[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[House]
[Pages H387-H392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERSHING COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1107) to promote conservation, improve public land
management, and provide for sensible development in Pershing County,
Nevada, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1107
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 ``Pershing
County Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CHECKERBOARD LAND RESOLUTION
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Sale or exchange of eligible land.
Sec. 104. Disposition of proceeds.
TITLE II--LAND CONVEYANCES AND TRANSFERS
Sec. 201. Conveyances of covered land.
Sec. 202. Conveyance of land for use as a public cemetery.
TITLE III--WILDERNESS AREAS
Sec. 301. Additions to the National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Wildlife management.
Sec. 304. Release of wilderness study areas.
Sec. 305. Native American cultural and religious uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Pershing County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 301(a).
TITLE I--CHECKERBOARD LAND RESOLUTION
SEC. 101. FINDINGS.
Congress finds that--
(1) since the passage of the Act of July 1, 1862 (12 Stat.
489, chapter 120) (commonly known as the ``Pacific Railway
Act of 1862''), under which railroad land grants along the
Union Pacific Railroad right-of-way created a checkerboard
land pattern of alternating public land and privately owned
land, management of the land in the checkerboard area has
been a constant source of frustration for both private
landholders and the Federal Government;
(2) management of Federal land in the checkerboard area has
been costly and difficult for the Federal land management
agencies, creating a disincentive to manage the land
effectively;
(3) parcels of land within the checkerboard area in the
County will not vary significantly in appraised value by acre
due to the similarity of highest and best use in the County;
and
(4) consolidation of appropriate land within the
checkerboard area through sales and as acre-for-acre
exchanges for development and Federal management will--
(A) help improve the tax base of the County; and
(B) simplify management for the Federal Government.
SEC. 102. DEFINITIONS.
In this title:
(1) Eligible land.--The term ``eligible land'' means--
(A) any land administered by the Director of the Bureau of
Land Management that is within the area identified on the Map
as ``Checkerboard Lands Resolution Area'' that
[[Page H388]]
is designated for disposal by the Secretary through--
(i) the Winnemucca Consolidated Resource Management Plan;
or
(ii) any subsequent amendment or revision to the management
plan that is undertaken with full public involvement; and
(B) the land identified on the Map as ``Additional Lands
Eligible for Disposal''.
(2) Map.--The term ``Map'' means the map entitled
``Pershing County Checkerboard Lands Resolution'' and dated
February 9, 2017.
SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND.
(a) Authorization of Conveyance.--Notwithstanding sections
202 and 203, subsections (b) through (i) of section 206, and
section 209 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713, 1716, 1719), the Secretary, in
cooperation with the County, in accordance with this Act and
any other applicable law, and subject to valid existing
rights, shall conduct sales or exchanges of the eligible
land.
(b) Joint Selection Required.--The Secretary and the County
shall jointly select which parcels of eligible land to offer
for sale or exchange under subsection (a).
(c) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale or exchange under subsection (a), the
County shall submit to the Secretary a certification that
qualified bidders have agreed to comply with--
(1) local zoning ordinances; and
(2) any master plan for the area approved by the County.
(d) Method of Sale or Exchange.--
(1) In general.--The sale or exchange of eligible land
under subsection (a) shall be--
(A) consistent with subsections (b), (d), and (f) of
section 203 and section 206(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1716(a)); and
(B) conducted through--
(i) a sale, which shall be--
(I) through a competitive bidding process, under which
adjoining landowners are offered the first option, unless
otherwise determined by the Secretary;
(II) for not less than fair market value, based on an
appraisal in accordance with the Uniform Standards of
Professional Appraisal Practice; and
(III) conducted in accordance with subsection (f); or
(ii) subject to paragraph (3), an acre-for-acre exchange
for private land located within a Management Priority Area
identified under paragraph (4)(A).
(2) Mass appraisal.--Not later than 1 year after the date
of enactment of this Act, and every 5 years thereafter, the
Secretary shall--
(A) conduct a mass appraisal of the eligible land to
determine whether any parcel of eligible land is likely
valued at equal to or greater than $500 per acre (in 2017
constant dollars, as measured by the Consumer Price Index);
and
(B) make available to the public the results of the mass
appraisal conducted under subparagraph (A).
