[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7958-H7965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  LINCOLN COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT OF 2004

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4593) to establish wilderness areas, promote conservation, 
improve public land, and provide for the high quality development in 
Lincoln County, Nevada, and for other purposes, as amended.
  The Clerk read as follows:


[[Page H7959]]



                               H.R. 4593

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

     SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

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

   TITLE I--LINCOLN COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Lincoln County 
     Conservation, Recreation, and Development Act of 2004''.

                       Subtitle A--Land Disposal

     SEC. 111. DEFINITIONS.

       In this subtitle:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Map.--The term ``map'' means the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Special account.--The term ``special account'' means 
     the special account established under section 113(b)(3).

     SEC. 112. CONVEYANCE OF LINCOLN COUNTY LAND.

       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1712), the Secretary, in cooperation with the County, 
     in accordance with that Act, this subtitle, and other 
     applicable law and subject to valid existing rights, shall 
     conduct sales of--
       (1) the land described in subsection (b)(1) to qualified 
     bidders not later than 75 days after the date of the 
     enactment of this Act; and.
       (2) the land described in subsection (b)(2) to qualified 
     bidders as such land becomes available for disposal.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of--
       (1) the land identified on the map as Tract A and Tract B 
     totaling approximately 13,328 acres; and
       (2) between 87,000-90,000 acres of Bureau of Land 
     Management managed public land in Lincoln County identified 
     for disposal by the BLM either through--
       (A) the Ely Resource Management Plan (intended to be 
     finalized in 2005); or
       (B) a subsequent amendment to that land use plan undertaken 
     with full public involvement.
       (c) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Office of the Bureau of Land Management; 
     and
       (4) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Joint Selection Required.--The Secretary and the County 
     shall jointly select which parcels of land described in 
     subsection (b)(2) to offer for sale under subsection (a).
       (e) Compliance With Local Planning and Zoning Laws.--Before 
     a sale of land under subsection (a), the County shall submit 
     to the Secretary a certification that qualified bidders have 
     agreed to comply with--
       (1) County and city zoning ordinances; and
       (2) any master plan for the area approved by the County.
       (f) Method of Sale; Consideration.--The sale of land under 
     subsection (a) shall be--
       (1) consistent with section 203(d) and 203(f) of the 
     Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) 
     and (f));
       (2) through a competitive bidding process unless otherwise 
     determined by the Secretary; and
       (3) for not less than fair market value.
       (g) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the land described in 
     subsection (b) is withdrawn from--
       (A) all forms of entry and appropriation under the public 
     land laws, including the mining laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws.
       (2) Exception.--Paragraph (1)(A) shall not apply to a 
     competitive sale or an election by the County to obtain the 
     land described in subsection (b) for public purposes under 
     the Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly 
     known as the ``Recreation and Public Purposes Act'').
       (h) Deadline for Sale.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall--
       (A) notwithstanding the Lincoln County Land Act of 2000 
     (114 Stat. 1046), not later than 75 days after the date of 
     the enactment of this title, offer by sale the land described 
     in subsection (b)(1) if there is a qualified bidder for such 
     land; and
       (B) offer for sale annually lands identified for sale in 
     subsection (b)(2) until such lands are disposed of or unless 
     the county requests a postponement under paragraph (2).
       (2) Postponement; exclusion from sale.--
       (A) Request by county for postponement or exclusion.--At 
     the request of the County, the Secretary shall postpone or 
     exclude from the sale all or a portion of the land described 
     in subsection (b)(2).
       (B) Indefinite postponement.--Unless specifically requested 
     by the County, a postponement under subparagraph (A) shall 
     not be indefinite.

     SEC. 113. DISPOSITION OF PROCEEDS.

       (a) Initial Land Sale.--Section 5 of the Lincoln County 
     Land Act of 2000 (114 Stat. 1047) shall apply to the 
     disposition of the gross proceeds from the sale of land 
     described in section 112(b)(1).
       (b) Reimbursement of Costs.--Proceeds from the sale of 
     lands described in section 112(b)(2) shall be used to 
     reimburse costs incurred by the Nevada State office and the 
     Ely Field Office of the Bureau of Land Management for 
     preparing for the sale of land described in section 102(b) 
     including surveys appraisals, compliance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321) and 
     compliance with the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1711, 1712).
       (c) Disposition of Proceeds.--Following compliance with 
     section 113(b) proceeds from sales of lands described in 
     section 112(b)(2) shall be disbursed as follows--
       (1) 5 percent shall be paid directly to the state for use 
     in the general education program of the State;
       (2) 45 percent shall be paid to the County for use for 
     economic development in the County, including County parks, 
     trails, and natural areas; and
       (3) the remainder shall be deposited in a special account 
     in the Treasury of the United States and shall be available 
     without further appropriation to the Secretary until expended 
     for--
       (A) the inventory, evaluation, protectionand management of 
     unique archaeological resources (as defined in section 3 of 
     the Archaeological Resources Protection Act of 19792 (16 
     U.S.C. 470bb)) of the County;
       (B) the development and implementation of a multispecies 
     habitat conservation plan for the County;
       (C) processing of public land use authorizations and 
     rights-of-way relating to the development of land conveyed 
     under section 112(b) of this Act;
       (D) processing the Silver State OHV trail and implementing 
     the management plan required by section 151(c)(2) of this 
     Act; and
       (E) processing wilderness designation, including but not 
     limited to, the costs of appropriate fencing, signage, public 
     education, and enforcement for the wilderness areas 
     designated.
       (d) Investment of Special Account.--Any amounts deposited 
     in the special account shall earn interest in an amount 
     determined by the Secretary of the Treasury on the basis of 
     the current average market yield on outstanding marketable 
     obligations of the United States of comparable maturities, 
     and may be expended according to the provisions of this 
     section.

