[Congressional Record Volume 160, Number 131 (Monday, September 15, 2014)]
[House]
[Pages H7486-H7492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN NEVADA LAND CONSERVATION AND ECONOMIC DEVELOPMENT ACT
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 5205) to authorize certain land conveyances
involving public lands in northern Nevada to promote economic
development and conservation, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5205
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northern
Nevada Land Conservation and Economic Development Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Addition to National Wilderness Preservation System.
Sec. 104. Administration.
Sec. 105. Release of wilderness study areas.
Sec. 106. Wildlife management.
Sec. 107. Land exchanges.
Sec. 108. Native American cultural and religious uses.
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
Sec. 201. Short title; table of contents.
Sec. 202. Land conveyance to Yerington, Nevada.
Sec. 203. Addition to National Wilderness Preservation System.
[[Page H7487]]
Sec. 204. Withdrawal.
Sec. 205. Native American cultural and religious uses.
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
Sec. 401. Definitions.
Sec. 402. Conveyance of certain Federal land to City of Fernley,
Nevada.
Sec. 403. Release of United States.
TITLE V--RESTORING STOREY COUNTY ACT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Conveyance of Federal land in Storey County, Nevada.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
Sec. 601. Short title.
Sec. 602. Definition of Secretary.
Subtitle A--Elko Motocross Land Conveyance
Sec. 611. Definitions.
Sec. 612. Conveyance of land to Elko County.
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada (Elko Band)
Sec. 621. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada (Elko Band).
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
Sec. 701. Short title.
Sec. 702. Transfer of Department of the Interior land.
Sec. 703. Water rights.
Sec. 704. Withdrawal.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pine Forest Range
Recreation Enhancement Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Humboldt County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Pine Forest Range Wilderness Area'' and dated
October 28, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the Pine
Forest Range Wilderness designated by section 103(a).
SEC. 103. ADDITION TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
26,000 acres of Federal land managed by the Bureau of Land
Management, as generally depicted on the Map, is designated
as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ``Pine Forest Range
Wilderness''.
(b) Boundary.--
(1) Road access.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 100 feet from
the edge of the road.
(2) Road adjustments.--The Secretary shall--
(A) reroute the road running through Long Meadow to the
west to remove the road from the riparian area;
(B) reroute the road currently running through Rodeo Flat/
Corral Meadow to the east to remove the road from the
riparian area;
(C) except for administrative use, close the road along
Lower Alder Creek south of Bureau of Land Management road
#2083;
(D) manage the access road, through Little Onion Basin, on
the east side of the wet meadow to retain travel only on the
road existing on the date of the enactment of this Act; and
(E) permanently leave open the Cove Creek road to Little
Onion Basin, but close connecting spur roads.
(3) Little onion basin.--Remove Little Onion Basin from the
boundaries of the Wilderness and from wilderness designation.
(4) Reservoir access.--The access road to the Little Onion
Reservoir dam will remain open and the boundary of the
Wilderness shall be 160 feet downstream from the dam at
Little Onion Reservoir to allow public access and dam
maintenance.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the
Wilderness is 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) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 104. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
Wilderness 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 the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the Wilderness,
if established before the date of enactment of this Act, is
compatible with the Wilderness designation and shall
continue, subject to such reasonable regulations, policies,
and practices as the Secretary considers to be necessary in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen, heard, or detected from areas
within the Wilderness shall not preclude, limit, control,
regulate or determine the conduct or management of the
activities or uses outside the boundary of the Wilderness.
(d) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military overflights that can be seen,
heard, or detected within the Wilderness;
(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.
(e) Wildfire, Insect, and Disease Management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take such measures in
the Wilderness as are necessary for the control of fire,
insects, and diseases (including, as the Secretary determines
to be appropriate, the coordination of the activities with a
State or local agency).
(f) Wildfire Management Operations.--Nothing in this Act
shall be construed to preclude a Federal, State, or local
agency from conducting wildfire management or prevention
operations (including operations using aircraft or mechanized
equipment) or to interfere with the authority of the
Secretary to authorize mechanical thinning of trees or
underbrush to prevent or control the spread of wildfires or
the use of mechanized equipment for wildfire pre-suppression
and suppression.
