[Congressional Record Volume 161, Number 9 (Tuesday, January 20, 2015)]
[Senate]
[Pages S284-S290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRASSLEY (for himself and Mr. Franken):
S. 194. A bill to amend title 11 of the United States Code to clarify
the rule allowing discharge as a nonpriority claim of governmental
claims arising from the disposition of farm assets under chapter 12
bankruptcies; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, I rise today to introduce, along with
Senator Franken, the Family Farmer Bankruptcy Clarification Act of
2015. I thank Senator Franken for his work on this bill and for his
support. We introduced identical legislation in the 113th Congress and
similar legislation in the 112 Congress. Unfortunately, the Senate has
never had the opportunity to consider these bills and the problem we
seek to correct.
This bipartisan bill addresses the 2012 United States Supreme Court
case Hall v. United States. In a 5-4 decision, the Supreme Court ruled
that a provision I inserted into the 2005 Bankruptcy Abuse Prevention
and Consumer Protection Act didn't accomplish what we in Congress
intended. The Family Farmer Bankruptcy Clarification Act of 2015
corrects this and clarifies that bankrupt family farmers reorganizing
their debts are able to treat capital gains taxes owed to a
governmental unit, arising from the sale of farm assets during a
bankruptcy, as general unsecured claims. This bill will remove the
Internal Revenue Service's veto power over a bankruptcy reorganization
plan's confirmation, giving the family farmer a chance to reorganize
successfully.
In 1986 Congress enacted Chapter 12 of the Bankruptcy Code to provide
a specialized bankruptcy process for family farmers. In 2005 Chapter 12
was made permanent. Between 1986 and 2005 we learned what aspects
worked and didn't work for family farmers reorganizing in bankruptcy.
One problematic area was where a family farmer needed to sell assets in
order to generate cash for the reorganization. Specifically, a family
farmer would have to sell portions of the farm to generate cash to fund
a reorganization plan so that the creditors could receive payment.
Unfortunately, in situations like this, the family farmer is selling
land that has been owned for a very long time, with a very low cost
basis. Thus, when the land is sold, the family farmer is hit with a
substantial capital gains tax, which is owed to the Internal Revenue
Service.
Under the Bankruptcy Code, taxes owed to the Internal Revenue Service
receive priority treatment. Holders of priority claims must receive
payment in full, unless the claim holder agrees to be treated
differently. This creates problems for the family farmer who needs the
cash to pay creditors to reorganize. However, since the Internal
Revenue Service has the ability to require full payment, they hold veto
power over a plan's confirmation, which means in many instances the
plan will not be confirmed. This does not make sense if the goal is to
give the family farmer a fresh start. Thus, in 2005 Congress said that
in these limited situations, the taxes owed to the Internal Revenue
Service would be
[[Page S285]]
stripped of their priority and treated as general unsecured debt. This
removed the government's veto power over plan confirmation and paved
the way for family farmers to reorganize.
Unfortunately, in Hall v. United States, the Supreme Court ruled that
despite Congress's express goal of helping family farmers, the language
inserted into the Bankruptcy Code in 2005 conflicted with the Tax Code.
The Hall case was one of statutory interpretation. There is no question
what Congress was trying to do; rather, did Congress use the correct
language? My goal, along with others at the time, was to relieve family
farmers from having their reorganization plans fail because of huge tax
liabilities to the Federal Government. Justice Breyer noted this in the
dissent: ``Congress was concerned about the effect on the farmer of
collecting capital gains tax debts that arose during (and were
connected with) the Chapter 12 proceedings themselves. . . . The
majority does not deny the importance of Congress' objective. Rather,
it feels compelled to hold that Congress put the Amendment in the wrong
place.'' Hall v. United States, 132 S.Ct. 1882, 1897, 2012.
As a result of the Hall case, family farmers facing bankruptcy now
find themselves caught in a tough spot. The rules have now been changed
and must be corrected in order to provide certainty and clarity in the
law. The Family Farmer Bankruptcy Clarification Act of 2015 will
provide the clarity needed to help family farmers.
This bill adds a new section 1232 to title 11 of the United States
Code. This new section, along with other conforming changes to the
Bankruptcy Code, gives guidance and certainty to debtors,
practitioners, and courts as to how these claims are to be treated
during bankruptcy. I am pleased that the bill we are introducing today
will help family farmers who are facing hard times. The Family Farmer
Bankruptcy Clarification Act of 2015 ensures that what Congress sought
to do in 2005 actually occurs. In the wake of the Hall decision, this
bill is needed in order to help family farmers reorganize successfully.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 194
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farmer Bankruptcy
Clarification Act of 2015''.
SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO
GOVERNMENTAL CLAIMS ARISING FROM THE
DISPOSITION OF FARM ASSETS UNDER CHAPTER 12
BANKRUPTCIES.
(a) In General.--Subchapter II of chapter 12 of title 11,
United States Code, is amended by adding at the end the
following:
``Sec. 1232. Claim by a governmental unit based on the
disposition of property used in a farming operation
``(a) Any unsecured claim of a governmental unit against
the debtor or the estate that arises before the filing of the
petition, or that arises after the filing of the petition and
before the debtor's discharge under section 1228, as a result
of the sale, transfer, exchange, or other disposition of any
property used in the debtor's farming operation--
``(1) shall be treated as an unsecured claim arising before
the date on which the petition is filed;
``(2) shall not be entitled to priority under section 507;
``(3) shall be provided for under a plan; and
``(4) shall be discharged in accordance with section 1228.
``(b) For purposes of applying sections 1225(a)(4),
1228(b)(2), and 1229(b)(1) to a claim described in subsection
(a) of this section, the amount that would be paid on such
claim if the estate of the debtor were liquidated in a case
under chapter 7 of this title shall be the amount that would
be paid by the estate in a chapter 7 case if the claim were
an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under
section 507.
``(c) For purposes of applying sections 523(a), 1228(a)(2),
and 1228(c)(2) to a claim described in subsection (a) of this
section, the claim shall not be treated as a claim of a kind
specified in section 523(a)(1).
``(d)(1) A governmental unit may file a proof of claim for
a claim described in subsection (a) that arises after the
date on which the petition is filed.
``(2) If a debtor files a tax return after the filing of
the petition for a period in which a claim described in
subsection (a) arises, and the claim relates to the tax
return, the debtor shall serve notice of the claim on the
governmental unit charged with the responsibility for the
collection of the tax at the address and in the manner
designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this
chapter, state the name and location of the court in which
the case under this chapter is pending, state the amount of
the claim, and include a copy of the filed tax return and
documentation supporting the calculation of the claim.
``(3) If notice of a claim has been served on the
governmental unit in accordance with paragraph (2), the
governmental unit may file a proof of claim not later than
180 days after the date on which such notice was served. If
the governmental unit has not filed a timely proof of the
claim, the debtor or trustee may file proof of the claim that
is consistent with the notice served under paragraph (2). If
a proof of claim is filed by the debtor or trustee under this
paragraph, the governmental unit may not amend the proof of
claim.
``(4) A claim filed under this subsection shall be
determined and shall be allowed under subsection (a), (b), or
(c) of section 502, or disallowed under subsection (d) or (e)
of section 502, in the same manner as if the claim had arisen
immediately before the date of the filing of the petition.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Subchapter II of chapter 12 of title 11,
United States Code, is amended--
(A) in section 1222(a)--
(i) in paragraph (2), by striking ``unless--'' and all that
follows through ``the holder'' and inserting ``unless the
holder'';
(ii) in paragraph (3), by striking ``and'' at the end;
(iii) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) subject to section 1232, provide for the treatment of
any claim by a governmental unit of a kind described in
section 1232(a).'';
(B) in section 1228--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1)--
(aa) by inserting a comma after ``all debts provided for by
the plan''; and
(bb) by inserting a comma after ``allowed under section 503
of this title''; and
(II) in paragraph (2), by striking ``the kind'' and all
that follows and inserting ``a kind specified in section
523(a) of this title, except as provided in section
1232(c).''; and
(ii) in subsection (c)(2), by inserting ``, except as
provided in section 1232(c)'' before the period at the end;
and
(C) in section 1229(a)--
(i) in paragraph (2), by striking ``or'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(4) provide for the payment of a claim described in
section 1232(a) that arose after the date on which the
petition was filed.''.
(2) Table of sections.--The table of sections for
subchapter II of chapter 12 of title 11, United States Code,
is amended by adding at the end the following:
``1232. Claim by a governmental unit based on the disposition of
property used in a farming operation.''.
(c) Effective Date.--The amendments made by this section
shall apply to any bankruptcy case that--
(1) is pending on the date of enactment of this Act and
relating to which an order of discharge under section 1228 of
title 11, United States Code, has not been entered; or
(2) commences on or after the date of enactment of this
Act.
______
By Mr. REID:
S. 196. A bill to provide for the withdrawal of certain Federal land
in Garden Valley, Nevada; to the Committee on Energy and Natural
Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 196
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Garden Valley Withdrawal
Act''.
SEC. 2. GARDEN VALLEY, NEVADA, WITHDRAWAL.