                      Subtitle B--Wilderness Areas

     SEC. 121. 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 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) protecting prehistoric cultural resources;
       (C) conserving primitive recreational resources; and
       (D) protecting air and water quality.

     SEC. 122. DEFINITIONS.

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

     SEC. 123. 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) Mormon mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 157,938 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Mormon 
     Mountains Wilderness''.
       (2) Meadow valley range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 123,488 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Meadow Valley 
     Range Wilderness''.
       (3) Delamar mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 111,328 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Delamar 
     Mountains Wilderness''.
       (4) Clover mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 85,748 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Clover 
     Mountains Wilderness''.

[[Page H7960]]

       (5) South pahroc range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 25,800 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``South Pahroc 
     Range Wilderness''.
       (6) Worthington mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,664 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Worthington 
     Mountains Wilderness''.
       (7) Weepah spring wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     51,480 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Weepah Spring 
     Wilderness''.
       (8) Parsnip peak wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     43,693 acres, as generally depicted on the map entitled 
     ``Northern Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Parsnip Peak 
     Wilderness''.
       (9) White rock range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 24,413 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``White Rock 
     Range Wilderness''.
       (10) Fortification range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,656 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Fortification 
     Range Wilderness''.
       (11) Far south egans wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 36,384 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Far South 
     Egans Wilderness''.
       (12) Tunnel spring wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 5,371 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Tunnel Spring 
     Wilderness''.
       (13) Big Rocks Wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     12,997 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Big Rocks Wilderness''.
       (14) Mt. Irish Wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     28,334 acres, as generally depicted on the map entitled 
     ''Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ''Mt. Irish Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area designated by subsection (a) that is bordered by a road 
     shall be at least 100 feet from the edge of the road to allow 
     public access.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this title, 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 Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) are withdrawn 
     from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.

     SEC. 124. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this subtitle shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of the enactment 
     of this title; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (b) Livestock.--Within the wilderness areas designated 
     under this subtitle that are administered by the Bureau of 
     Land Management, the grazing of livestock in areas in which 
     grazing is established as of the date of enactment of this 
     title shall be allowed to continue, subject to such 
     reasonable regulations, policies, and practices that the 
     Secretary considers necessary, consistent with section 
     4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), 
     including the guidelines set forth in Appendix A of House 
     Report 101-405.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of an area 
     designated as wilderness by this subtitle that is acquired by 
     the United States after the date of the enactment of this 
     title shall be added to and administered as part of the 
     wilderness area within which the acquired land or interest is 
     located.
       (d) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as Wilderness by this subtitle is 
     within the Northern Mojave and Great Basin Deserts, is arid 
     in nature, and includes ephemeral streams;
       (B) the hydrology of the land designated as wilderness by 
     this subtitle is predominantly characterized by complex flow 
     patterns and alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region is 
     characterized by ground water subject to local and regional 
     flow gradients and unconfined and artesian conditions;
       (D) the land designated as wilderness by this subtitle is 
     generally not suitable for use or development of new water 
     resource facilities; and
       (E) because of the unique nature and hydrology of the 
     desert land designated as wilderness by this subtitle, it is 
     possible to provide for proper management and protection of 
     the wilderness and other values of lands in ways different 
     from those used in other legislation.
       (2) Statutory construction.--Nothing in this subtitle--
       (A) shall constitute or be construed to constitute either 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     wilderness by this subtitle;
       (B) shall affect any water rights in the State existing on 
     the date of the enactment of this title, including any water 
     rights held by the United States;
       (C) shall be construed as establishing a precedent with 
     regard to any future wilderness designations;
       (D) shall affect the interpretation of, or any designation 
     made pursuant to, any other Act; or
       (E) shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State and other States.
       (3) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State in order to obtain and hold any water rights not in 
     existence on the date of enactment of this title with respect 
     to the wilderness areas designated by this subtitle.
       (4) New projects.--
       (A) Water resource facility.--As used in this paragraph, 
     the term ``water resource facility''--
       (i) means irrigation and pumping facilities, reservoirs, 
     water conservation works, aqueducts, canals, ditches, 
     pipelines, wells, hydropower projects, and transmission and 
     other ancillary facilities, and other water diversion, 
     storage, and carriage structures; and
       (ii) does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this title, on and after the date of 
     the enactment of this Act, neither the President nor any 
     other officer, employee, or agent of the United States shall 
     fund, assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness areas designated by this title.