(g) Water Rights.--
(1) Purpose.--The purpose of this subsection is to protect
the wilderness recreation value of the land designated as
wilderness by this title by means other than a federally
reserved water right.
(2) Statutory construction.--Nothing in this title--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the Wilderness;
(B) affects any water rights in the State (including any
water rights held by the United States) in existence on the
date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law 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.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission
and other ancillary facilities, and other water diversion,
storage, and carriage structures.
(ii) Exclusion.--In this paragraph, the term ``water
resource facility'' does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--Except
as otherwise provided in this title, on or after the date of
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, any portion of which is located in the County.
SEC. 105. RELEASE OF WILDERNESS STUDY AREAS.
(a) In General.--The Blue Lakes and Alder Creek wilderness
study areas not designated as wilderness by section 103(a)
have been adequately studied for wilderness character and
wilderness designation pursuant to section 603 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782) and
are no longer subject to any requirement pertaining to the
management of wilderness or wilderness study areas, including
the approximately 990 acres in the following locations:
(1) Lower Adler Creek Basin.
(2) Little Onion Basin.
(3) Lands east of Knott Creek reservoir.
[[Page H7488]]
(4) Portions of Corral Meadow and the Blue Lakes trailhead.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this Act--
(1) is no longer subject to--
(A) section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) Secretarial Order 3310 issued on December 22, 2010;
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); and
(B) cooperative conservation agreements in existence on the
date of enactment of this Act; and
(3) shall be subject to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 106. 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.
(b) Management Activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities in
the Wilderness that are necessary to maintain or restore fish
and wildlife populations and the habitats to support those
populations, if the activities are carried out--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405),
including the occasional and temporary use of motorized
vehicles if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness recreation
with the minimal impact necessary to reasonably accomplish
those tasks, including but not limited to, the hunting or
culling of wildlife and access for persons with disabilities.
(c) Existing Activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies such as those set forth
in Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405), the
State may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and provide water for
wildlife in the Wilderness.
(d) Emergency Closures.--Nothing in this title prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the
smallest practicable area to provide for public safety,
resource conservation, national security, or other purposes
as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, but no longer
than one year, unless converted to a permanent closure
consistent with Federal statute.
(e) Memorandum of Understanding.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions 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 the cooperative agreement
agreed to by the Secretary and the State; and
(B) subject to all applicable laws (including regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered
to be a reference to the Pine Forest Range Wilderness.
SEC. 107. LAND EXCHANGES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means Federal
land in the County that is identified for disposal by the
Secretary through the Winnemucca Resource Management Plan.
(2) Non-federal land.--The term ``non-Federal land'' means
land identified on the Map as ``non-Federal lands for
exchange''.
(b) Acquisition of Land and Interests in Land.--Consistent
with applicable law and subject to subsection (c), the
Secretary may exchange the Federal land for non-Federal land.
(c) Conditions.--Each land exchange under subsection (a)
shall be subject to--
(1) the condition that the owner of the non-Federal land
pay not less than 50 percent of all costs relating to the
land exchange, including the costs of appraisals, surveys,
and any necessary environmental clearances; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Deadline for Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section
be completed by not later than 5 years after the date of
enactment of this Act.
SEC. 108. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty
rights of any Indian tribe (as defined in section 204 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)).
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the ``Lyon County Economic
Development and Conservation Act''.
SEC. 202. LAND CONVEYANCE TO YERINGTON, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Yerington,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in Lyon County and Mineral County, Nevada, that is
identified on the map as ``City of Yerington Sustainable
Development Conveyance Lands''.
(3) Map.--The term ``map'' means the map entitled
``Yerington Land Conveyance'' and dated December 19, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyances of Land to City of Yerington, Nevada.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, subject to valid existing rights and
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to the City, subject to the agreement of the
City, all right, title, and interest of the United States in
and to the Federal land identified on the map.
(2) Appraisal to determine fair market value.--The
Secretary shall determine the fair market value of the
Federal land to be conveyed--
(A) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in accordance
with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(4) Applicable law.--Beginning on the date on which the
Federal land is conveyed to the City, the development of and
conduct of activities on the Federal land shall be subject to
all applicable Federal laws (including regulations).
