section 602.

     SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

                 TITLE VII--PUBLIC INTEREST CONVEYANCES

     SEC. 701. DEFINITION OF MAP.

       In this title, the term ``map'' means the map entitled 
     ``Southern Nevada Public Land Management Act'' and dated June 
     10, 2002.

     SEC. 702. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS 
                   RESEARCH FOUNDATION.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) the University of Nevada, Las Vegas, needs land in the 
     greater Las Vegas area to provide for the future growth of 
     the university;
       (B) the proposal by the University of Nevada, Las Vegas, 
     for construction of a research park and technology center in 
     the greater Las Vegas area would enhance the high tech 
     industry and entrepreneurship in the State; and
       (C) the land transferred to the Clark County Department of 
     Aviation under section 4(g) of the Southern Nevada Public 
     Land Management Act of 1998 (Public Law 105-263; 112 Stat. 
     2346) is the best location for the research park and 
     technology center.
       (2) Purposes.--The purposes of this section are--
       (A) to provide a suitable location for the construction of 
     a research park and technology center in the greater Las 
     Vegas area;
       (B) to provide the public with opportunities for education 
     and research in the field of high technology; and
       (C) to provide the State with opportunities for competition 
     and economic development in the field of high technology.
       (b) Technology Research Center.--
       (1) Conveyance.--Notwithstanding section 4(g)(4) of the 
     Southern Nevada Public Land Management Act of 1998 (Public 
     Law 105-263; 112 Stat. 2347), the Clark County Department of 
     Aviation may convey, without consideration, all right, title, 
     and interest in and to the parcel of land described in 
     paragraph (2) to the University of Nevada at Las Vegas 
     Research Foundation for the development of a technology 
     research center.
       (2) Description of land.--The parcel of land referred to in 
     paragraph (1) is the parcel of Clark County Department of 
     Aviation land--
       (A) consisting of approximately 115 acres; and
       (B) located in the SW 1/4 of section 33, T. 21 S., R. 60 
     E., Mount Diablo Base and Meridian.

     SEC. 703. CONVEYANCE TO THE LAS VEGAS METROPOLITAN POLICE 
                   DEPARTMENT.

       The Secretary shall convey to the Las Vegas Metropolitan 
     Police Department, without consideration, all right, title, 
     and interest in and to the parcel of land identified as 
     ``Tract F'' on the map for use as a shooting range.

     SEC. 704. CONVEYANCE TO THE CITY OF HENDERSON FOR THE NEVADA 
                   STATE COLLEGE AT HENDERSON.

       (a) Definitions.--In this section:
       (1) Chancellor.--The term ``Chancellor'' means the 
     Chancellor of the University system.

[[Page S5383]]

       (2) City.--The term ``City'' means the city of Henderson, 
     Nevada.
       (3) College.--The term ``College'' means the Nevada State 
     College at Henderson.
       (4) University system.--The term ``University system'' 
     means the University and Community College System of Nevada.
       (b) Conveyance.--
       (1) In general.--Notwithstanding the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
     section 1(c) of the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 
     869(c)), not later than 60 days after the date on which the 
     survey is approved under paragraph (3)(A)(ii), the Secretary 
     shall convey to the City all right, title, and interest of 
     the United States in and to the parcel of Federal land 
     identified as ``Tract H'' on the map for use as a campus for 
     the College.
       (2) Conditions.--
       (A) In general.--As a condition of the conveyance under 
     paragraph (1), the Chancellor and the City shall agree in 
     writing--
       (i) to pay any administrative costs associated with the 
     conveyance, including the costs of any environmental, 
     wildlife, cultural, or historical resources studies;
       (ii) to use the Federal land conveyed for educational and 
     recreational purposes;
       (iii) to release and indemnify the United States from any 
     claims or liabilities which may arise from uses that are 
     carried out on the Federal land on or before the date of 
     enactment of this Act by the United States or any person;
       (iv) to provide to the Secretary, on request, any report, 
     data, or other information relating to the operations of the 
     College that may be necessary, as determined by the 
     Secretary, to determine whether the College is in compliance 
     with this Act;
       (v) as soon as practicable after the date of the conveyance 
     under paragraph (1), to erect at the College an appropriate 
     and centrally located monument that acknowledges the 
     conveyance of the Federal land by the United States for the 
     purpose of furthering the higher education of citizens in the 
     State;
       (vi) to provide information to the students of the College 
     on the role of the United States in the establishment of the 
     College; and
       (vii) to assist the Bureau of Land Management in providing 
     information to the students of the College and the citizens 
     of the State on--

       (I) public land in the State; and
       (II) the role of the Bureau of Land Management in managing, 
     preserving, and protecting the public land.

