[Congressional Record Volume 152, Number 104 (Tuesday, August 1, 2006)]
[Senate]
[Pages S8544-S8547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself and Mr. Reid):
  S. 3772. A bill to establish wilderness areas, promote conservation, 
improve public land, and provide for high quality development in White 
Pine County, Nevada, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. REID. Mr. President, today I rise with my good friend Senator 
Ensign to introduce the White Pine County Conservation, Recreation and 
Development Act of 2006. This bill creates economic opportunity for the 
people of White Pine County, improves public land management, and 
protects some of Nevada's most incredible wild lands. It also makes 
needed changes to the Southern Nevada Public Land Management Act.
  The White Pine County Conservation, Recreation and Development Act is 
the product of many years of work. Ranchers, land managers, 
conservationists, off-highway vehicle advocates, tribal members, city 
and county officials, wilderness advocates and many others have 
contributed to this effort. Meetings and tours focused on a White Pine 
County land bill have been taking place for more than 5 years.
  The result of these many years of dialogue can be found in the sturdy 
compromise contained in this legislation. Our bill resolves wilderness 
study areas, provides a reasonable expansion of local tribal lands, 
authorizes a study and possible designation of an off-highway vehicle 
trail, provides for competitive Federal land sales, makes common sense 
transfers of land between Federal agencies, expands State parks, 
conveys two small tracts of land to the county for economic 
development, funds an

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important landscape scale restoration project in eastern Nevada, and 
establishes a national heritage route in eastern Nevada and western 
Utah.
  Like similar legislation that we have worked on and passed for Clark 
County and Lincoln County, we do not expect anyone to endorse every 
title in this bill. When it comes to the topics of growth, conservation 
and stewardship in rural Nevada there are many strong and often 
opposing views. We believe that this legislation offers a solid middle 
ground and a path forward for the people of White Pine County.
  In order to understand why this legislation is necessary, it is 
important to first put Nevada and White Pine County in context. Unlike 
most states in our Union, nearly nine out of every ten acres in Nevada 
are managed by Federal agencies. In White Pine County the number is 
even higher. Of the 5.7 million acres that make up White Pine County, 
94 percent are managed by the Bureau of Land Management, BLM, the 
Forest Service, the National Park Service and the Fish and Wildlife 
Service Federal agencies.
  This means that local decisions are not always local. Even the 
simplest land and stewardship decisions can involve multiple Federal 
land agencies, and the associated rules that come along with each 
agency. All too frequently, congressional action is needed to bridge 
the divide. This is a reality in many parts of the West, but in no 
place is it more true than in Nevada.
  Moving beyond the borders of White Pine County, our legislation also 
makes essential changes to the Southern Nevada Public Land Management 
Act that was first passed in 1998. This law has served Nevada well over 
the last 8 years, yet changes are needed to ensure that the legislation 
is able to meet the many and complex needs of our fast growing State. I 
will briefly describe each of these amendments, in addition to the 
other major titles of this legislation.
  But before moving on to the specifics of each section of this bill, 
let me thank my colleagues for their willingness to work with us on 
this legislation. Senator Ensign and I have crafted this bill through a 
hands-on, ground level process that we think you will appreciate and 
support. Throughout this effort we have aspired to make well-reasoned, 
beneficial and necessary changes to land management in Nevada.
  The first title in this bill creates a mechanism to increase the 
amount of privately held land in White Pine County. Currently, 94 
percent of the land in the county is managed by Federal agencies. By 
increasing the total amount of private land in White Pine Country, we 
create essential opportunities for growth and economic development that 
will also allow the county to provide greater support to its residents 
through an expanded tax base.
  Our bill calls for up to 45,000 acres of land currently managed by 
the BLM to be made available for sale in reasonable increments. Each 
year a portion of the total acreage will be made available for public 
auction after a joint selection is made by the county and the BLM. This 
system has worked well in Clark County and Lincoln County, and we 
believe that it will greatly enhance the ability of White Pine County 
to help plan and shape the long-term growth of its many communities. As 
part of the land sale authority, the county may elect to halt the 
annual disposal of land when and if appropriate.
  Like the Southern Nevada Public Land Management Act and the Lincoln 
County Conservation, Recreation and Development Act, this bill directs 
the Secretary of Interior to reinvest the proceeds from these land 
sales into essential Federal, State, and local environmental 
protection, infrastructure development, and recreational enhancements 
in the areas and communities where the lands are sold.
  These funds also provide an additional revenue source for fulfilling 
the various mandates of this bill, including an off-highway vehicle 
trail study, designation of new wilderness areas, and the conveyance of 
lands into trust for tribal use.
  In 1985 when I visited White Pine County to discuss possible 
wilderness designations in the Schell Creek and Currant Ranges and the 
north and south ends of the Snake Range, I heard from many local 
residents who opposed any effort to designate wilderness. Now in 2006, 
when I hear from the citizens of White Pine County they are most often 
strongly supportive of wilderness designation, particularly in the 
areas that they and their families have visited and cherished for 
generations.