     SEC. 125. ADJACENT MANAGEMENT.

       (a) In General.--Congress does not intend for the 
     designation of wilderness in the State pursuant to this 
     subtitle 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 subtitle shall not preclude 
     the conduct of those activities or uses outside the boundary 
     of the wilderness area.

     SEC. 126. MILITARY OVERFLIGHTS.

       Nothing in this subtitle restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     areas designated as wilderness by this subtitle, 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. 127. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this subtitle shall be construed to diminish the 
     rights of any Indian tribe. Nothing in this subtitle shall be 
     construed to diminish tribal rights regarding access to 
     Federal land for tribal activities, including spiritual, 
     cultural, and traditional food-gathering activities.

[[Page H7961]]

     SEC. 128. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the public land in the County 
     administered by the Bureau of Land Management in the 
     following areas has been adequately studied for wilderness 
     designation:
       (1) The Table Mountain Wilderness Study Area.
       (2) Evergreen A, B, and C Wilderness Study Areas.
       (3) Any portion of the wilderness study areas--
       (A) not designated as wilderness by section 124(a); and
       (B) depicted as released on--
       (i) the map entitled ``Northern Lincoln County Wilderness 
     Map'' and dated October 1, 2004;
       (ii) the map entitled ``Southern Lincoln County Wilderness 
     Map'' and dated October 1, 2004; or
       (iii) the map entitled ``Western Lincoln County Wilderness 
     Map'' and dated October 1, 2004.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this subtitle--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
       (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) existing cooperative conservation agreements; and
       (3) shall be subject to the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).

     SEC. 129. WILDLIFE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     subtitle affects or diminishes the jurisdiction of the State 
     with respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness areas designated by this subtitle.
       (b) Management Activities.--In furtherance of the purposes 
     and principles of the Wilderness Act, management activities 
     to maintain or restore fish and wildlife populations and the 
     habitats to support such populations may be carried out 
     within wilderness areas designated by this subtitle where 
     consistent with relevant wilderness management plans, in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of House Report 101-405, including the 
     occasional and temporary use of motorized vehicles, if such 
     use, as determined by the Secretary, would promote healthy, 
     viable, and more naturally distributed wildlife populations 
     that would enhance wilderness values and accomplish those 
     purposes with the minimum impact necessary to reasonably 
     accomplish the task.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)) and in accordance 
     with appropriate policies such as those set forth in Appendix 
     B of House Report 101-405, the State may continue to use 
     aircraft, including helicopters, to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, 
     horses, and burros.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas designated by this title if--
       (1) the structures and facilities will, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable, and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.
       (e) Hunting, Fishing, and Trapping.--In consultation with 
     the appropriate State agency (except in emergencies), 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.
       (f) Cooperative Agreement.--The terms and conditions under 
     which the State, including a designee of the State, may 
     conduct wildlife management activities in the wilderness 
     areas designated by this subtitle are specified in the 
     cooperative agreement between the Secretary and the State, 
     entitled ``Memorandum of Understanding between the Bureau of 
     Land Management and the Nevada Department of Wildlife 
     Supplement No. 9,'' and signed November and December 2003, 
     including any amendments to that document agreed upon by the 
     Secretary and the State and subject to all applicable laws 
     and regulations. Any references to Clark County in that 
     document shall also be deemed to be referred to and shall 
     apply to Lincoln County, Nevada.

     SEC. 130. WILDFIRE MANAGEMENT.

       Consistent with section 4 of the Wilderness Act (16 U.S.C. 
     1133), nothing in this subtitle 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 subtitle.

     SEC. 131. CLIMATOLOGICAL DATA COLLECTION.