Subject to valid existing rights in existence on the date
of enactment of this Act, the approximately 805,100 acres of
Federal land generally depicted on the map entitled ``Garden
Valley Withdrawal Area'' and dated July 11, 2014, is
withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
______
By Mr. DURBIN (for himself, Mr. Reed, Mr. Whitehouse, Ms. Warren,
Ms. Hirono, Mr. Franken, Mrs. Feinstein, and Mrs. Boxer):
S. 198. A bill to amend the Internal Revenue Code of 1986 to modify
the rules relating to inverted corporations; to the Committee on
Finance.
[[Page S286]]
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 198
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Corporate Inversions
Act of 2015''.
SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED
CORPORATIONS.
(a) In General.--Subsection (b) of section 7874 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic
Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this
title as a domestic corporation if--
``(A) such corporation would be a surrogate foreign
corporation if subsection (a)(2) were applied by substituting
`80 percent' for `60 percent', or
``(B) such corporation is an inverted domestic corporation.
``(2) Inverted domestic corporation.--For purposes of this
subsection, a foreign corporation shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
``(A) the entity completes after May 8, 2014, the direct or
indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation, or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership, and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by vote or value)
of the entity is held--
``(I) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation, or
``(II) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership, or
``(ii) the management and control of the expanded
affiliated group which includes the entity occurs, directly
or indirectly, primarily within the United States, and such
expanded affiliated group has significant domestic business
activities.
``(3) Exception for corporations with substantial business
activities in foreign country of organization.--A foreign
corporation described in paragraph (2) shall not be treated
as an inverted domestic corporation if after the acquisition
the expanded affiliated group which includes the entity has
substantial business activities in the foreign country in
which or under the law of which the entity is created or
organized when compared to the total business activities of
such expanded affiliated group. For purposes of subsection
(a)(2)(B)(iii) and the preceding sentence, the term
`substantial business activities' shall have the meaning
given such term under regulations in effect on May 8, 2014,
except that the Secretary may issue regulations increasing
the threshold percent in any of the tests under such
regulations for determining if business activities constitute
substantial business activities for purposes of this
paragraph.
``(4) Management and control.--For purposes of paragraph
(2)(B)(ii)--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which the
management and control of an expanded affiliated group is to
be treated as occurring, directly or indirectly, primarily
within the United States. The regulations prescribed under
the preceding sentence shall apply to periods after May 8,
2014.
``(B) Executive officers and senior management.--Such
regulations shall provide that the management and control of
an expanded affiliated group shall be treated as occurring,
directly or indirectly, primarily within the United States if
substantially all of the executive officers and senior
management of the expanded affiliated group who exercise day-
to-day responsibility for making decisions involving
strategic, financial, and operational policies of the
expanded affiliated group are based or primarily located
within the United States. Individuals who in fact exercise
such day-to-day responsibilities shall be treated as
executive officers and senior management regardless of their
title.
``(5) Significant domestic business activities.--For
purposes of paragraph (2)(B)(ii), an expanded affiliated
group has significant domestic business activities if at
least 25 percent of--
``(A) the employees of the group are based in the United
States,
``(B) the employee compensation incurred by the group is
incurred with respect to employees based in the United
States,
``(C) the assets of the group are located in the United
States, or
``(D) the income of the group is derived in the United
States,
determined in the same manner as such determinations are made
for purposes of determining substantial business activities
under regulations referred to in paragraph (3) as in effect
on May 8, 2014, but applied by treating all references in
such regulations to `foreign country' and `relevant foreign
country' as references to `the United States'. The Secretary
may issue regulations decreasing the threshold percent in any
of the tests under such regulations for determining if
business activities constitute significant domestic business
activities for purposes of this paragraph.''.
(b) Conforming Amendments.--
(1) Clause (i) of section 7874(a)(2)(B) of such Code is
amended by striking ``after March 4, 2003,'' and inserting
``after March 4, 2003, and before May 9, 2014,''.
(2) Subsection (c) of section 7874 of such Code is
amended--
(A) in paragraph (2)--
(i) by striking ``subsection (a)(2)(B)(ii)'' and inserting
``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and
(ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)''
in subparagraph (B),
(B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as
the case may be,'' after ``(a)(2)(B)(ii)'',
(C) in paragraph (5), by striking ``subsection
(a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and
(b)(2)(B)(i)'', and
(D) in paragraph (6), by inserting ``or inverted domestic
corporation, as the case may be,'' after ``surrogate foreign
corporation''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after May 8, 2014.