  I believe that much of this change can be attributed to the 
successful management of the Mt. Moriah and Currant Mountain wilderness 
areas, designated in 1989, where we were able to protect truly wild 
lands while still allowing hunting, grazing and other historical uses 
to continue. Equally important, many White Pine County residents have 
noted that as new waves of people discover the incredible backcountry 
of the Great Basin, the identification and protection of lands that are 
untouched by permanent development has become a priority.
  Accordingly, in this bill we have identified roughly 545,000 acres 
for wilderness designation and the release of 67,000 acres of BLM 
wilderness study areas. We have benefited greatly from the careful 
suggestions of the White Pine County Commission, the Nevada Department 
of Wildlife, the Nevada Wilderness Project, hunters, ranchers, miners, 
Friends of Nevada Wilderness, and other White Pine County residents 
during this process.
  We have worked to make careful decisions on the wilderness boundaries 
in this bill. Based on feedback from grazers and other users of the 
Mount Moriah wilderness area, a number of boundary adjustments have 
been included to remove small pipelines and other encumbrances from the 
original wilderness area designated in 1989. We have also made careful 
choices like along the north end of Red Mountain where the wilderness 
boundary follows the banks of the White River so that a number of 
primitive campsites between the stream and a nearby road are excluded 
from the wilderness area.
  While this proposal will surely be criticized as too conservative, 
others will see it as too expansive. Senator Ensign and I have both 
made important compromises to reach the proposal that we are presenting 
today and we stand by the middle ground that we have reached. We are 
committed to continue listening to all parties and taking into account 
their many and divergent needs.
  The third title of this bill makes two important transfers of land 
between Federal agencies that will improve public land management in 
White Pine County. The first of these changes is a transfer of 
approximately 645 acres from the BLM to the Fish and Wildlife Service, 
FWS, to be managed as part of the Ruby Lake National Wildlife Refuge. 
This land became an inholding within the boundaries of the refuge after 
the Fish and Wildlife Service purchased the lands surrounding the BLM 
parcel in 2002. Management of this area by the Ruby Lake National 
Wildlife Refuge will improve oversight on the land and strengthen the 
holdings of this popular refuge.
  Our legislation also transfers administrative jurisdiction of roughly 
117,000 acres from the Forest Service to the BLM. These lands can be 
easily identified on a map as the donut shaped configuration of Forest 
Service land currently surrounding Great Basin National Park. Under the 
present arrangement, the Park Service, the Forest Service and the BLM 
manage an awkward patchwork of lands. In some areas, land managed by 
each of the three agencies can be found within a single linear mile. 
This division of management and labor makes proper stewardship of this 
area complicated and often times unworkable.

  In addition to moving the identified lands to the BLM to improve 
management efficiency, we also withdraw roughly 50,000 acres of this 
land from mineral and land laws and require a management plan for the 
roads and trails through the area. These added protections will not 
only compliment Great Basin National Park and its mission, but will 
also ensure that popular hunting areas remain open and accessible. The 
additional 70,000 acres transferred to the BLM will be designated as 
the Highland Ridge Wilderness Area.
  This title conveys land to expand two existing state parks and one 
state wildlife management area. The Charcoal Ovens State Park will 
receive approximately 650 acres of BLM land to expand its current 
holdings. The land to be conveyed is already managed by the

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state through a Recreation and Public Purposes lease for the operation 
of a camping area and trail system. Cave Lake State Park will also 
receive a conveyance of land to help improve management of that site, 
although the exact boundaries of this designation have not yet been 
finalized. This park is exceptionally popular, receiving nearly 100,000 
visitors each year, most of which are from southern Nevada.
  In addition to expanding these two State parks, this bill conveys 
roughly 6,200 acres to the State of Nevada for an expansion of the 
Steptoe Valley Wildlife Management Area. The State acquired the 3C 
Ranch in 1999 and now manages it as the Steptoe Valley Wildlife 
Management Area. The conveyance of BLM land to this popular hunting and 
bird watching area will maximize management options while also creating 
a safety buffer between hunters and future residential and commercial 
development.
  Further, our legislation makes two small but important conveyances to 
provide for the future economic growth of White Pine County. These 
include up to 200 acres for the expansion of the White Pine County 
Industrial Park and up to 1,500 acres for the planned expansion of the 
White Pine County Airport. The county has been working with the Federal 
Aviation Administration on this airport expansion for a number of 
years. When completed, it will allow larger jets to land at the 
airport, further expanding the economic reach of White Pine County. The 
conveyance also allows for the airport to expand and accommodate 
additional business tenants. Any funds collected from the lease, sale 
or conveyance of either the industrial park or airport lands will be 
directed for public uses.
  Building on the designation of the Silver State Off-Highway Vehicle 
Trail in Lincoln County, this bill authorizes a 3-year study for a 
possible extension of the trail into and through White Pine County. If 
the Secretary of Interior, working with local citizens and other 
stakeholders, is able to identify a route for the trail that would not 
significantly impact wildlife, natural or cultural resources, an 
extension of the Silver State Trail will be designated at the 
conclusion of the study.