       (B) Valid existing rights.--The conveyance under paragraph 
     (1) shall be subject to all valid existing rights.
       (3) Use of federal land.--
       (A) In general.--The College and the City may use the land 
     conveyed under paragraph (1) for any purpose relating to the 
     establishment, operation, growth, and maintenance of the 
     College, including the construction, operation, maintenance, 
     renovation, and demolition of--
       (i) classroom facilities;
       (ii) laboratories;
       (iii) performance spaces;
       (iv) student housing;
       (v) administrative facilities;
       (vi) sports and recreational facilities and fields;
       (vii) food service, concession, and related facilities;
       (viii) parks and roads; and
       (ix) water, gas, electricity, phone, Internet, and other 
     utility delivery systems.
       (B) Profitable activities.--The manufacturing, 
     distribution, marketing, and selling of refreshments, books, 
     sundries, College logo merchandise, and related materials on 
     the Federal land for a profit shall be considered to be an 
     educational or recreational use for the purposes of this 
     section, if--
       (i) the profitable activities are reasonably related to the 
     educational or recreational purposes of the College; and
       (ii) any profits are used to further the educational or 
     recreational purposes of the College.
       (C) Other entities.--The College may--
       (i) consistent with Federal and State law, lease or 
     otherwise provide property or space at the College, with or 
     without consideration, to religious, public interest, 
     community, or other groups for services and events that are 
     of interest to the College, the City, or any community 
     located in the Las Vegas Valley;
       (ii) allow the City or any other community in the Las Vegas 
     Valley to use facilities of the College for educational and 
     recreational programs of the City or community; and
       (iii) in conjunction with the City, plan, finance, 
     (including the provision of cost-share assistance), 
     construct, and operate facilities for the City on the Federal 
     land conveyed for educational or recreational purposes 
     consistent with this section.
       (4) Reversion.--
       (A) Notice.--If the Federal land or any portion of the 
     Federal land conveyed under paragraph (1) ceases to be used 
     for the College, the Secretary shall notify the President and 
     the City in writing of the intention of the Secretary to 
     reclaim title to the Federal land or any portion of the 
     Federal land, including any improvements to the Federal land, 
     on behalf of the United States.
       (B) Evidence.--Not later than 180 days after the date of 
     receipt of a notification under subparagraph (A), the 
     President may submit to the Secretary any evidence that the 
     Federal land, or any portion of the Federal land, is being 
     used in accordance with the purposes of this section.
       (C) Purchase by university system.--
       (i) Offer.--Instead of reclaiming title to the Federal land 
     or any portion of the Federal land under this paragraph, the 
     Secretary may allow the University system to obtain title to 
     the Federal land or any portion of the Federal land in 
     exchange for payment by the University system of an amount 
     equal to the fair market value of the land, excluding the 
     value of any improvements, for any portions of the Federal 
     land not being used for the purposes specified in this 
     section.
       (ii) Auction.--If the University system elects not to 
     purchase the Federal land under clause (i)--

       (I) the Federal land shall revert to the United States; and
       (II) the Secretary shall--

       (aa) dispose of the Federal land at public auction for fair 
     market value; and
       (bb) deposit the proceeds of the disposal in accordance 
     with section 4(e)(1) of the Southern Nevada Public Land 
     Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).

     SEC. 705. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the city of Las Vegas, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       (b) Conveyance.--The Secretary shall convey to the City, 
     without consideration, all right, title, and interest of the 
     United States in and to the parcels of land identified as 
     ``Tract C'' and ``Tract D'' on the map.
       (c) Reversion.--If a parcel of land conveyed to the City 
     under subsection (b) ceases to be used for affordable housing 
     or for a purpose related to affordable housing, the parcel 
     shall, if determined to be appropriate by the Secretary, 
     revert to the United States.