______
By Mr. REID:
S. 199. A bill to establish the Gold Butte National Conservation Area
in Clark County, Nevada, in order to conserve, protect, and enhance the
cultural, archaeological, natural, wilderness, scientific, geological,
historical, biological, wildlife, educational, and scenic resources of
the area, to designate wilderness area, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 199
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 ``Gold Butte
National Conservation Area Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA
Sec. 101. Establishment of Gold Butte National Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. General provisions.
Sec. 104. Gold Butte National Conservation Area Advisory Council.
TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA
Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Military, law enforcement, and emergency overflights.
Sec. 206. Release of wilderness study areas.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Wildlife management.
Sec. 209. Wildfire, insect, and disease management.
Sec. 210. Climatological data collection.
Sec. 211. National Park System land.
TITLE III--GENERAL PROVISIONS
Sec. 301. Relationship to Clark County Multi-Species Habitat
Conservation Plan.
Sec. 302. Visitor center, research, and interpretation.
Sec. 303. Termination of withdrawal of Bureau of Land Management land.
SEC. 2. FINDINGS.
Congress finds that--
(1) the public land in southeastern Nevada generally known
as ``Gold Butte'' is recognized for outstanding--
(A) scenic values;
(B) natural resources, including critical habitat,
sensitive species, wildlife, desert tortoise habitat, and
geology;
(C) historic resources, including historic mining, ranching
and other western cultures, and pioneer activities; and
(D) cultural resources, including evidence of prehistoric
habitation and rock art;
(2) Gold Butte has become a destination for diverse
recreation opportunities, including camping, hiking, hunting,
motorized recreation, and sightseeing;
(3) Gold Butte draws visitors from throughout the United
States;
(4) Gold Butte provides important economic benefits to
Mesquite and other nearby communities;
(5) inclusion of the Gold Butte National Conservation Area
in the National Landscape Conservation System would provide
increased opportunities for--
(A) interpretation of the diverse values of the area for
the visiting public; and
[[Page S287]]
(B) education and community outreach in the region; and
(6) designation of Gold Butte as a National Conservation
Area will permanently protect the scenic, biological,
natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources
within the area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Gold Butte National Conservation Area Advisory Council
established under section 104(a).
(2) Conservation area.--The term ``Conservation Area''
means the Gold Butte National Conservation Area established
by section 101(a).
(3) County.--The term ``County'' means Clark County,
Nevada.
(4) Designated route.--The term ``designated route'' means
a road that is designated as open by the Route Designations
for Selected Areas of Critical Environmental Concern Located
in the Northeast Portion of the Las Vegas BLM District
Environmental Assessment, NV-052-2006-0433.
(5) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 102(b).
(6) Map.--The term ``Map'' means the map entitled ``Gold
Butte National Conservation Area'' and dated May 23, 2013.
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Nevada.
(10) Wilderness area.--The term ``wilderness area'' means a
wilderness areas designated by section 202(a).
TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA
SEC. 101. ESTABLISHMENT OF GOLD BUTTE NATIONAL CONSERVATION
AREA.
(a) Establishment.--There is established the Gold Butte
National Conservation Area in the State.
(b) Area Included.--The Conservation Area shall consist of
approximately 348,515 acres of public land administered by
the Bureau of Land Management in the County, as generally
depicted on the Map.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Conservation Area with the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(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
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management and the National Park Service.
SEC. 102. MANAGEMENT OF CONSERVATION AREA.
(a) Purposes.--In accordance with this title, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable laws, the Secretary shall manage
the Conservation Area in a manner that conserves, protects,
and enhances the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of the Conservation Area.
(b) Management Plan.--
(1) Plan required.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
management plan for the long-term protection and management
of the Conservation Area.
(2) Consultation.--The Secretary shall prepare the
management plan in consultation with the State, local and
tribal government entities, the Advisory Council, and the
public.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area; and
(B) include a recommendation on interpretive and
educational materials regarding the cultural and biological
resources of the region within which the Conservation Area is
located.
(4) Incorporation of route designations.--The management
plan shall incorporate the decisions in the Route
Designations for Selected Areas of Critical Environmental
Concern Located in the Northeast Portion of the Las Vegas BLM
District Environmental Assessment, NV-052-2006-0433.
(c) Uses.--The Secretary shall allow only such uses of the
Conservation Area that the Secretary determines would further
the purpose of the Conservation Area described in subsection
(a).
(d) Incorporation of Acquired Land and Interests.--Any land
or interests in land located within the boundary of the
Conservation Area that is acquired by the United States after
the date of enactment of this Act shall become part of the
Conservation Area and be managed as provided in subsection
(a).
(e) Motorized Vehicles.--
(1) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond
to an emergency, the use of motorized vehicles shall be
permitted only on designated routes.