  Off-highway vehicle use in Nevada has grown exponentially in recent 
years, and this rise in use has led to the pioneering of hundreds of 
miles of additional trails and roads across Nevada's frontier. The 
longer this uncontrolled use continues, the fewer areas we will have in 
Nevada that are truly wild and untouched. And when these places are 
gone, we will have lost something that cannot be replaced.
  With this in mind, the study authorized by this bill is an effort to 
recognize that the use of off-highway vehicles is a popular form of 
recreation that is here to stay. Many people use their off-highway 
vehicles responsibly and we are creating a process with this 
legislation that will put advocates for off-highway vehicles, wildlife, 
grazing and other land users around the same table.
  Perhaps no issue addressed by this legislation has been more 
discussed and debated than the conveyance of BLM land to be held in 
trust by the United States for the Ely Shoshone Tribe. Currently, the 
tribe holds 100 acres in two separate parcels within the city limits of 
Ely. For 3 years meetings have been taking place in White Pine County 
to discuss possible configurations and areas for a tribal expansion. 
Local residents and interested parties have expressed strong feelings 
on all sides of this issue, and our proposal is better as a result of 
this dialog.
  This bill transfers roughly 3,500 acres in four separate parcels into 
trust for the benefit of the Ely Shoshone Tribe. Over half of this 
acreage is contained in one parcel to the west of Ward Mountain. This 
large area is designated exclusively for traditional tribal uses, such 
as ceremonial celebrations and gatherings and pine nut picking.
  The conveyance also includes two parcels to the south of Ely and one 
approximately 10 miles north of McGill on highway 93. These lands are 
available to be used by the tribe for residential and commercial 
purposes.
  The placement of these conveyances will allow the tribe to be a 
partner in the growth and economic development of White Pine County 
while also ensuring that the city of Ely has sufficient room to grow 
south along highway 93. We have taken special care to ensure that 
existing developments, like the KOA, have room to expand.
  This conveyance represents a tough compromise between many important 
interests. Some have proposed that the tribe should receive in excess 
of 20,000 acres of land in and around Ely. Others have fought to block 
the tribe from receiving a single acre. We do not expect that the 
conveyance in this bill will please anyone completely, but we do 
believe it is a fair compromise that addresses the main concerns of all 
the concerned parties.
  The invasion of non-native species like cheat grass and red brome and 
the overgrowth of pinon and juniper woodlands has begun to 
fundamentally alter the ecosystems in eastern Nevada. This landscape 
level change threatens to bring catastrophic fire to this area while 
also destroying essential habitat for many of Nevada's native species.
  In order to address the challenges, this legislation makes funds from 
the Southern Nevada Public Land Management Act special account 
available for the implementation of the Eastern Nevada Landscape 
Restoration Project in White Pine and Lincoln Counties. In addition to 
funding this vital program, we have authorized the Secretaries of the 
Interior and Agriculture to work with Eastern Nevada Landscape 
Coalition and the Great Basin Institute in carrying out the landscape-
scale restoration efforts necessary to restore the health of eastern 
Nevada's rangelands. In the interest of understanding and fully 
addressing the ecosystem changes that are taking place all across the 
Great Basin, this bill also authorizes a feasibility study for an 
interagency research facility and experimental rangeland in eastern 
Nevada.
  In addition to preventing major and repeated fires, this restoration 
initiative will benefit ranchers, sportsmen, private land owners, 
communities of all sizes, and of course the wildlife and rangelands on 
which we depend. It is my sincere hope that this program will make a 
long lasting and beneficial change in the health of the ecosystems in 
eastern Nevada.
  Since the passage of the Southern Nevada Public Land Management Act, 
SNPLMA, in 1998, thousands of acres of BLM land have been auctioned in 
southern Nevada. These sales have produced significant funding for 
conservation efforts, enhancements to our most prized public lands, and 
the acquisition of sensitive lands throughout our State.
  Now, 8 years after its passage, we are seeking to update the 
legislation so that it continues to serve the full interests of the 
people of Nevada, our public lands, and the federal agencies that 
administer the programs funded by the original legislation.
  In this bill we provide funding for two separate 10-year hazardous 
fuels reduction programs, one for the Spring Mountains and one for the 
Lake Tahoe Basin including the adjacent lands in the Carson Range in 
Washoe and Douglas Counties and Carson City. We also provide funding 
for the implementation of the Clark County Multispecies Habitat 
Conservation Plan, allow SNPLMA to be used for improvements to state 
parks in Clark County, authorize reimbursement for water saving 
landscaping undertaken by public institutions, and make the Clean Water 
Coalition eligible for funding to implement an essential wastewater 
project that will improve the water quality in Lake Mead and provide a 
sustainable future for the Las Vegas Wash.
  In order to make SNPLMA more manageable for the agencies and 
municipalities that administer the special account and its many 
programs, we have included authority that allows all federal agencies 
that carry out SNPLMA projects to get reimbursed for their direct 
costs. We have also provided an important authority for the BLM to use 
SNPLMA funds to properly clear and protect vacant parcels in the Las 
Vegas Valley from dumping. The current practice of providing funding 
for approved projects only through reimbursement is also brought to an 
end. Under this legislation the Department of Interior is required to 
distribute funds for approved SNPLMA projects no later than 60 days 
after a transfer of funds is requested.
  Of special note, these amendments also include a 5-year authorization 
for Washoe County to acquire up to 250

