[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9820-H9826]
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 concur in
the Senate amendment to 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.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
SEC. 2. SHORT TITLE.
This Act may be cited as the ``Lincoln County Conservation,
Recreation, and Development Act of 2004''.
TITLE I--LAND DISPOSAL
SEC. 101. DEFINITIONS.
In this title:
(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 103(b)(3).
SEC. 102. 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 title, 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
[[Page H9821]]
(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) not more than 90,000 acres of Bureau of Land Management
managed public land in Lincoln County that is not segregated
or withdrawn on the date of enactment of this Act or
thereafter, and that is 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 Act, 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. 103. 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 102(b)(1).
(b) Disposition of Proceeds.--Proceeds from sales of lands
described in section 102(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) 10 percent shall be paid to the County for use for fire
protection, law enforcement, public safety, housing, social
services, and transportation; 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 reimbursement of 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);
(B) the inventory, evaluation, protection, and 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;
(C) the development and implementation of a multispecies
habitat conservation plan for the County;
(D) processing of public land use authorizations and
rights-of-way relating to the development of land conveyed
under section 102(a) of this Act;
(E) processing the Silver State OHV trail and implementing
the management plan required by section 151(c)(2) of this
Act; and
(F) processing wilderness designation, including but not
limited to, the costs of appropriate fencing, signage, public
education, and enforcement for the wilderness areas
designated.
(c) 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.
TITLE II--WILDERNESS AREAS
SEC. 111. 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. 112. DEFINITIONS.
In this title:
(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. 113. 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''.
(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'',
[[Page H9822]]
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 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 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. 114. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each
area designated as wilderness by this title 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 Act; 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 title 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
Act 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 title that is acquired by
the United States after the date of the enactment of this Act
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 title 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 title 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 title 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 title, 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 title--
(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 title;
(B) shall affect any water rights in the State existing on
the date of the enactment of this Act, 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 Act with respect
to the wilderness areas designated by this title.
(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 Act, on and after the date of
the enactment of this Act, neither the President nor any
other officer, employee, or agent of the United States shall
fund, assist, authorize, or issue a license or permit for the
development of any new water resource facility within the
wilderness areas designated by this Act.
SEC. 115. 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. 116. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft 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. 117. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title shall be construed to diminish the
rights of any Indian tribe. Nothing in this title shall be
construed to diminish tribal rights regarding access to
Federal land for tribal activities, including spiritual,
cultural, and traditional food-gathering activities.
SEC. 118. 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 114(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 title--
(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. 119. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
wilderness areas designated by this title.
(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 title 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,
[[Page H9823]]
including existing structures and facilities, for wildlife
water development projects, including guzzlers, in the
wilderness areas designated by this Act 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 Act.
(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 title 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. 120. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C.
1133), 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. 121. 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.
TITLE III--UTILITY CORRIDORS
SEC. 131. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) Utility Corridor.--
(1) In general.--Consistent with title II 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 title 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, 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 White Pine County, Nevada, and any groundwater basins that
are located in White Pine County, Nevada, or Lincoln County,
Nevada, and adjacent areas in Utah. The study shall--
(A) focus on a review of existing data and may include new
data;
(B) determine the approximate 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.
(4) Funding.--Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat.
2007; 117 Stat. 1317) is amended--
(A) in clauses (ii), (iv), and (v), by striking ``County''
each place it appears and inserting ``and Lincoln Counties'';
(B) in clause (vi), by striking ``and'' at the end;
(C) by redesignating clause (vii) as clause (viii); and
(D) by inserting after clause (vi) the following:
``(vii) for development of a water study for Lincoln and
White Pine Counties, Nevada, in an amount not to exceed
$6,000,000; and''.
SEC. 132. 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 title).
(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 103(b)(3)
(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--
[[Page H9824]]
(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.
TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
SEC. 141. 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
Act 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 Act, 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.
TITLE V--OPEN SPACE PARKS
SEC. 151. 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 103(b)(2) of this Act.
(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. 152. 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.
(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.
TITLE VI--JURISDICTION TRANSFER
SEC. 161. 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.
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.
[[Page H9825]]
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 introduced by me and passed in this House on
October 4, 2004, was subsequently amended and passed by the Senate.
H.R. 4593 is a broad and complex piece of legislation that, among
other things, responsibly deals with the issues of wilderness in
Lincoln County, Nevada, through both codification and release of lands
currently being managed as wilderness study areas. The bill would also
create a 260-mile off-highway vehicle trail, establish roughly 450
miles of utility corridors within the County, and privatize roughly
90,000 acres of public land deemed disposable by the Bureau of Land
Management within the County, while conveying roughly 15,000 acres of
public land to the State and Lincoln 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.
I urge my colleagues to adopt this bill.
Mr. Speaker, I reserve the balance of my time.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4593 has been returned to the House with Senate
amendments that both add and detract from the bill that originally
passed the House last month. The additions to the bill involve
modifications that the Senate made to the Lincoln County, Nevada,
public land provisions. These changes bring the bill's language more in
line with what has been done previously on public land sales in Nevada.