     SEC. 706. HENDERSON ECONOMIC DEVELOPMENT ZONE.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the city of Henderson, 
     Nevada.
       (2) Federal land.--The term ``Federal land'' means the 
     parcels of Federal land identified as ``Tract G'' on the map.
       (b) Conveyance.--
       (1) In general.--Subject to paragraph (2) and valid 
     existing rights, on request by the City, the Secretary shall 
     convey to the City, without consideration, all right, title, 
     and interest of the United States in and to the Federal land.
       (2) Conditions.--As a condition of the conveyance of land 
     under paragraph (1), the City shall agree--
       (A) to manage, in consultation with the Clark County 
     Department of Aviation, the land in accordance with section 
     47504 of title 49, United States Code; and
       (B) that if any portion of the Federal land is sold, 
     leased, or otherwise conveyed by the City--
       (i) the sale, lease, or conveyance shall be--

       (I) for the purposes of implementing the economic 
     development goals of the City;
       (II) subject to a requirement that any use of the 
     transferred land be consistent with section 47504 of title 
     49, United States Code; and
       (III) for an amount equal to--

       (aa) at least fair market value; plus
       (bb) as the City determines to be appropriate, any 
     administrative costs of the City relating to the Federal 
     land, including costs--
       (AA) associated with the sale, lease, or conveyance of the 
     Federal land;
       (BB) for planning, engineering, surveying, and subdividing 
     the land; and
       (CC) as the City determines appropriate, for the planning, 
     design, and construction of infrastructure for the economic 
     development zone; and
       (ii) the City shall deposit the proceeds from any sale, 
     lease, or other conveyance of the Federal land, excluding any 
     administrative costs received under item (bb), in accordance 
     with section 4(e)(1) of the Southern Nevada Public Land 
     Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).
       (3) Availability of map.--The map shall be on file and 
     available for public inspection in--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the State Director of the Bureau of Land 
     Management of the State; and
       (C) the Las Vegas District Office of the Bureau of Land 
     Management.
       (4) Reservation for recreational or public purposes.--
       (A) In general.--The City may elect to use 1 or more 
     parcels of Federal land for recreational or public purposes 
     under the Act of June 14, 1926 (commonly known as the 
     ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.).
       (B) Consideration.--If the City makes an election under 
     subparagraph (A), the City shall pay to the Bureau of Land 
     Management an amount determined under that Act.
       (5) Reversion.--A parcel of Federal land shall revert to 
     the United States if--
       (A) a parcel used by the City for local recreational or 
     public purposes under paragraph (4)--
       (i) ceases to be used by the City for such purposes; and
       (ii) is not sold, leased, or conveyed in accordance with 
     paragraph (2)(B); or

[[Page S5384]]

       (B) by the date specified in paragraph (6), the City does 
     not--
       (i) elect to use the parcel for local recreational or 
     public purposes under paragraph (4); or
       (ii) sell, lease, or convey the Federal parcel in 
     accordance with paragraph (2)(B).
       (6) Termination of effectiveness.--The authority provided 
     by this section terminates on the date that is 20 years after 
     the date of enactment of this Act.

     SEC. 707. CONVEYANCE OF SUNRISE MOUNTAIN LANDFILL TO CLARK 
                   COUNTY, NEVADA.