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

                     Subtitle C--Utility Corridors

     SEC. 141. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

       (a) Utility Corridor.--
       (1) In general.--Consistent with subtitle B and 
     notwithstanding sections 202 and 503 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1711, 1763), the 
     Secretary of the Interior (referred to in this section as the 
     ``Secretary'') shall establish on public land a 2,640-foot 
     wide corridor for utilities in Lincoln County and Clark 
     County, Nevada, as generally depicted on the map entitled 
     ``Lincoln County Conservation, Recreation, and Development 
     Act'', and dated October 1, 2004.
       (2) 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 Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (b) Rights-of-Way.--
       (1) In general.--Notwithstanding sections 202 and 503 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1763), and subject to valid and existing rights, the 
     Secretary shall grant to the Southern Nevada Water Authority 
     and the Lincoln County Water District nonexclusive rights-of-
     way to Federal land in Lincoln County and Clark County, 
     Nevada, for any roads, wells, well fields, pipes, pipelines, 
     pump stations, storage facilities, or other facilities and 
     systems that are necessary for the construction and operation 
     of a water conveyance system, as depicted on the map.
       (2) Applicable law.--A right-of-way granted under paragraph 
     (1) shall be granted in perpetuity and shall not require the 
     payment of rental.
       (3) Compliance with nepa.--Before granting a right-of-way 
     under paragraph (1), the Secretary shall comply with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including the identification and consideration of 
     potential impacts to fish and wildlife resources and habitat.
       (c) Withdrawal.--Subject to valid existing rights, the 
     utility corridors designated by subsection (a) are withdrawn 
     from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.
       (d) State Water Law.--Nothing in this subtitle shall--
       (1) prejudice the decisions or abrogate the jurisdiction of 
     the Nevada or Utah State Engineers with respect to the 
     appropriation, permitting, certification, or adjudication of 
     water rights;
       (2) preempt Nevada or Utah State water law; or
       (3) limit or supersede existing water rights or interest in 
     water rights under Nevada or Utah State law.
       (e) Water Resources Study.--
       (1) In general.--The Secretary, acting through the United 
     States Geological Survey and the Desert Research Institute, 
     and a designee from the State of Utah shall conduct a study 
     to investigate ground water quantity, quality, and flow 
     characteristics in the deep carbonate and alluvial aquifers 
     of Lincoln and White Pine Counties, Nevada and adjacent areas 
     in Utah. The study shall--
       (A) include new and review of existing data;
       (B) determine the volume of water stored in aquifers in 
     those areas;
       (C) determine the discharge and recharge characteristics of 
     each aquifer system;
       (D) determine the hydrogeologic and other controls that 
     govern the discharge and recharge of each aquifer system; and
       (E) develop maps at a consistent scale depicting aquifer 
     systems and the recharge and discharge areas of such systems.
       (2) Timing; availability.--The Secretary shall complete a 
     draft of the water resources report required under paragraph 
     (1) not later than 30 months after the date of the enactment 
     of this Act. The Secretary shall then make the draft report 
     available for public comment for a period of not less than 60 
     days. The final report shall be submitted to the Committee on 
     Resources in the House of Representatives and the Committee 
     on Energy and Natural Resources in the Senate and made 
     available to the public not later than 36 months after the 
     date of the enactment of this Act.
       (3) Agreement.--Prior to any transbasin diversion from 
     ground-water basins located within both the State of Nevada 
     and the State of Utah, the State of Nevada and the State of 
     Utah shall reach an agreement regarding the division of water 
     resources of those interstate ground-water flow system(s) 
     from which water will be diverted and used by the project. 
     The agreement shall allow for the maximum sustainable 
     beneficial use of the water resources and protect existing 
     water rights.

[[Page H7962]]

     SEC. 142. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS 
                   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 14, 1988.
       (2) Corridor.--The term ``corridor'' means--
       (A) the right-of-way corridor that is--
       (i) identified in section 5(b)(1) of the Nevada-Florida 
     Land Exchange Authorization Act of 1988 (102 Stat. 55); and
       (ii) described in section 14(a) of the Agreement;
       (B) such portion of the utility corridor identified in the 
     1988 Las Vegas Resource Management Plan located south of the 
     boundary of the corridor described in subparagraph (A) as is 
     necessary to relocate the right-of-way corridor to the area 
     described in subsection (c)(2); and
       (C) such portion of the utility corridor identified in the 
     2000 Caliente Management Framework Plan Amendment located 
     north of the boundary of the corridor described in 
     subparagraph (A) as is necessary to relocate the right-of-way 
     corridor to the area described in subsection (c)(2).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Relinquishment and Fair Market Value.--
       (1) In general.--The Secretary shall, in accordance with 
     this section, relinquish all right, title, and interest of 
     the United States in and to the corridor on receipt of a 
     payment in an amount equal to the fair market value of the 
     corridor (plus any costs relating to the right-of-way 
     relocation described in this subtitle).
       (2) Fair market value.--
       (A) The fair market value of the corridor shall be equal to 
     the amount by which the value of the discount described in 
     the 1988 appraisal of the corridor that was applied to the 
     land underlying the corridor has increased, as determined by 
     the Secretary using the multiplier determined under 
     subparagraph (B).
       (B) Not later than 60 days after the date of the enactment 
     of this Act, the Appraisal Services Directorate of the 
     Department of the Interior shall determine an appropriate 
     multiplier to reflect the change in the value of the land 
     underlying the corridor between--
       (i) the date of which the corridor was transferred in 
     accordance with the Agreement; and
       (ii) the date of enactment of this Act.
       (3) Proceeds.--Proceeds under this subsection shall be 
     deposited in the account established under section 113(c)
       (c) Relocation.--
       (1) In general.--The Secretary shall relocate to the area 
     described in paragraph (2), the portion of IDI-26446 and UTU-
     73363 identified as NVN-49781 that is located in the corridor 
     relinquished under subsection (b)(1).
       (2) Description of area.--The area referred to in paragraph 
     (1) is the area located on public land west of United States 
     Route 93
       (3) Requirements.--The relocation under paragraph (1) shall 
     be conducted in a manner that--
       (A) minimizes engineering design changes; and
       (B) maintains a gradual and smooth interconnection of the 
     corridor with the area described in paragraph (2).
       (4) Authorized uses.--The Secretary may authorize the 
     location of any above ground or underground utility facility, 
     transmission lines, gas pipelines, natural gas pipelines, 
     fiber optics, telecommunications, water lines, wells 
     (including monitoring wells), cable television, and any 
     related appurtenances in the area described in paragraph (1).
       (d) Effect.--The relocation of the corridor under this 
     section shall not require the Secretary to update the 1998 
     Las Vegas Valley Resource Management Plan or the 2000 
     Caliente Management Framework Plan Amendment.
       (e) Waiver of Certain Requirements.--The Secretary shall 
     waive the requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) that would 
     otherwise be applicable to the holders of the right-of-way 
     corridor described in subsection (a)(2)(A) with respect to an 
     amendment to the legal description of the right-of-way 
     corridor.