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acres of land for a county park. The residents of Washoe County have 
been and remain strong advocates for open space and we hope that they 
will take advantage of this opportunity.
  Perhaps the most important change that we make to SNPLMA is a 
complete rewrite of the legislation's affordable housing title. While 
language was included in the original legislation that allows for land 
to be acquired at less than fair market value for the development of 
affordable housing, it took the BLM over 4 years to promulgate the 
guidelines for implementing this provision. Since that time no eligible 
party has successfully used these guidelines to secure land and build 
affordable housing anywhere in Nevada.
  With an estimated 170,000 housing units needed in southern Nevada for 
affordable and workforce housing in the next 10 years, immediate action 
is needed. As a result, we have struck the largely unworkable language 
from the original legislation. We have replaced it with an authority 
allowing all legitimate interested parties to work with the BLM to 
pursue land for the development of affordable and workforce housing. We 
also take a further step and require that any parcel of Federal land 
over 200 acres in size that is auctioned in the Las Vegas Valley must 
include at least 5 percent affordable and workforce housing.
  These new affordable and workforce housing provisions are by no means 
a complete answer to the housing crisis facing southern Nevada, but 
they are a step in the right direction. I applaud the work that has 
been done at the local and State levels to address this issue and I am 
committed to continuing to work on broad based solutions to ensure that 
we can meet the affordable housing needs in all of Nevada's 
communities.
  The last title of this bill establishes the Great Basin National 
Heritage Route. Encompassing Millard County, Utah; the Duckwater Indian 
Reservation in Nevada; and White Pine County, Nevada, this historic 
area includes historic mining camps and ghost towns, Mormon and other 
pioneer settlements, as well as Native American communities. The Route 
passes through classic Great Basin country along the trails of the Pony 
Express and the Overland Stage. Cultural resources within the route 
include highly valued and culturally important Native American 
archaeological sites dating back to the Fremont Culture.

  Designation of the corridor as a heritage route will ensure long-term 
protection of key educational and recreational opportunities while also 
bringing attention to the Great Basin's rich natural wonders like the 
bristlecone pine, the old living things on Earth, and the rare 
Bonneville cutthroat trout. In short, the Great Basin National Heritage 
Route will provide a framework for celebrating eastern Nevada's and 
western Utah's rich historic, archaeological, cultural, and natural 
resources for both visitors and residents.
  I have been proud to support the designation of the Great Basin 
Heritage Route for many years and have helped pass legislation through 
both the Senate and the House calling for establishment of the route. 
Unfortunately, in each instance the legislation was included in a 
larger package of bills that failed to reach the President for 
signature. Having received the approval of both bodies of Congress for 
this measure, it is my hope that we can finally make this route a 
reality as part of this comprehensive legislative package for White 
Pine County.
  The White Pine County Conservation, Recreation and Development Act of 
2006 is an ambitious, timely and complex piece of legislation. By 
making long-term and forward looking improvements to public land 
management and the stewardship of our shared natural resources, we 
believe we have crafted a bill that will serve the best interests of 
the people of White Pine County, eastern Nevada and our entire State.
  I look forward to working with the chairman and ranking member of the 
Senate Energy and Natural Resources Committee to ensure timely review 
and passage of this bill.

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