(5) Costs.--As a condition of the conveyance of the Federal
land under paragraph (1), the City shall pay--
(A) an amount equal to the appraised value determined in
accordance with paragraph (2); and
(B) all costs related to the conveyance, including all
surveys, appraisals, and other administrative costs
associated with the conveyance of the Federal land to the
City under paragraph (1).
SEC. 203. ADDITION TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Lyon County, Nevada.
(2) Map.--The term ``map'' means the map entitled ``Wovoka
Wilderness Area'' and dated December 18, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the
approximately 47,449 acres to be known as the Wovoka
Wilderness designated by subsection (b)(1).
(b) Addition to National Wilderness Preservation System.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
managed by the Forest Service, as generally depicted on the
Map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
``Wovoka Wilderness''.
(2) Boundary.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 150 feet from
the centerline of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(B) Effect.--The map and legal description prepared under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may
correct any clerical and typographical errors in the map or
legal description.
(C) Availability.--Each map and legal description prepared
under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(4) Withdrawal.--Subject to valid existing rights, the
Wilderness is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(c) Administration.--
(1) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act.
(2) Livestock.--The grazing of livestock in the Wilderness,
if established before the date of enactment of this Act,
shall continue, subject to such reasonable regulations,
policies, and practices as the Secretary considers to be
necessary, in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
[[Page H7489]]
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(3) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen, heard, or detected from areas
within the Wilderness shall not preclude, limit, control,
regulate, or determine the conduct of the activities or uses
outside the boundary of the Wilderness.
(4) Overflights.--Nothing in this section restricts or
precludes--
(A) low-level overflights of aircraft over the Wilderness,
including military overflights that can be seen, heard, or
detected within the Wilderness;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Wilderness.
(5) Wildfire, insect, and disease management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take any measures in
the Wilderness that the Secretary determines to be necessary
for the control of fire, insects, and diseases, including, as
the Secretary determines to be appropriate, the coordination
of the activities with a State or local agency.
(6) Water rights.--
(A) Purpose.--The purpose of this paragraph is to protect
the wilderness values of the Wilderness by means other than a
federally reserved water right.
(B) Statutory construction.--Nothing in this paragraph--
(i) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the Wilderness;
(ii) affects any water rights in the State (including any
water rights held by the United States) in existence on the
date of enactment of this Act;
(iii) establishes a precedent with regard to any future
wilderness designations;
(iv) affects the interpretation of, or any designation made
under, any other Act; or
(v) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State and other States.
(C) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law 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.
(D) New projects.--
(i) Definition of water resource facility.--
(I) In general.--In this subparagraph, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission
and other ancillary facilities, and other water diversion,
storage, and carriage structures.
(II) Exclusion.--In this subparagraph, the term ``water
resource facility'' does not include wildlife guzzlers.
(ii) Restriction on new water resource facilities.--
(I) In general.--Except as otherwise provided in this
section, on or after the date of enactment of this Act,
neither the President nor any 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, any portion of which
is located in the County.
(II) Exception.--If a permittee within the Bald Mountain
grazing allotment submits an application for the development
of water resources for the purpose of livestock watering by
the date that is 10 years after the date of enactment of this
Act, the Secretary shall issue a water development permit
within the non-wilderness boundaries of the Bald Mountain
grazing allotment for the purposes of carrying out activities
under paragraph (2).
(d) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section 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.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities in
the Wilderness that are necessary to maintain or restore fish
and wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management plans;
and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405),
including the occasional and temporary use of motorized
vehicles and aircraft, if the use, as determined by the
Secretary, would promote healthy, viable, and more naturally
distributed wildlife populations that would enhance
wilderness values with the minimal impact necessary to
reasonably accomplish those tasks, including but not limited
to, the hunting or culling of wildlife and access for persons
with disabilities.
(3) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) 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 in the Wilderness.
(4) Emergency closures.--Nothing in this title prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the
smallest practicable area to provide for public safety,
resource conservation, national security, or other purposes
as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, unless converted
to a permanent closure consistent with Federal statute.