(2) Monitoring and evaluation.--The Secretary shall
annually--
(A) assess the effects of the use of motorized vehicles on
designated routes; and
(B) in consultation with the Nevada Department of Wildlife,
assess the effects of designated routes on wildlife and
wildlife habitat to minimize environmental impacts and
prevent damage to cultural and historical resources from the
use of designated routes.
(3) Management.--
(A) In general.--The Secretary shall manage designated
routes in a manner that--
(i) is consistent with motorized and mechanized use of the
designated routes that is authorized on the date of the
enactment of this Act;
(ii) ensures the safety of the people that use the
designated routes;
(iii) does not damage sensitive habitat or cultural or
historical resources; and
(iv) provides for adaptive management of resources and
restoration of damaged habitat or resources.
(B) Rerouting.--
(i) In general.--A designated route may be temporarily
closed or rerouted if the Secretary, in consultation with the
State, the County, and the Advisory Council, subject to
subparagraph (C), determines that--
(I) the designated route is having an adverse impact on--
(aa) sensitive habitat;
(bb) natural resources;
(cc) cultural resources; or
(dd) historical resources;
(II) the designated route threatens public safety;
(III) temporary closure of the designated route is
necessary to repair--
(aa) the designated route; or
(bb) resource damage; or
(IV) modification of the designated route would not
significantly affect access within the Conservation Area.
(ii) Priority.--If the Secretary determines that the
rerouting of a designated route is necessary under clause
(i), the Secretary may give priority to existing roads
designated as closed.
(iii) Duration.--A designated route that is temporarily
closed under clause (i) shall remain closed only until the
date on which the resource or public safety issue that led to
the temporary closure has been resolved.
(C) Notice.--The Secretary shall provide information to the
public regarding any designated routes that are open, have
been rerouted, or are temporarily closed through--
(i) use of appropriate signage within the Conservation
Area; and
(ii) the distribution of maps, safety education materials,
law enforcement, and other information considered to be
appropriate by the Secretary.
(4) No effect on non-federal land or interests in non-
federal land.--Nothing in this section affects ownership,
management, or other rights relating to non-Federal land or
interests in non-Federal land.
(5) Map on file.--The Secretary shall keep a current map on
file at the appropriate offices of the Bureau of Land
Management.
(6) Road construction.--Except as necessary for
administrative purposes or to respond to an emergency, the
Secretary shall not construct any permanent or temporary road
within the Conservation Area after the date of enactment of
this Act.
(f) National Landscape Conservation System.--The
Conservation Area shall be administered as a component of the
National Landscape Conservation System.
(g) Hunting, Fishing, and Trapping.--Nothing in this title
affects the jurisdiction of the State with respect to fish
and wildlife, including hunting, fishing, and trapping in the
Conservation Area.
SEC. 103. GENERAL PROVISIONS.
(a) No Buffer Zones.--
(1) In general.--The establishment of the Conservation Area
shall not create an express or implied protective perimeter
or buffer zone around the Conservation Area.
(2) Private land.--If the use of, or conduct of an activity
on, private land that shares a boundary with the Conservation
Area is consistent with applicable law, nothing in this title
concerning the establishment of the Conservation Area
prohibits or limits the use or conduct of the activity.
(b) Withdrawals.--Subject to valid existing rights, all
public land within the Conservation Area, including any land
or interest in land that is acquired by the United States
within the Conservation Area after the date of enactment of
this Act, is withdrawn from--
(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 leasing, mineral materials,
and geothermal leasing laws.
(c) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not affect the management status of any area within the
boundary of the Conservation Area that is protected under the
Clark County Multi-Species Habitat Conservation Plan.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to an area described in paragraph (1) and
this title, the more restrictive provision shall control.
SEC. 104. GOLD BUTTE NATIONAL CONSERVATION AREA ADVISORY
COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act,
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the Secretary shall establish an advisory council, to be
known as the ``Gold Butte National Conservation Area Advisory
Council''.
(b) Duties.--The Advisory Council shall advise the
Secretary with respect to the preparation and implementation
of the management plan.
(c) Applicable Law.--The Advisory Council shall be subject
to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--
(1) In general.--The Advisory Council shall include 13
members to be appointed by the Secretary, of whom, to the
extent practicable--
(A) 4 members shall be appointed after considering the
recommendations of the Mesquite, Nevada, City Council;
(B) 1 member shall be appointed after considering the
recommendations of the Bunkerville, Nevada, Town Advisory
Board;
(C) 1 member shall be appointed after considering the
recommendations of the Moapa Valley, Nevada, Town Advisory
Board;
(D) 1 member shall be appointed after considering the
recommendations of the Moapa, Nevada, Town Advisory Board;
(E) 1 member shall be appointed after considering the
recommendations of the Moapa Band of Paiutes Tribal Council;
and
(F) 5 at-large members from the County shall be appointed
after considering the recommendations of the County
Commission.