       (a) In General.--Not later than 1 year after the date on 
     which a cleanup of the land identified as ``Tract E'' on the 
     map is completed, the Secretary shall convey to the County, 
     without consideration, all right, title, and interest of the 
     United States in and to the land.
       (b) Survey.--
       (1) In general.--The Secretary shall conduct a survey to 
     determine the exact acreage and legal description of the land 
     to be conveyed under subsection (a).
       (2) Cost.--The County shall be responsible for the cost of 
     the survey conducted under paragraph (1).
       (c) Conditions.--
       (1) In general.--As a condition of the conveyance of the 
     land under subsection (a), the County shall enter into a 
     written agreement with the Secretary that provides that--
       (A) the Secretary shall not be liable for any claims 
     arising from the land after the date of conveyance; and
       (B) the County may use the land conveyed for any purpose.
       (2) Valid existing rights.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conveyance of land under subsection (a) shall be subject 
     to valid existing rights.
       (B) Exception.--On conveyance of the land under subsection 
     (a), the Secretary shall terminate any lease with respect to 
     the land that--
       (i) was issued under the Act of June 14, 1926 (commonly 
     known as the ``Recreation and Public Purposes Act'') (43 
     U.S.C. 869 et seq.); and
       (ii) is in effect on the date of enactment of this Act.
       (d) Waiver of Certain Requirements.--The conveyance of land 
     under subsection (a)--
       (1) shall not require the Secretary to update the 1998 Las 
     Vegas Valley Resource Management Plan; and
       (2) shall not be subject to any law (including a 
     regulation) that limits the acreage authorized to be 
     transferred by the Secretary in any transaction or year.

     SEC. 708. OPEN SPACE LAND GRANTS.

       (a) Conveyance.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
     Secretary shall convey to the city of Henderson, Nevada 
     (referred to in this section as the ``City''), subject to 
     valid existing rights, for no consideration, all right, 
     title, and interest of the United States in and to the parcel 
     of land identified as ``Tract B'' on the map entitled 
     ``McCulloughs'' and dated June 10, 2002.
       (2) Costs.--Any costs relating to the conveyance of the 
     parcel of land under paragraph (1), including costs for a 
     survey and other administrative costs, shall be paid by the 
     City.
       (b) Use of Land.--
       (1) In general.--The parcel of land conveyed to the City 
     under subsection (a)(1) shall be used--
       (A) for the conservation of natural resources;
       (B) for public recreation, including hiking, horseback 
     riding, biking, and birdwatching;
       (C) as part of a regional trail system; and
       (D) for flood control facilities.
       (2) Facilities.--Any facility on the parcel of land 
     conveyed under subsection (a)(1) shall be constructed and 
     managed in a manner consistent with the uses specified in 
     paragraph (1).
       (3) Reversion.--If the parcel of land conveyed under 
     subsection (a)(1) is used in a manner that is inconsistent 
     with the uses specified in paragraph (1), the parcel of land 
     shall, if determined to be appropriate by the Secretary, 
     revert to the United States.
       (c) Wilderness Release.--Congress finds that the parcel of 
     land identified in subsection (a)(1)--
       (1) has been adequately studied for wilderness designation 
     for the purposes of section 603(c) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1782(c)); and
       (2) shall not be subject to the requirements of that 
     section relating to the management of wilderness study areas.

     SEC. 709. RELOCATION OF RIGHT-OF-WAY CORRIDOR LOCATED IN 
                   CLARK AND LINCOLN COUNTIES IN THE STATE OF 
                   NEVADA.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the land 
     exchange agreement between Aerojet-General Corporation and 
     the United States, dated July 13, 1988.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Relocation.--The Secretary shall, without 
     consideration, relocate the right-of-way corridor described 
     in subsection (c) to the area described in subsection (d).
       (c) Description of Right-of-Way Corridor.--The right-of-way 
     corridor referred to in subsection (a) consists of the right-
     of-way corridor--
       (1) numbered U-42519;
       (2) referred to in the patent numbered 27-88-0013 and dated 
     July 18, 1988; and
       (3) more particularly described in section 14(a) of the 
     Agreement.
       (d) Description of Area.--The area referred to in 
     subsection (a) consists of an area--
       (1) 1,000 feet wide; and
       (2) located west of and parallel to the centerline of 
     United States Route 93.