(5) Memorandum of understanding.--The State, including a
designee of the State, may conduct wildlife management
activities in the Wilderness--
(A) in accordance with the terms and conditions specified
in the cooperative agreement between the Secretary and the
State entitled ``Memorandum of Understanding: Intermountain
Region USDA Forest Service and the Nevada Department of
Wildlife State of Nevada'' and signed by the designee of the
State on February 6, 1984, and by the designee of the
Secretary on January 24, 1984, including any amendments,
appendices, or additions to the agreement agreed to by the
Secretary and the State or a designee; and
(B) subject to all applicable laws (including regulations).
(e) Wildlife Water Development Projects.--Subject to
subsection (c), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects (including guzzlers) in
the Wilderness 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 can reasonably be minimized.
SEC. 204. WITHDRAWAL.
(a) Definition of Withdrawal Area.--In this section, the
term ``Withdrawal Area'' means the land administered by the
Forest Service and identified as ``Withdrawal Area'' on the
map described in section 203(a)(2).
(b) Withdrawal.--Subject to valid existing rights, all
Federal land within the Withdrawal Area is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral laws, geothermal leasing laws,
and mineral materials laws.
(c) Motorized and Mechanical Vehicles.--
(1) In general.--Subject to paragraph (2), use of motorized
and mechanical vehicles in the Withdrawal Area shall be
permitted only on roads and trails designated for the use of
those vehicles, unless the use of those vehicles is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(2) Exception.--Paragraph (1) does not apply to aircraft
(including helicopters).
SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty
rights of any Indian tribe (as defined in section 204 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)).
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
SEC. 301. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF
CARLIN, NEVADA.
(a) Definitions.--In this title:
(1) City.--The term ``City'' means the City of Carlin,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1329 acres of land located in the City of
Carlin, Nevada, that is identified on the map as ``Carlin
Selected Parcels''.
(3) Map.--The term ``map'' means the map entitled
``Proposed Carlin, Nevada Land Sales'' map dated October 25,
2013.
(b) Conveyance Required.--Subject to valid existing rights
and notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), not later than
180 days after the date on which the Secretary of the
Interior receives a request from the City for the Federal
land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United
States to and in the Federal land.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(d) Costs.--At closing for the conveyance authorized under
subsection (b) the City shall pay or reimburse the Secretary,
as appropriate, for the reasonable transaction and
administrative personnel costs associated with the conveyance
authorized under such subsection, including the costs of
title searches, maps, and boundary and cadastral surveys.
(e) Release of United States.--Upon making the conveyance
under subsection (b), notwithstanding any other provision of
law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the
presence, release, or threat of release of any hazardous
substance, pollutant, contaminant, petroleum product (or
derivative of a petroleum product of any kind), solid waste,
mine materials or mining related features (including
[[Page H7490]]
tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related
features) on the Federal land in existence on or before the
date of the conveyance.
(f) Withdrawal.--Subject to valid existing rights, the
Federal land identified for conveyance shall be withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials and geothermal leasing laws.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
SEC. 401. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the City of Fernley,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in the City of Fernley, Nevada, that is identified as
``Proposed Sale Parcels'' on the map.
(3) Map.--The term ``map'' means the map entitled
``Proposed Fernley, Nevada, Land Sales'' and dated January
25, 2013.
SEC. 402. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF
FERNLEY, NEVADA.
(a) Conveyance Authorized.--Subject to valid existing
rights and notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), not later than
180 days after the date on which the Secretary of the
Interior receives a request from the City for the Federal
land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United
States to and in the Federal land.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(c) Reservation of Easements and Rights-of-Way.--The City
and the Bureau of Reclamation may retain easements or rights-
of-way on the Federal land to be conveyed, including
easements or rights-of-way that the Bureau of Reclamation
determines are necessary to carry out--
(1) the operation and maintenance of the Truckee Canal
Irrigation District Canal; or
(2) the Newlands Project.
(d) Costs.--At closing for the conveyance authorized under
subsection (a), the City shall pay or reimburse the
Secretary, as appropriate, for the reasonable transaction and
administrative personnel costs associated with the conveyance
authorized under such subsection, including the costs of
title searches, maps, and boundary and cadastral surveys.