           Subtitle D--Silver State Off-Highway Vehicle Trail

     SEC. 151. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Map.--The term ``Map'' means the map entitled ``Lincoln 
     County Conservation, Recreation and Development Act Map'' and 
     dated October 1, 2004.
       (3) Trail.--The term ``Trail'' means the system of trails 
     designated in subsection (b) as the Silver State Off-Highway 
     Vehicle Trail.
       (b) Designation.--The trails that are generally depicted on 
     the Map are hereby designated as the ``Silver State Off-
     Highway Vehicle Trail''.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Trail in a 
     manner that--
       (A) is consistent with motorized and mechanized use of the 
     Trail that is authorized on the date of the enactment of this 
     title pursuant to applicable Federal and State laws and 
     regulations;
       (B) ensures the safety of the people who use the Trail; and
       (C) does not damage sensitive habitat or cultural 
     resources.
       (2) Management plan.--
       (A) In general.--Not later than 3 years after the date of 
     the enactment of this title, the Secretary, in consultation 
     with the State, the County, and any other interested persons, 
     shall complete a management plan for the Trail.
       (B) Components.--The management plan shall--
       (i) describe the appropriate uses and management of the 
     Trail;
       (ii) authorize the use of motorized and mechanized vehicles 
     on the Trail; and
       (iii) describe actions carried out to periodically evaluate 
     and manage the appropriate levels of use and location of the 
     Trail to minimize environmental impacts and prevent damage to 
     cultural resources from the use of the Trail.
       (3) Monitoring and evaluation.--
       (A) Annual assessment.--The Secretary shall annually assess 
     the effects of the use of off-highway vehicles on the Trail 
     and, in consultation with the Nevada Division of Wildlife, 
     assess the effects of the Trail on wildlife and wildlife 
     habitat to minimize environmental impacts and prevent damage 
     to cultural resources from the use of the Trail.
       (B) Closure.--The Secretary, in consultation with the State 
     and the County, may temporarily close or permanently reroute, 
     subject to subparagraph (C), a portion of the Trail if the 
     Secretary determines that--
       (i) the Trail is having an adverse impact on--

       (I) natural resources; or
       (II) cultural resources;

       (ii) the Trail threatens public safety;
       (iii) closure of the Trail is necessary to repair damage to 
     the Trail; or
       (iv) closure of the Trail is necessary to repair resource 
     damage.
       (C) Rerouting.--Portions of the Trail that are temporarily 
     closed may be permanently rerouted along existing roads and 
     trails on public lands currently open to motorized use if the 
     Secretary determines that such rerouting will not 
     significantly increase or decrease the length of the Trail.
       (D) Notice.--The Secretary shall provide information to the 
     public regarding any routes on the Trail that are closed 
     under subparagraph (B), including by providing appropriate 
     signage along the Trail.
       (4) Notice of open routes.--The Secretary shall ensure that 
     visitors to the Trail have access to adequate notice 
     regarding the routes on the Trail that are open through use 
     of appropriate signage along the Trail and through the 
     distribution of maps, safety education materials, and other 
     information considered appropriate by the Secretary.
       (d) No Effect on Non-Federal Land and Interests in Land.--
     Nothing in this section shall be construed to affect 
     ownership, management, or other rights related to non-Federal 
     land or interests in land.
       (e) Map on File.--The Map shall be kept on file at the 
     appropriate offices of the Secretary.

                      Subtitle E--Open Space Parks

     SEC. 161. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, 
                   NEVADA.

       (a) Conveyance.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1171, 1712), not later than 1 year after lands are identified 
     by the County, the Secretary shall convey to the County, 
     subject to valid existing rights, for no consideration, all 
     right title, and interest of the United States in and to the 
     parcels of land described in subsection (b).
       (b) Description of Land.--Up to 15,000 acres of Bureau of 
     Land Management-managed public land in Lincoln County 
     identified by the county in consultation with the Bureau of 
     Land Management.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the County, or in 
     accordance with section 113(c)(2) of this title.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the County 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.
       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

     SEC. 162. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

       (a) Conveyance.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
     Secretary shall convey to the State of Nevada, subject to 
     valid existing rights, for no consideration, all right, 
     title, and interest of the United States in and to the 
     parcels of land described in subsection (b), if there is a 
     written agreement between the State and Lincoln County, 
     Nevada, supporting such a conveyance.