(2) Special appointment considerations.--The at-large
members appointed under paragraph (1)(F) shall have
backgrounds that reflect--
(A) the purposes for which the Conservation Area was
established; and
(B) the interests of persons affected by the planning and
management of the Conservation Area.
(3) Representation.--The Secretary shall ensure that the
membership of the Advisory Council is fairly balanced in
terms of the points of view represented and the functions to
be performed by the Advisory Council.
(4) Initial appointment.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall appoint
the initial members of the Advisory Council in accordance
with paragraph (1).
(e) Duties of the Advisory Council.--The Advisory Council
shall advise the Secretary with respect to the preparation
and implementation of the management plan, including
budgetary matters relating to the Conservation Area.
(f) Compensation.--Members of the Advisory Council shall
receive no compensation for serving on the Advisory Council.
(g) Chairperson.--
(1) In general.--The Advisory Council shall elect a
Chairperson from among the members of the Advisory Council.
(2) Term.--The term of the Chairperson shall be 3 years.
(h) Term of Members.--
(1) In general.--The term of a member of the Advisory
Council shall be 3 years.
(2) Successors.--Notwithstanding the expiration of a 3-year
term of a member of the Advisory Council, a member may
continue to serve on the Advisory Council until a successor
is appointed.
(i) Vacancies.--
(1) In general.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment
was made.
(2) Appointment for remainder of term.--A member appointed
to fill a vacancy on the Advisory Council shall serve for the
remainder of the term for which the predecessor was
appointed.
(j) Termination.--The Advisory Council shall terminate not
later than 3 years after the date on which the final version
of the management plan is published.
TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA
SEC. 201. FINDINGS.
Congress finds that--
(1) public land administered by the Bureau of Land
Management, Bureau of Reclamation, and National Park Service
in the County contains unique and spectacular natural,
cultural, and historical resources, including--
(A) priceless habitat for numerous species of plants and
wildlife;
(B) thousands of acres of land that remain in a natural
state; and
(C) numerous sites containing significant cultural and
historical artifacts; and
(2) continued preservation of the public land would benefit
the County and all of the United States by--
(A) ensuring the conservation of ecologically diverse
habitat;
(B) protecting prehistoric cultural resources;
(C) conserving primitive recreational resources; and
(D) protecting air and water quality.
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Additions.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following public land administered
by the National Park Service or the Bureau of Land Management
in the County is designated as wilderness and as components
of the National Wilderness Preservation System:
(1) Virgin peak wilderness.--Certain public land managed by
the Bureau of Land Management, comprising approximately
18,296 acres, as generally depicted on the Map, which shall
be known as the ``Virgin Peak Wilderness''.
(2) Black ridge wilderness.--Certain public land managed by
the Bureau of Land Management, comprising approximately
18,192 acres, as generally depicted on the Map, which shall
be known as the ``Black Ridge Wilderness''.
(3) Bitter ridge north wilderness.--Certain public land
managed by the Bureau of Land Management comprising
approximately 15,114 acres, as generally depicted on the Map,
which shall be known as the ``Bitter Ridge North
Wilderness''.
(4) Bitter ridge south wilderness.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 12,646 acres, as generally depicted on the Map,
which shall be known as the ``Bitter Ridge Wilderness''.
(5) Billy goat peak wilderness.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 30,460 acres, as generally depicted on the Map,
which shall be known as the ``Billy Goat Peak Wilderness''.
(6) Million hills wilderness.--Certain public land managed
by the Bureau of Land Management, comprising approximately
24,818 acres, as generally depicted on the Map, which shall
be known as the ``Million Hills Wilderness''.
(7) Overton wilderness.--Certain Federal land within the
Lake Mead National Recreation Area, comprising approximately
23,227 acres, as generally depicted on the Map, which shall
be known as the ``Overton Wilderness''.
(8) Twin springs wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 9,684 acres, as generally depicted on the Map,
which shall be known as the ``Twin Springs Wilderness''.
(9) Scanlon wash wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 22,826 acres, as generally depicted on the Map,
which shall be known as the ``Scanlon Wash Wilderness''.
(10) Hiller mountains wilderness.--Certain Federal land
within the Lake Mead National Recreation Area, comprising
approximately 14,832 acres, as generally depicted on the Map,
which shall be known as the ``Hiller Mountains Wilderness''.
