[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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