  Mr. ENSIGN. Mr. President, today it is a great privilege and honor 
for me to introduce the Clark County Conservation of Public Land and 
Natural Resources Act of 2002 with my good friend and colleague from 
Nevada, Senator Harry Reid.
  The introduction of this legislation today is the culmination of over 
a year of work. We held public forums in Clark County to solicit the 
input of interested parties. My staff spent many hours with local 
government officials, the environmental community, multiple-use groups, 
utility providers, home developers, sportsmen, and other Nevadans to 
reach a compromise on how we tackle the tough issues we face in Clark 
County. While it is a daunting job to bring Nevadans with opposing 
perspectives together on the controversial topic of wilderness, I 
believe we have achieved a consensus that is good for all citizens in 
Clark County. We will look back 30 years from now and realize how this 
legislation contributed to the quality of life we cherish in southern 
Nevada.
  Because the Federal government manages 87 percent of the land in 
Nevada, the federal presence imposes enormous barriers to land use 
planning in a state that, again, outpaces every other state in 
population growth. I know I speak for many Nevadans when I say that we 
wish we did not have so much federal land within our borders. But the 
reality is that we do, and that this legislation is necessary to plan 
for growth and to set aside our pristine lands for future generations 
to enjoy and visit. In many states, land use planning takes place in 
city council chambers. We do not have that luxury, as we have to obtain 
the consent of the Congress to make some of the most basic decisions. 
Despite those obstacles, Senator Reid and I are putting forward 
legislation that is a model for fast-growing communities struggling to 
balance the equally important goals of environmental protection, 
planned residential and business development, and the allocation of 
scarce resources such as water.
  One of my proudest achievements during my service in the U.S. House 
of Representatives was the enactment of the Southern Nevada Public Land 
Management Act, or what is probably better known in Nevada as the 
Ensign-Bryan bill. Like the legislation Senator Reid and I are 
introducing today, the Ensign-Bryan bill was the product of bipartisan 
cooperation and the spirit of inclusion. Senator Bryan, who deserves 
much credit for that landmark measure, and I hosted a public lands task 
force to identify and propose solutions to the unique problems we faced 
in the Las Vegas Valley. One of the major reforms that came about 
because of the Ensign-Bryan bill was the change in the way public land 
is disposed of in the Las Vegas Valley. We drew a disposal boundary 
around the valley and asked the Bureau of Land Management to auction 
the land to the highest bidder, in consultation with local governments. 
The proceeds of those land auctions millions of dollars have been going 
into a special fund to build parks and trails, acquire environmentally 
sensitive land, initiate capital improvements in our beautiful 
recreation and conservations areas, and maintain the Clark County 
Multi-Species Habitat Conservation Plan. We also allocated funds for 
water infrastructure and to the general education fund of the State of 
Nevada. This legislation continues to encourage orderly growth, 
improves the environment, and benefits the schoolchildren of Nevada.
  Federal land has become so valuable because of the infrastructure 
installed by private developers, local governments, and the taxpayers 
of Nevada. It is because of the phenomenal growth in southern Nevada 
that public land auctions have brought in millions of dollars. Eighty-
five percent of the proceeds from public land auctions in southern 
Nevada are reinvested in environmental projects. So, I would challenge 
those who claim that the federal government is not getting its fair 
share of the proceeds from land sales. In fact,

[[Page S5385]]