(11) Hell's kitchen wilderness.--Certain Federal land
within the Lake Mead National Recreation Area, comprising
approximately 12,439 acres, as generally depicted on the Map,
which shall be known as the ``Hell's Kitchen Wilderness''.
(12) Indian hills wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 8,955 acres, as generally depicted on the Map,
which shall be known as the ``Indian Hills Wilderness''.
(13) Lime canyon wilderness additions.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 10,069 acres, as generally depicted on the Map,
which is incorporated in, and shall be managed as part of,
the ``Lime Canyon Wilderness'' designated by section
202(a)(9) of the Clark County Conservation of Public Land and
Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public
Law 107-282).
(b) National Landscape Conservation System.--The wilderness
areas administered by the Bureau of Land Management shall be
administered as components of the National Landscape
Conservation System.
(c) Road Offset.--The boundary of any portion of a
wilderness area that is bordered by a road shall be at least
100 feet away from the centerline of the road so as not to
interfere with public access.
(d) Lake Offset.--The boundary of any portion of a
wilderness area that is bordered by Lake Mead or the Colorado
River shall be 300 feet inland from the high water line.
(e) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area with the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--Each map and legal description 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.--Each map and legal description under
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management and the National Park Service.
SEC. 203. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Incorporation of Acquired Land and Interests.--Any land
or interest in land within the boundaries of a wilderness
area that is acquired by the United States after the date of
enactment of this Act shall be added to, and administered as
part of, the wilderness area within which the acquired land
or interest is located.
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(c) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as a wilderness area--
(i) is within the Mojave Desert;
(ii) is arid in nature; and
(iii) includes ephemeral streams;
(B) the hydrology of the land designated as a wilderness
area is locally characterized by complex flow patterns and
alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region within which
the land designated as a wilderness area is located is
characterized by ground water subject to local and regional
flow gradients and artesian aquifers;
(D) the land designated as a wilderness area is generally
not suitable for use or development of new water resource
facilities;
(E) there are no actual or proposed water resource
facilities and no opportunities for diversion, storage, or
other uses of water occurring outside the land designated as
a wilderness area that would adversely affect the wilderness
or other values of the land; and
(F) because of the unique nature and hydrology of the
desert land designated as a wilderness area and the existence
of the Clark County Multi-Species Habitat Conservation Plan,
it is possible to provide for proper management and
protection of the wilderness, perennial springs, and other
values of the land in ways different than the methods used in
other laws.
(2) Statutory construction.--
(A) No reservation.--Nothing in this title constitutes an
express or implied reservation by the United States of any
water or water rights with respect to the land designated as
a wilderness area.
(B) State rights.--Nothing in this title affects any water
rights in the State existing on the date of enactment of this
Act, including any water rights held by the United States.
(C) No precedent.--Nothing in this subsection establishes a
precedent with regard to any future wilderness designations.
(D) No effect on compacts.--Nothing in this title limits,
alters, modifies, or amends any of the interstate compacts or
equitable apportionment decrees that apportion water among
and between the State and other States.
(E) Clark county multi-species habitat conservation plan.--
Nothing in this title limits, alters, modifies, or amends the
Clark County Multi-Species Habitat Conservation Plan with
respect to the land designated as a wilderness area,
including specific management actions for the conservation of
perennial springs.
(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 land
designated as a wilderness area.
(4) New projects.--
(A) Definition.--
(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, and
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) No licenses or permits.--Except as otherwise provided
in this title, on and 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 land designated as a
wilderness area.
(d) Withdrawal.--Subject to valid existing rights, any
Federal land within the wilderness areas, including any land
or interest in land that is acquired by the United States
within the Conservation Area after the date of enactment of
this Act, is withdrawn from--
(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 leasing, mineral materials,
and geothermal leasing laws.
SEC. 204. ADJACENT MANAGEMENT.
(a) No Buffer Zones.--Congress does not intend for the
designation of land as wilderness areas to lead to the
creation of protective perimeters or buffer zones around the
wilderness areas.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness
area.
SEC. 205. MILITARY, LAW ENFORCEMENT, AND EMERGENCY
OVERFLIGHTS.
Nothing in this Act restricts or precludes--
(1) low-level overflights of military, law enforcement, or
emergency medical services aircraft over the area designated
as wilderness by this Act, including military, law
enforcement, or emergency medical services overflights that
can be seen or heard within the wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military, law enforcement,
or emergency medical services flight training routes, over
the wilderness area.
SEC. 206. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the Bureau of Land Management land in
any portion of the wilderness study areas located within the
Conservation Area not designated as a wilderness area has
been adequately studied for wilderness designation.