[[Page H7963]]

       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) are the parcels of land depicted as ``NV 
     St. Park Expansion Proposal'' on the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the State.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the State 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.
       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

                   Subtitle F--Jurisdiction Transfer

     SEC. 171. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE 
                   FISH AND WILDLIFE SERVICE AND THE BUREAU OF 
                   LAND MANAGEMENT.

       (a) In General.--Administrative jurisdiction over the land 
     described in subsection (b) is transferred from the United 
     States Bureau of Land Management to the United States Fish 
     and Wildlife Service for inclusion in the Desert National 
     Wildlife Range and the administrative jurisdiction over the 
     land described in subsection (c) is transferred from the 
     United States Fish and Wildlife Service to the United States 
     Bureau of Land Management.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,503 acres of land 
     administered by the United States Bureau of Land Management 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Fish and 
     Wildlife Service'' and dated October 1, 2004.
       (c) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,382 acres of land 
     administered by the United States Fish and Wildlife Service 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Bureau of Land 
     Management'' and dated October 1, 2004.
       (d) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Station of the Bureau of Land Management;
       (4) the Caliente Field Office of the Bureau of Land 
     Management;
       (5) the Office of the Director of the United States Fish 
     and Wildlife Service; and
       (6) the Office of the Desert National Wildlife Complex.

                       TITLE II--OJITO WILDERNESS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Ojito Wilderness Act''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (4) Map.--The term ``map'' means the map entitled ``Ojito 
     Wilderness Act'' and dated October 1, 2004.
       (5) Wilderness.--The term ``Wilderness'' means the Ojito 
     Wilderness designated under section 3(a).

     SEC. 203. DESIGNATION OF THE OJITO WILDERNESS.

       (a) In General.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby 
     designated as wilderness, and, therefore, as a component of 
     the National Wilderness Preservation System, certain land in 
     the Albuquerque District-Bureau of Land Management, New 
     Mexico, which comprise approximately 11,183 acres, as 
     generally depicted on the map, and which shall be known as 
     the ``Ojito Wilderness''.
       (b) Map and Legal Description.--The map and a legal 
     description of the Wilderness shall--
       (1) be filed by the Secretary with the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives as soon as 
     practicable after the date of the enactment of this Act;
       (2) have the same force and effect as if included in this 
     title, except that the Secretary may correct clerical and 
     typographical errors in the legal description and map; and
       (3) be on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (c) Management of Wilderness.--Subject to valid existing 
     rights, the Wilderness shall be managed by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
     and this title, except that, with respect to the Wilderness, 
     any reference in the Wilderness Act to the effective date of 
     the Wilderness Act shall be deemed to be a reference to the 
     date of the enactment of this Act.
       (d) Management of Newly Acquired Land.--If acquired by the 
     United States, the following land shall become part of the 
     Wilderness and shall be managed in accordance with this title 
     and other laws applicable to the Wilderness:
       (1) Section 12 of township 15 north, range 01 west, New 
     Mexico Principal Meridian.
       (2) Any land within the boundaries of the Wilderness.
       (e) Management of Lands To Be Added.--The lands generally 
     depicted on the map as ``Lands to be Added'' shall become 
     part of the Wilderness if the United States acquires, or 
     alternative adequate access is available to section 12 of 
     township 15 north, range 01 west.
       (f) Release.--The Congress hereby finds and directs that 
     the lands generally depicted on the map as ``Lands to be 
     Released'' have been adequately studied for wilderness 
     designation pursuant to section 603 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782) and no 
     longer are subject to the requirement of section 603(c) of 
     such Act (16 U.S.C. 1782(c)) pertaining to the management of 
     wilderness study areas in a manner that does not impair the 
     suitability of such areas for preservation as wilderness.
       (g) Grazing.--Grazing of livestock in the Wilderness, where 
     established before the date of the enactment of this Act, 
     shall be administered in accordance with the provisions of 
     section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) 
     and the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the One Hundred First Congress (H. Rept. 101-
     405).
       (h) Fish and Wildlife.--As provided in section 4(d)(7) of 
     the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section shall be construed as affecting the jurisdiction or 
     responsibilities of the State with respect to fish and 
     wildlife in the State.
       (i) Water.--Nothing in this section shall affect any 
     existing valid water right.
       (j) Withdrawal.--Subject to valid existing rights, the 
     Wilderness, the lands to be added under subsection (e), and 
     lands authorized to be acquired by the Pueblo as generally 
     depicted on the map are withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (k) Exchange.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary shall seek to complete 
     an exchange for State land within the boundaries of the 
     Wilderness.