the federal government is receiving large sums of money because of the 
value-added infrastructure supported by Nevadans.
  In the Clark County Conservation of Public Lands and Natural 
Resources Act, we build upon the Southern Nevada Public Lands 
Management Act and settle a number of wilderness designations that have 
been pending since 1991. This bill designates 224,000 acres of BLM 
wilderness while it releases 231,000 acres of wilderness study areas. 
In the jurisdiction of the National Park Service adjacent to the 
Colorado River and Lake Mead, 184,000 acres of wilderness are 
designated. In all, 444,000 acres in Clark County will be added to our 
national wilderness preservation system. While the acreage is more than 
supported by a coalition of multiple-use advocates in Nevada, the 
acreage is about one-fifth of the amount requested by the Friends of 
Nevada Wilderness. This compromise is fair.
  I am particularly proud that the bill creates a second National 
Conservation Area in southern Nevada, the Sloan Canyon National 
Conservation Area. Having such a magnificent resource at the edge of 
the City of Henderson will provide countless new recreation 
opportunities for those residents and provide open space that is so 
important to the quality of life in the Las Vegas Valley. I am happy we 
were able to improve the existing Red Rock National Conservation Area 
by adding pristine land to the NCA held by the Howard Hughes 
Corporation.
  An important feature of this legislation I worked to include is the 
creation of a comprehensive Southern Nevada Litter Cleanup Campaign. As 
is the case in many desert communities, there is unfortunately a 
prevalence of discarded trash along our highways and on tracts of 
vacant BLM land within city limits. We must instill an ethic in our 
community and sense of awareness that we cannot continue to treat our 
desert lands as garbage dumps. While I attended college in Oregon, I 
saw how effective the ``Keep Oregon Green'' campaign worked. I am 
certain the same approach can produce results in southern Nevada, and 
that it can be accomplished through the leadership of volunteers, civic 
organizations, environmental groups, and private industry, without the 
bureaucracy. I look forward to leaving to my children a community that 
is much cleaner than the one we have today.
  I worked to include protections in the Clark County Conservation of 
Public Land and Natural Resources so that existing access in wilderness 
is preserved. In addition to reserving motorized access through cherry-
stemmed roads on maps referred to in the bill, we make it clear that 
reasonable access to water developments is permitted in wilderness 
areas. Groups such as the Fraternity of the Big Horn Sheep provide 
critical water to ensure the health of big horn sheep populations in 
southern Nevada. Of course, all valid existing rights are honored 
including grazing and mining. Buffers of at least 100 along each side 
of the road are preserved. We also authorize fire suppression and 
climatological data collection. All in all, reasonable access to 
wilderness has been achieved and I am especially appreciative of 
Senator Reid's flexibility in addressing the concerns of multiple-use 
groups in this regard.

  This legislation ensures Clark County's orderly growth over the next 
several decades through the establishment of educational and research 
institutions, industrial parks, and residential development. The 
original disposal boundary defined in the Ensign-Bryan Act has been 
expanded to accommodate planned growth in Clark County, the City of Las 
Vegas, the City of North Las Vegas, and the City of Henderson. We have 
some of the finest planned communities in the world in southern Nevada 
and I know that the new lands will be showcases for quality living for 
a broad spectrum of Nevadans. The bill sets aside land for the Clark 
County Department of Aviation for the development of the Ivanpah 
Airport south of Las Vegas, the only major international airport in the 
United States that will be constructed from scratch in the next ten 
years. And very importantly, we have opened up an energy corridor that 
will augment Nevada's and the Southwest's electricity needs.
  I also wanted to mention the Clark County Multi-Species Habitat 
Conservation Plan. As the home to many threatened species, Clark County 
has entered into an agreement with the Fish and Wildlife Service so 
that the rapid growth we have been experiencing does not destroy 
critical plant and animal habitats. Senator Reid and I have included 
language to ensure that the MSHCP is not revoked when releasing lands 
from wilderness study status. However, the agreement Senator Reid and I 
reached does not mean that lands will be unavailable for multiple-use 
in the future; we wanted to give Clark County and the Fish and Wildlife 
Service the flexibility they need to amend the MSHCP as circumstances 
warrant, particularly as this legislation is implemented.
  Senator Reid and I went through a spirited campaign for the U.S. 
Senate against each other in 1998. It was a very close race and I 
conceded it by 428 votes. Our friendship is now strong, and I believe 
that this bill is a testament to the fact that legislators from 
different political perspectives can come together for the good of 
their state. It is not easy work to bridge philosophical differences, 
but it can and must be done for the sake of the people we represent.
  I would like to thank Congressman Jim Gibbons for his support of this 
measure in the U.S. House of Representatives. Congressman Gibbons was 
an active participant in the development of this bill, and he offered 
several constructive and good changes to its content. I appreciate very 
much his guidance and assistance.
  Finally, I would like to thank members of my staff who worked hard on 
the development of this bill here in Washington and in Nevada: John 
Lopez, Margot Allen, Julene Haworth, and Mac Bybee are talented 
Nevadans who care very much about Clark County and our great state. I 
also appreciate the input and assistance of Clint Bentley, the tireless 
organizer of the Nevada Land Users Coalition. Clint was an articulate 
and reasoned advocate of multiple use principles and ensured that the 
Nevada Land Users Coalition spoke with one voice during these 
negotiations.
  I look forward to quick passage of the Clark County Conservation of 
Public Lands and Natural Resources in the 107th Congress.

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