(b) Release.--Any Bureau of Land Management land described
in subsection (a) that is not designated as a wilderness
area--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
(2) shall be managed in accordance with--
(A) the land management plans adopted under section 202 of
that Act (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. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title diminishes--
(1) the rights of any Indian tribe; or
(2) tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
SEC. 208. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
wilderness areas.
(b) Management Activities.--
(1) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
management activities to maintain or restore fish and
wildlife populations and the habitats to support the
populations may be carried out within the wilderness areas,
if the activities--
(A) are consistent with relevant wilderness management
plans; and
(B) are carried out in accordance with appropriate
policies, such as those set forth in Appendix B of House
Report 101-405.
(2) Use of motorized vehicles.--The management activities
under paragraph (1) may include the occasional and temporary
use of motorized vehicles, if the use, as determined by the
Secretary, would--
(A) promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values;
and
(B) accomplish the purposes described in subparagraph (A)
with the minimum impact necessary to reasonably accomplish
the task.
(c) Existing Activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(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, including bighorn sheep, and feral stock,
horses, and burros.
(d) Wildlife Water Development Projects.--Subject to
subsection (f), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness areas if--
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable and more naturally distributed wildlife
populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary may designate, by
regulation, areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting, fishing, or
trapping will be permitted in the wilderness areas.
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency before
promulgating regulations under paragraph (1).
(f) Cooperative Agreement.--The State, including a designee
of the State, may conduct wildlife management activities in
the wilderness areas--
(1) 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
(2) subject to all applicable laws (including regulations).
SEC. 209. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.
(a) In General.--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 each wilderness area as 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).
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(b) Effect.--Nothing in this Act precludes a Federal,
State, or local agency from conducting wildfire management
operations (including operations using aircraft or mechanized
equipment) in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)).
SEC. 210. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
require, nothing in this title precludes the installation and
maintenance of hydrologic, meteorologic, or climatological
collection devices in the wilderness areas if the facilities
and access to the facilities are essential to flood warning,
flood control, and water reservoir operation activities.
SEC. 211. NATIONAL PARK SYSTEM LAND.
To the extent any of the provisions of this title are in
conflict with laws (including regulations) or management
policies applicable to Federal land within the Lake Mead
National Recreation Area designated as a wilderness area, the
laws (including regulations) or policies shall control.
TITLE III--GENERAL PROVISIONS
SEC. 301. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT
CONSERVATION PLAN.
(a) In General.--Nothing in this Act limits, alters,
modifies, or amends the Clark County Multi-Species Habitat
Conservation Plan with respect to the Conservation Area and
the wilderness areas, including the specific management
actions contained in the Clark County Multi-Species Habitat
Conservation Plan for the conservation of perennial springs.
(b) Conservation Management Areas.--The Secretary shall
credit the Conservation Area and the wilderness areas as
Conservation Management Areas, as may be required by the
Clark County Multi-Species Habitat Conservation Plan
(including amendments to the plan).
(c) Management Plan.--In developing the management plan, to
the extent consistent with this section, the Secretary may
incorporate any provision of the Clark County Multi-Species
Habitat Conservation Plan.
SEC. 302. VISITOR CENTER, RESEARCH, AND INTERPRETATION.
(a) In General.--The Secretary, acting through the Director
of the Bureau of Land Management, may establish, in
cooperation with any other public or private entities that
the Secretary may determine to be appropriate, a visitor
center and field office in Mesquite, Nevada--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of--
(A) the Lake Mead National Recreation Area;
(B) the Grand Canyon-Parashant National Monument; and
(C) the Conservation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed--
(1) to interpret the scenic, biological, natural,
historical, scientific, paleontological, recreational,
ecological, wilderness, and cultural resources of each of the
areas described in that subsection; and
(2) to serve as an interagency field office for each of the
areas described in that subsection.
(c) Cooperative Agreements.--The Secretary may, in a manner
consistent with this Act, enter into cooperative agreements
with the State, the State of Arizona, and any other
appropriate institutions and organizations to carry out the
purposes of this section.
SEC. 303. TERMINATION OF WITHDRAWAL OF BUREAU OF LAND
MANAGEMENT LAND.
(a) Termination of Withdrawal.--The withdrawal of the
parcels of Bureau of Land Management land described in
subsection (b) for use by the Bureau of Reclamation is
terminated.
(b) Description of Land.--The parcels of land referred to
in subsection (a) consist of the Bureau of Land Management
land identified on the Map as ``Transfer from BOR to BLM''.
(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 land reverting to the Bureau of Land
Management under subsection (a).
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the Map; or
(B) 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 and the
Bureau of Reclamation.
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