[Congressional Record Volume 152, Number 105 (Wednesday, August 2, 2006)]
[Senate]
[Pages S8603-S8604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    WHITE PINE COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT

  Mr. ENSIGN. Mr. President, yesterday my colleague from Nevada, 
Senator Reid, and I introduced the White Pine County Conservation, 
Recreation, and Development Act of 2006. This bill is the product of 
bipartisan cooperation and it represents a fair compromise on a number 
of issues relating to the protection of White Pine County's natural 
resources. While not perfect, this measure strikes an appropriate 
balance between economic development, privatizing Federal lands, and 
designating wilderness areas. On whole, the White Pine County 
Conservation, Recreation, and Development Act of 2006 is a good piece 
of legislation and it should be passed.
  White Pine County, NV, with fewer than 10,000 residents, is in rural 
eastern Nevada. The county has seen more prosperous times. The closure 
of mines has been hard on the local economy. Additionally, the Federal 
Government manages a high percentage of land which makes it difficult 
to foster growth. The bill seeks modest changes to the land ownership 
pattern to allow White Pine County to grow and increase its tax base, 
and gives residents some modest tools they need to prosper. We have 
also provided the same tools to the Ely Shoshone Tribe. We accomplish 
these goals through land disposal, natural resource and wildlife 
conservation, tourism development, additional protection for the 
wondrous Great Basin National Park, recreation opportunities, Nevada 
State Parks expansions, wilderness designation, and a study to 
determine if off highway vehicles should have a designated route 
through the county.
  The White Pine County Conservation, Recreation, and Development Act 
of 2006 is modeled on an innovative law that I coauthored as a member 
of the House of Representatives with former Senator Richard Bryan. That 
measure, the Southern Nevada Public Land Management Act of 1998, 
SNPLMA, is widely regarded as a huge success. Two successor laws I 
wrote with Senator Reid and Congressman Gibbons, the Clark County 
Protection of Lands and Natural Resources Act of 2002 and the Lincoln 
County Conservation, Recreation, and Development Act of 2004 followed 
SNPLMA.
  These county bills for Nevada can and should be replicated in every 
county in Nevada. Many other Western States with large public land 
holdings may benefit from our Nevada model. The premise is simple: not 
all land is suitable for public ownership, and other public lands are 
suitable for increased protection. We settle longstanding wilderness 
issues by designating permanent wilderness areas and release wilderness 
study areas to multiple use. Years of disagreements between developers, 
multiple use advocates, governments, environmentalists, 
conservationists, and other stakeholders are settled by these land 
bills. Bringing together people from diverse interests has actually 
proved to be a very healthy exercise in Nevada; it has fostered a 
spirit of cooperation that will benefit generations of Nevadans to 
come.
  The White Pine County Conservation, Recreation, and Development Act 
of 2006 also proposes significant amendments to the Southern Nevada 
Public Land Management Act of 1998. In some instances, we revise 
provisions in current law that need improvement. We add new expenditure 
categories for

[[Page S8604]]

projects that will be beneficial to the citizens of Nevada and our 
environment.
  For example, an improvement we make to current law relates to local 
governments in Clark and Lincoln Counties that use parks and trails 
funds in the SNPLMA special account. The localities are having 
difficulty building approved parks and trails projects. Local 
governments have to front their own funds and seek reimbursement from 
the Bureau of Land Management to build these projects. In some cases, 
this means millions of dollars that have to be borrowed or taken from 
other programs. To help local governments speed the development of 
parks and trails, we propose to pay local governments up front, 
eliminating a cumbersome reimbursement process. We can still maintain 
the financial integrity of all expenditures.
  Additionally, we have significantly streamlined the affordable 
housing provisions in current law. Our revisions will make Federal land 
available at a discount for workforce housing and improve the lives of 
hard working families across the state of Nevada.
  For new expenditure categories, we have taken great care to propose 
using the SNPLMA special account for critical needs, and in particular, 
for projects and initiatives that have broad support from the 
environmental and conservation community. We propose a clean water 
project for Lake Mead in southern Nevada and hazardous fuels reduction 
programs for two of the most heavily visited and fire prone areas in 
Nevada: Lake Tahoe and the Spring Mountains. We seek to conserve 
Colorado River water through the buyback of turf from public entities. 
Eighty five percent of the special account is now used for 
environmental and recreational purposes. We do not seek to break from 
the purposes for which SNPLMA was established in 1998; doing so would 
be controversial and harm the prospects of the passage of this bill.
  The White Pine County Conservation, Recreation, and Development Act 
is the culmination of 2 years of hard work and spirited debate. Our 
staffs have worked together closely and have made visits to and held 
meetings in White Pine County on numerous occasions. We have received 
thousands of comments and useful suggestions from people across Nevada. 
This bill touches every corner of our beautiful State, and I am proud 
to have been part of this endeavor. I look forward to working with my 
colleagues and interested parties to improve this bill as necessary.
  In summary, under title I, the bill authorizes the disposal of up to 
45,000 acres of BLM land in White Pine County. Distributes proceeds 
through a White Pine special account.
  Under title II, the bill designates roughly 545,000 acres of 
wilderness in 13 new wilderness areas and adds wilderness to two areas 
established in 1989. The White Pine County Commission 
supported approximately 500,000 acres. Standard language is included 
stating primacy of Nevada water laws in wilderness areas. Wildlife 
water developments are protected in wilderness areas.