SEC. 403. RELEASE OF UNITED STATES.
Upon making the conveyance under section 402,
notwithstanding any other provision of law, the United States
is released from any and all liabilities or claims of any
kind or nature arising from the presence, release, or threat
of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum
product of any kind), solid waste, mine materials or mining
related features (including tailings, overburden, waste rock,
mill remnants, pits, or other hazards resulting from the
presence of mining related features) on the Federal land in
existence on or before the date of the conveyance.
TITLE V--RESTORING STOREY COUNTY ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Restoring Storey County
Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Storey County,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1,745 acres of Federal land identified on the
map as ``BLM Owned - County Request Transfer''.
(3) Map.--The term ``map'' means the map titled ``Restoring
Storey County Act'' and dated November 20, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
SEC. 503. CONVEYANCE OF FEDERAL LAND IN STOREY COUNTY,
NEVADA.
Subject to valid existing rights and notwithstanding the
land use planning requirements of sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 180 days after the date of the
enactment of this Act and if requested by the County, the
Secretary shall convey to the County, by quitclaim deed, all
surface rights of the United States in and to the Federal
land, including any improvements thereon. All costs
associated with the conveyance under this section shall be
the responsibility of the Bureau of Land Management.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Elko Motocross and Tribal
Conveyance Act''.
SEC. 602. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
Subtitle A--Elko Motocross Land Conveyance
SEC. 611. DEFINITIONS.
In this subtitle:
(1) County.--The term ``county'' means the county of Elko,
Nevada.
(2) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated April 19, 2013.
SEC. 612. CONVEYANCE OF LAND TO ELKO COUNTY.
(a) In General.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights and
the provisions of this section, if requested by the county
the Secretary shall convey to the county, without
consideration, all right, title, and interest of the United
States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 275 acres of land
managed by the Bureau of Land Management, Elko District,
Nevada, as generally depicted on the map as ``Elko Motocross
Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in the map or the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this
subtitle shall be used only as a motocross, bicycle, off-
highway vehicle, or stock car racing area, or for any other
public purpose consistent with uses allowed under the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the
county to pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents
for, and transfers of title to, the land described in
subsection (b).
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada (Elko Band)
SEC. 621. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF
WESTERN SHOSHONE INDIANS OF NEVADA (ELKO BAND).
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Te-moak Tribe of Western Shoshone
Indians of Nevada (Elko Band) (referred to in this subtitle
as the ``Tribe''); and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in
subsection (a) is the approximately 373 acres of land
administered by the Bureau of Land Management, as generally
depicted on the map as ``Expansion Area''.
(c) Map.--The term ``map'' means the map entitled ``Te-moak
Tribal Land Expansion'', dated April 19, 2013. This map shall
be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).
(e) Use of Trust Land.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those
terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(2) General uses.--
(A) In general.--The Tribe shall use the land taken into
trust under subsection (a) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Tribe;
or
(iii) residential or recreational development.
(B) Other uses.--If the Tribe uses any portion of the land
taken into trust under subsection (a) for a purpose other
than a purpose described in subparagraph (A), the Tribe shall
pay to the Secretary an amount that is equal to the fair
market value of the portion of the land, as determined by an
appraisal.
(3) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out
any fuels reduction and other landscape restoration
activities on the land that is beneficial to the Tribe and
the Bureau of Land Management.
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Naval Air Station Fallon
Housing and Safety Development Act''.
SEC. 702. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
transfer to the Secretary of the Navy, without reimbursement,
the Federal land described in subsection (b).
(b) Description of Federal Land.--The Federal land referred
to in subsection (a) is the parcel of approximately 400 acres
of land under the jurisdiction of the Secretary of the
Interior that--
(1) is adjacent to Naval Air Station Fallon in Churchill
County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV-943-
4214-10; N-37875).
(c) Management.--On transfer of the Federal land described
under subsection (b) to the Secretary of the Navy, the
Secretary of the Navy
[[Page H7491]]
shall have full jurisdiction, custody, and control of the
Federal land.