     SEC. 204. LAND HELD IN TRUST.

       (a) In General.--Subject to valid existing rights and the 
     conditions under subsection (d), all right, title, and 
     interest of the United States in and to the lands (including 
     improvements, appurtenances, and mineral rights to the lands) 
     generally depicted on the map as ``BLM Lands Authorized to be 
     Acquired by the Pueblo of Zia'' shall, on receipt of 
     consideration under subsection (c) and adoption and approval 
     of regulations under subsection (d), be declared by the 
     Secretary to be held in trust by the United States for the 
     Pueblo and shall be part of the Pueblo's Reservation.
       (b) Description of Lands.--The boundary of the lands 
     authorized by this section for acquisition by the Pueblo 
     where generally depicted on the map as immediately adjacent 
     to CR906, CR923, and Cucho Arroyo Road shall be 100 feet from 
     the center line of the road.
       (c) Consideration.--
       (1) In general.--In consideration for the conveyance 
     authorized under subsection (a), the Pueblo shall pay to the 
     Secretary the amount that is equal to the fair market value 
     of the land conveyed, as subject to the terms and conditions 
     in subsection (d), as determined by an independent appraisal.
       (2) Appraisal.--To determine the fair market value, the 
     Secretary shall conduct an appraisal paid for by the Pueblo 
     that is performed in accordance with the Uniform Appraisal 
     Standards for Federal Land Acquisitions and the Uniform 
     Standards of Professional Appraisal Practice.
       (3) Availability.--Any amounts paid under paragraph (1) 
     shall be available to the Secretary, without further 
     appropriation and until expended, for the acquisition from 
     willing sellers of land or interests in land in the State.
       (d) Public Access.--
       (1) In general.--Subject to paragraph (2), the declaration 
     of trust and conveyance under subsection (a) shall be subject 
     to the continuing right of the public to access the land for 
     recreational, scenic, scientific, educational, 
     paleontological, and conservation uses, subject to any 
     regulations for land management and the preservation, 
     protection, and enjoyment of the natural characteristics of 
     the land that are adopted by the Pueblo and approved by the 
     Secretary; Provided that the Secretary shall ensure that the 
     rights provided for in this paragraph are protected and that 
     a process for resolving any complaints by an aggrieved party 
     is established.
       (2) Conditions.--Except as provided in subsection (f)--
       (A) In general.--The land conveyed under subsection (a) 
     shall be maintained as open space, and the natural 
     characteristics of the land shall be preserved in perpetuity.

[[Page H7964]]