  Under title III, the bill transfers approximately 645 acres to the 
Fish and Wildlife Service to be managed as part of the Ruby Lake 
National Wildlife Refuge. In lieu of expanding the size of Great Basin 
National Park and in an effort to simplify land management and protect 
lands near Great Basin National Park, the bill transfers 117,000 acres 
from the Forest Service to the BLM. Of this amount, 54,400 acres are 
withdrawn from mineral entry and other form of entry. Motorized access 
is confined to existing routes. This withdrawal language does not 
intend for the withdrawal area to be managed as an NCA, but it will 
likely require an update of the Resource Management Plan after the 
transfer of administrative jurisdiction is completed. It is also 
intended through bill language that the BLM honor existing permits and 
cooperative agreements approved by the Forest Service.
  Under title IV, the bill conveys Federal lands to expand two existing 
Nevada State parks: Cave Lake State Park and the Ward Charcoal Ovens 
State Park. The bill also conveys land to expand the Steptoe Valley 
Wildlife Management Area. Finally, the bill conveys Federal lands for 
the expansion of the Ely Airport and industrial park, with certain 
restrictions.
  Under title V, the bill authorizes a 3-year study for a possible 
extension of the Silver State Highway Off-Highway Vehicle Trail from 
Lincoln County through White Pine County. The route may only be 
designated if the Secretary determines that there would not be 
significant impacts to natural, or cultural resources, and wildlife. 
While the bill provides the Secretary with discretion, it is my view 
that providing a designated route for motorized use can actually 
preserve resources and wildlife in areas that are not appropriate for 
motorized use.
  Under title VI, the bill expands the Ely Shoshone Tribal Reservation 
by 3,500 acres. Extensive negotiations concerning the ownership of land 
just south of Ely strived to equitably balance the future expansion 
needs of the city of Ely with the economic development needs of the 
tribe.
  Under title VII, the bill authorizes funding from the Southern Nevada 
Public Land Management Act to be used for the Eastern Nevada Landscape 
Project. The project will improve landscape restoration projects that 
reduce the risk of fire, prevent the endangerment of species, and 
improve watersheds.
  Under title VIII, this title significantly amends the Southern Nevada 
Public Land Management Act of 1998, SNPLMA, to improve the 
effectiveness of the act, while proposing new conservation-oriented 
expenditure categories from the special account.
  Specifically, for SNPLMA special account expenditure categories, the 
bill provides new authority for (1) the expansion of the Southern 
Nevada Water Authority's water saving ``Cash for Grass'' program to 
public entities for permanent turf removal; (2) the implementation of 
the Clark County Multi-Species Habitat Conservation Program, as was 
intended by the authors of SNPLMA; (3) the Clean Water Coalition's Lake 
Mead and Las Vegas Wash water quality pipeline project; (4) two 
comprehensive, 10-year hazardous fuels and fire prevention plans for 
the Spring Mountains and the Lake Tahoe Basin--including adjacent areas 
in Nevada along the Carson Range; (5) Nevada State Parks in Clark 
County to access parks and trails funding from the special account; (6) 
the Bureau of Land Management to clear and protect lands designated for 
sale in the Las Vegas Valley, alleviating the dumping problem; and (7) 
a one-time park/trails/natural area nomination in Washoe County--
remainder of Ballardini Ranch lands offered by a willing seller.
  For SNPLMA improvements, the bill streamlines the current law's 
affordable housing provisions that make Federal land available in 
Nevada at a discount. SNPLMA's current ceiling of serving persons not 
more than 80 percent of median income has been lifted to 120 percent, 
and future BLM land auctions of more than 200 acres in the Las Vegas 
Valley will require housing builders to set aside at least 5 percent of 
the units for affordable housing as defined by SNPLMA. The bill also 
speeds the progress of local governments' parks and trails projects by 
replacing a cumbersome reimbursement system, which constrains the 
financial ability of local governments to finance projects, with a 
requirement that local governments be paid up front.
  Under title IX, this title establishes the Great Basin National 
Heritage Route. The House and Senate have each approved legislation 
designating this National Heritage Route; however, the bill has not 
reached the President for final approval. Designation of the Route will 
ensure the protection of key educational and recreational opportunities 
in White Pine County and neighboring Millard County, UT.

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