SEC. 703. WATER RIGHTS.
(a) Water Rights.--Nothing in this title shall be
construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this title; or
(2) to authorize the appropriation of water on lands
transferred by this title except in accordance with
applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act.
SEC. 704. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be
transferred under section 702 is withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal leasing
laws, so long as the land remains under the administrative
jurisdiction of the Secretary of the Navy.
The SPEAKER pro tempore (Mr. Wenstrup). Pursuant to the rule, the
gentleman from Washington (Mr. Hastings) and the gentleman from Arizona
(Mr. Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, H.R. 5205 is a bill introduced by former Natural
Resources Committee member Mark Amodei of Nevada and is cosponsored by
his three colleagues from Nevada: Mr. Heck, Mr. Horsford, and Ms.
Titus.
H.R. 5205 combines seven bills addressing Federal land issues in
northern Nevada. This compilation prescribes the preferred or best use
of these lands or addresses or resolves longstanding issues within the
affected Federal areas.
It is the product of tireless negotiations with the stakeholders and
the Nevada congressional delegation to reflect a broad compromise of
ideas and solutions, and it provides a balanced or complementary
approach to the proposed wilderness in the bill by advancing measures
to create jobs and solve long-awaited problems for these northern
Nevada communities.
Mr. Speaker, I want to commend my colleague, Mr. Amodei, for his
tireless work in bringing this bill to the floor today. For him, I know
this has been a labor of love, and the State of Nevada should be proud
of his accomplishments today.
I urge my colleagues to support the bill, and I reserve the balance
of my time.
Mr. GRIJALVA. I yield myself, Mr. Speaker, as much time as I may
consume.
(Mr. GRIJALVA asked and was given permission to revise and extend his
remarks.)
Mr. GRIJALVA. Mr. Speaker, H.R. 5205 is a comprehensive package of
bills that deals with several public lands issues in Nevada. We are
pleased this package establishes nearly 40,000 acres of new wilderness
and are happy to see that the majority worked across the aisle to
eliminate language which concerned us.
Several of the management activities described in H.R. 5205 are
limited to the existing purview of the managing agencies and as
authorized by the Wilderness Act; however, this legislation contains
ambiguous language that could be construed as an exception to authorize
thinning in wilderness for other activities beyond wildfire mitigation.
As the West continues to dry up and the threat of wildfire increases,
we recognize the importance of fire mitigation measures; nevertheless,
it is the intent of Congress that any thinning activities conducted for
the purpose of mitigating wildfires be carried out within the framework
of the Wilderness Act in the Pine Forest Range and the Wovoka
Wilderness.
It is encouraging to see the majority is willing to advance important
conservation bills. I hope we can continue to work towards bipartisan
conservation legislation which is of critical importance for all
Americans.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I advise my friend I have
another speaker, but I don't see him on the floor. Pending his arrival,
I will reserve the balance of my time.
Mr. GRIJALVA. At this point, Mr. Speaker, let me yield as much time
as he may consume to the gentleman from Nevada (Mr. Horsford), one of
the supporters of the legislation.
Mr. HORSFORD. Mr. Speaker, let me thank the ranking subcommittee
chairman, Mr. Grijalva, for his leadership and the chairman for the
House Natural Resources Committee.
It is my honor to be here in support of this legislation today. With
this bill, the city of Yerington, which is one key provision of this
bill within this measure, will be allowed to purchase at fair market
value over 10,000 acres of land from the Bureau of Land Management.
It is a very technical bill but has tremendous impacts to the State
of Nevada at large. This is a true benefit for Lyon County, and it is
in no way a giveaway. This project will generate between $15 to $25
million in annual revenue for Lyon County, Lyon County schools, South
Lyon Hospital District, the Mason Valley Fire Protection District, and
the State of Nevada.
Nevada Copper, the relevant mining company, already owns roughly 95
percent of the minerals to be mined, and it is contained on 1,500 acres
of privately-held land.
We expect that the total economic impact of this development will
create approximately 3,000 to 4,000 jobs when you include indirect
employment. The mine itself will directly employ approximately 800 to
900 people, providing high-quality wages for nearly two decades. This
is in addition to the more than 500 people who will be employed during
the construction phase.