This refinement has been tempered, however, by the fact that the
Senate deleted the designation of the Ojito wilderness in New Mexico
that was included in the original House-passed version of H.R. 4593.
The gentleman from New Mexico (Mr. Udall), the sponsor of the Ojito
wilderness language, had developed a bipartisan proposal that has
significant local, State and national support, and it is regrettable
that his language is not this bill before us today.
Mr. Speaker, the amendments made by the Senate to the Lincoln County
public lands provisions are an improvement, and notwithstanding the
dropping of the Ojito wilderness land designation, we have no objection
to the consideration of H.R. 4593 by the House today.
Mr. Speaker, I yield such time as she might consume to the
gentlewoman from Nevada (Ms. Berkley).
Ms. BERKLEY. Mr. Speaker, I would like to thank the Congresswoman for
her courtesy and her help with this legislation.
I rise today in strong support of the Lincoln County Conservation,
Recreation, and Development Act of 2004. I would like to thank Senator
Reid and Senator Ensign and my House colleagues, the gentleman from
Nevada (Mr. Gibbons), and the gentleman from Nevada (Mr. Porter) for
their tireless efforts in reaching a compromise on this bipartisan
legislation that is important to all Nevadans.
I would also like to thank the gentleman from California (Mr. Pombo)
for his leadership and especially acknowledge the gentleman from West
Virginia (Mr. Rahall), a truly good friend who worked with the Nevada
delegation to reach this compromise.
The Nevada delegation worked diligently with the people of Lincoln
County, the environmental community, wilderness groups, ranchers and
officials in southern Nevada to carefully craft this piece of
legislation. While every group did not get every provision they wanted
in the bill, this is a compromise we are all proud of.
This bill is well-balanced. It will help Lincoln County flourish and
create economic opportunities for its citizens. Lincoln County
officials and residents will be able to develop their community and
expand their financial base. Protecting Nevada's environment is very
important to me, and this allows for development without jeopardizing
Nevada's precious resources.
The Federal Government owns over 98 percent of the land in Lincoln
County. This restricts vital economic growth for the area. Allowing for
private development will give the people of Lincoln County a way to
increase prosperity for themselves and their children.
The Bureau of Land Management will only auction off approved lands.
Lincoln County will use the proceeds from land sales to preserve parks,
trails and natural resources Nevadans utilize and the natural beauty
Nevadans have grown to love.
Nearly 770,000 acres of land will be designated as wilderness. This
will protect treasured sites important to Native Americans in Nevada
and rich in archaeological artifacts such as petroglyphs. The Nevada
desert is also home to many species of wildlife, such as the sage
grouse and desert tortoise.
Nevada is facing an unprecedented challenge as a result of a 5-year
drought affecting the Colorado River Basin. This bill provides for
additional water resources in southern Nevada which are desperately
needed.
I urge all of my colleagues to support this legislation. I appreciate
their support and their help.
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 co-sponsor.
I applaud the local governments of Clark and Lincoln Counties along
with the Nevada Delegation and local officials that have helped with
this collaborative legislation.
This is the result of many years of work with many parties and I am
proud to be part of this legislation.
H.R. 4593 represents an important compromise between the Department
of Interior and the State of Nevada. It enjoys strong bipartisan
support from the entire Nevada Congressional Delegation.
Nevada's Third District, located in Clark County, is one of the
fastest growing areas in the country. The growth has provided many
positive opportunities for jobs and created a strong economic climate,
but it has also placed an increased strain on our water supply and
resources.
The fact is, the State of Nevada, and my congressional district in
particular, continue to lead the Nation in population growth, yet we
have access to the smallest water allocation of the seven States using
the Colorado River.
As drought continues in the West and our State continues to grow, the
development of in-state water resources grows increasingly important.
This new legislation will help the development and economy of both
Lincoln and Clark Counties while continuing to preserve and protect
Nevada's precious lands.
It will help us maintain a balance between land management and public
use.
In Clark County we have enjoyed the benefits of improved parks,
trails, and recreational areas using the proceeds from Federal land
sales.
H.R. 4593 would provide similar opportunities for Lincoln County,
located just north of Clark County. It offers a comprehensive plan that
will contribute to the proposed development of Nevada's in-state
resources intended to diversify southern Nevada's water supply and
supplement the area's water entitlement from the Colorado River.
This legislation will help to expedite a solution to southern
Nevada's current water situation without compromising public
involvement and environmental compliance.
H.R. 4593 will also create utility corridors, resolve wilderness
study issues, provide for competitive Federal land sales, and provide
for the conveyance of Federal land to the State of Nevada and Lincoln
County for use as public parks.
For the past decade Clark County's use of the Colorado River and an
emphasis on water conservation have helped us in southern Nevada
balance our growth and our need for water; however, as we plan for the
future we realize we need additional water resources and planning.
I would like to urge my colleagues in the House to support this
important bipartisan legislation and join with me in voting for this
amendment.
Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I have no further requests for time, 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 concur in the Senate amendment to the bill, H.R. 4593.
[[Page H9826]]
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
____________________