       (B) Prohibited uses.--The use of motorized vehicles (except 
     on existing roads or as is necessary for the maintenance and 
     repair of facilities used in connection with grazing 
     operations), mineral extraction, housing, gaming, and other 
     commercial enterprises shall be prohibited within the 
     boundaries of the land conveyed under subsection (a).
       (e) Rights of Way.--
       (1) Existing rights of way.--Nothing in this section shall 
     affect--
       (A) any validly issued right-of-way, or the renewal 
     thereof; or
       (B) the access for customary construction, operation, 
     maintenance, repair, and replacement activities in any right-
     of-way issued, granted, or permitted by the Secretary.
       (2) New rights of way and renewals.--
       (A) In general.--The Pueblo shall grant any reasonable 
     requests for rights-of-way for utilities and pipelines over 
     land acquired under subsection (a) that is designated as the 
     Rights-of-Way corridor #1 as established in the Rio Puerco 
     Resource Management Plan in effect on the date of the grant.
       (B) Administration.--Any right-of-way issued or renewed 
     after the date of the enactment of this Act over land 
     authorized to be conveyed by this section shall be 
     administered in accordance with the rules, regulations, and 
     fee payment schedules of the Department of the Interior, 
     including the Rio Puerco Resources Management Plan in effect 
     on the date of issuance or renewal of the right-of-way.
       (f) Judicial Relief.--
       (1) In general.--To enforce subsection (d), any person may 
     bring a civil action in the United States District Court for 
     the District of New Mexico seeking declaratory or injunctive 
     relief.
       (2) Sovereign immunity.--The Pueblo shall not assert 
     sovereign immunity as a defense or bar to a civil action 
     brought under paragraph (1).
       (3) Effect.--Nothing in this section--
       (A) authorizes a civil action against the Pueblo for money 
     damages, costs, or attorneys fees; or
       (B) except as provided in paragraph (2), abrogates the 
     sovereign immunity of the Pueblo.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4593, the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4593 was introduced by myself and would designate 
over 700,000 acres of wilderness and release over 200,000 acres of land 
currently being managed as wilderness study areas. It would create a 
260-mile off-highway vehicle trail; establish roughly 450 miles of 
utility corridors within Lincoln County for the purposes of designating 
rights of way for the Southern Nevada Water Authority and Lincoln 
County Water District. It would privatize not more than 90,000 acres of 
public land deemed disposable by the Bureau of Land Management within 
the county, while conveying not more than 15,000 acres of public land 
to the State and county for use as parks and open space.
  It is important to note that this proposal enjoys the support of the 
entire Nevada congressional delegation and is the product of exhaustive 
public participation, which is vital in a comprehensive bill such as 
this.
  This bill was subsequently amended by the Committee on Resources, 
where one additional title was added. As amended, title II would 
designate the 11,000 Ojito Wilderness Study Area in Sandoval County, 
New Mexico, as wilderness and take certain Federal land into trust for 
the Pueblo of Zia for the purposes of consolidating its land holdings 
and to protect religious and cultural sites in the area.
  Mr. Speaker, it is supported by the majority and minority of the 
committee. I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4593, as it is being brought to the floor today, is 
a diverse bill affecting land and resources in Nevada and New Mexico.
  First and foremost, I want to take this opportunity to commend my 
colleague the gentleman from New Mexico (Mr. Udall) for his work on 
title II of this legislation, which designates the Ojito Wilderness in 
New Mexico. Title II is the text of H.R. 3176, introduced by the 
gentleman from New Mexico (Mr. Udall) and favorably reported from the 
Committee on Resources.
  The language of title II is a model of the legislative process. The 
gentleman from New Mexico (Mr. Udall) has developed a bipartisan 
proposal that has significant local, State and national support, and we 
strongly support this aspect of H.R. 4593.
  Title I of H.R. 4593 is the Lincoln County, Nevada, lands bill. This 
is a complex and far-reaching piece of legislation that includes 
utility corridors and rights of way, land sales and conveyances, also 
wilderness, ORV trails, land exchanges and water. There are still a 
number of issues and concerns with this title, but we are pleased that 
at least the two wilderness areas that were previously dropped have 
been added back in.
  Mr. Speaker, H.R. 4593, as amended, is a compromise, and as such, we 
have no objection to its consideration by the House today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield as much time as he shall consume to 
the gentleman from Nevada (Mr. Porter), my good friend and colleague 
from district three.
  Mr. PORTER. Mr. Speaker, I rise today to speak in support of H.R. 
4593, the Lincoln County Conservation, Recreation, and Development Act 
of 2004. I appreciate the opportunity to speak in favor of this 
valuable legislation, and I am proud to be an original cosponsor.
  I would also like to thank my colleague, the gentleman from Nevada 
(Mr. Gibbons), for introducing this legislation in the House, as well 
as Senator Ensign and Senator Reid for introducing companion 
legislation in the Senate. H.R. 4593 represents an important compromise 
and enjoys strong bipartisan support from the entire Nevada 
congressional delegation.
  The area I represent in Congress is one of the fastest growing areas 
in the Nation. The growth of Clark County has been significant, and it 
is a tribute to the leadership of our elected and administrative 
officials, the hard work and dedication of local developers and the 
economic success of the Las Vegas region.
  We have worked hard in the State of Nevada to ensure the organized, 
strategic and orchestrated growth of our community while still 
maintaining and preserving many of Nevada's environmental treasures and 
our resources. This growth, while impressive, has created and placed 
new and increased pressures on our existing precious resources, such as 
infrastructure, education and water. In my 20 years in public office, I 
have seized opportunities to better manage this growth and the 
responsibilities and liabilities it brings.
  I see the Lincoln County Conservation, Recreation and Development Act 
as legislation that can benefit southern Nevada, Lincoln County and the 
full State of Nevada as our economy and population continue to grow, 
specifically with the development of additional water resources.
  At a time when Clark County continues to lead the Nation in growth 
with thousands of new residents each month, Nevada has access to the 
smallest water allocation of the seven States using the Colorado River. 
By 2002, our population had increased to 1.6 million people, most of 
whom reside in the Las Vegas Valley, and water use had far surpassed 
our 300,000-acre-foot allocation from the Colorado River. As a result, 
we must remain committed to maximizing the use of available Colorado 
River water while at the same time making use of existing in-State 
resources.
  As drought continues in the West and our State continues to grow, the 
development of the in-State water resources grows increasingly 
important. This legislation will help with the proposed development of 
our in-State resources intended to diversify our water supply and 
supplement Nevada's water entitlement from the Colorado River. The 
Lincoln County Conservation, Recreation and Development Act will help 
to expedite a solution to southern Nevada's current water situation 
without

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compromising public involvement and environmental compliance.
  Mr. Speaker, for the past decade, Colorado River water and 
conservation have been the most cost-effective options to meet demands 
in southern Nevada. However, as we plan for the future, the continued 
development of additional water resources has become necessary.
  Development of in-State water resources will provide southern Nevada 
with a long-term, reliable water supply to meet the increased demands 
of a growing population and ensure supply during times of drought. 
Accessing these resources requires significant investment, and H.R. 
4593 is an important step forward in achieving these goals.
  I would like to urge my colleagues in the House to support this 
important bipartisan legislation and join me in voting for H.R. 4593.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further speakers on this, 
and I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I also have no additional requests for 
time, would urge adoption of this bill, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 4593, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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