In this comprehensive development, up to 63 percent of the acquired
Federal lands will be used for infrastructure, other economic
development, and local recreation.
We further anticipate that the city of Yerington will be able to draw
in additional economic activity due to these infrastructure investments
which include power, roads, water, and sewer infrastructure;
additionally, this project is environmentally sound.
In fact, the legislation includes the creation of the Wovoka
Wilderness Act which will protect old growth pinyon pine and unique
archeological sites and preserve this region for future generations of
Nevada.
This is a commonsense bill that will create jobs for one of the most
economically depressed counties in our country; and, while it took time
for this legislation to move, it reminds me that with hard work,
determination, and a little bipartisanship, we can get things done.
This is a bill that has unanimous support from the local community.
It has unanimous support from the Federal delegation of the State of
Nevada, and it passed without objection out of the House Natural
Resources Committee.
Let's use the passage of a noncontroversial bill out of the House as
a lesson that there is a place for Congress to help the American
people. There is good that government can do, and something that
appears to be a small achievement in the constellation of national
politics will mean a lot to Lyon County, particularly the city of
Yerington.
In addition to moving this important job-creating bill, I am looking
forward to working with my colleagues to move the Tule Springs national
monument bill considered for action next.
On top of the national park designation, this bill would transfer
land from the BLM to the cities of Las Vegas and North Las Vegas for
two 600-acre economic development zones.
It would also transfer land across the street from the southern
Nevada veterans hospital. Mayor John Lee and I envision this as space
for a new medical complex that could be the anchor for a new medical
school in southern Nevada.
Let's keep working. We have great momentum right now. Nevadans today
see that we can get things done here in Washington and Washington can
solve problems; and, while today's bill is just a tiny crack in the dam
of congressional gridlock, if we keep moving forward where we have
consensus, we can
[[Page H7492]]
achieve great things for our constituents.
I want to especially thank my colleague, Representative Mark Amodei,
for all of his hard work on this important legislation. Our
congressional districts both contain parts of Lyon County.
He fought hard for this bill during previous sessions of Congress.
His support has been critical to getting this entire package of bills
through this House, and I want to continue working with him and our
entire Nevada delegation to put our State first.
I also want to thank the ranking member, Mr. DeFazio, for helping
make this bill a top priority for our side of the aisle, as well as to
the subcommittee chairman, Mr. Grijalva, for advocating for this bill
to move quickly through the process.
Last but not least I want to thank Chairman Doc Hastings and the
chairman of the subcommittee, Mr. Bishop, for working across the aisle
and making this bill a priority.
Since I have arrived in Congress, you both have been willing to work
with me on important public lands issues for my home State, and I am
grateful to you both for your service and for your stability in working
together on the House Natural Resources Committee.
Again, Mr. Speaker, this is an important bill that would create jobs
that are desperately needed in a portion of Nevada's Fourth District,
and I would like to thank this body for their consideration in passage
of this important legislation.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Nevada (Mr. Amodei), the author of this
legislation.
Mr. AMODEI. Mr. Speaker, I want to associate myself with the remarks
of my colleagues on both sides of the aisle that went before me on this
measure.
I want to also say thank you to the House of Representatives for
passing this bill again in the 113th Congress. It was passed in the
112th Congress.
There were concerns about not having a conservation element. It
contained 75,000 acres of wilderness, 50 in Lyon County, 25,000--
congratulations to the folks in Humboldt County who have worked on the
pine forest bill for a long time--elements in Elko, elements in
Fernley--it clears up some title problem for the folks in Virginia City
dating back to the Comstock days.
I guess, now, it is appropriate since we have shown such unity on
this bill in passing it out of the House twice for all eyes--for all
eyes--to turn to our colleagues at the north end of the building and
see what they can do with the bill that my colleague from Nevada (Mr.
Horsford) has so eloquently described as nearly unanimous and
overwhelmingly bipartisan.
Go, Senate.
Mr. HASTINGS of Washington. I advise my friend I have no more
requests for time. If the gentleman is prepared to yield back, I yield
back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I have no further speakers, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 5205, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________