(3) Exclusion.--
(A) In general.--If the Secretary determines that a parcel
of eligible land is likely valued at equal to or greater than
$500 per acre (in 2017 constant dollars, as measured by the
Consumer Price Index) under paragraph (2)(A), the Secretary
shall exclude that parcel from the acre-for-acre exchange
described in paragraph (1)(B)(ii).
(B) Publication in federal register.--If a mass appraisal
of eligible land under paragraph (2)(A) is not finalized, or
up-to-date and publicly available, before an acre-for-acre
exchange described in paragraph (1)(B)(ii) is completed, the
Secretary may finalize the exchange if the Secretary
publishes in the Federal Register--
(i) a determination stating that the one or more parcels of
eligible land included in the exchange are likely valued at
less than $500 per acre (in 2017 constant dollars, as
measured by the Consumer Price Index); and
(ii) a description of the methodology used to arrive at
that determination.
(4) Management priority areas.--
(A) In general.--Subject to subparagraph (B), not later
than 1 year after the date of enactment of this Act, for the
purpose of the exchanges authorized under paragraph
(1)(B)(ii), the Secretary--
(i) shall identify Management Priority Areas within the
Checkerboard Lands Resolution Area, as identified on the Map,
that are considered by the Secretary to be--
(I) greater sage-grouse habitat;
(II) part of an identified wildlife corridor or designated
critical habitat;
(III) of value for outdoor recreation or public access for
hunting, fishing, and other recreational purposes;
(IV) of significant cultural, historic, ecological, or
scenic value; or
(V) of value for improving Federal land management; and
(ii) as appropriate, may identify additional management
priority areas in the County any time after the
identification under clause (i) is completed.
(B) Limitation.--Management of Federal land within any
Management Priority Area identified under subparagraph (A)
shall not be changed based solely on that identification.
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights and
mining claims for which the claims maintenance fees have been
paid in the applicable assessment year, effective on the date
on which a parcel of eligible land is selected for sale or
exchange under subsection (b), that parcel is withdrawn
from--
(A) all forms of entry and appropriation under the public
land laws, including the mining laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(2) Termination.--The withdrawal of a parcel of eligible
land under paragraph (1) shall terminate--
(A) on the date of sale or, in the case of exchange, the
conveyance of title of the parcel of eligible land under this
title; or
(B) with respect to any parcel of eligible land selected
for sale or exchange under subsection (b) that is not sold or
exchanged, not later than 2 years after the date on which the
parcel was offered for sale or exchange under this title.
(f) Parameters for Sale or Exchange.--
(1) Sales.--
(A) Deadline.--Except as provided in paragraph (3), not
later than 1 year after the date of enactment of this Act,
and not less frequently than once per year thereafter until
the date on which the limitation in subparagraph (B) has been
reached or the date on which the County requests a
postponement under paragraph (3), the Secretary shall offer
for sale the parcels of eligible land jointly selected under
subsection (b).
(B) Limitation.--The total acreage of eligible land sold
under this title shall consist of not more than 150,000 acres
of eligible land.
(2) Deadline for exchanges.--Except as provided in
paragraph (3), not later than 1 year after the date on which
the Management Priority Areas are identified under subsection
(d)(4)(A), and not less frequently than once per year
thereafter until the date on which all of the parcels of
eligible land have been disposed of or the date on which the
County requests a postponement under paragraph (3), the
Secretary shall offer for exchange the parcels of eligible
land jointly selected under subsection (b).
(3) Postponement; exclusion for sale or exchange.--
(A) Request by county for postponement or exclusion.--At
the request of the County, the Secretary shall postpone or
exclude from a sale or exchange all or a portion of the
eligible land jointly selected under subsection (b).
(B) Indefinite postponement.--Unless specifically requested
by the County, a postponement under subparagraph (A) shall
not be indefinite.
(C) Postponement or exclusion by the secretary.--The
Secretary may postpone or exclude from a sale or exchange all
or a portion of the eligible land jointly selected under
subsection (b) for emergency ecological or safety reasons.
SEC. 104. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--Of the proceeds from the sale
of land under section 103 or 201--
(1) 5 percent shall be disbursed to the State for use in
the general education program of the State;
(2) 10 percent shall be disbursed to the County for use as
determined through normal County budgeting procedures; and
(3) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Pershing County Special Account'', which shall be available
to the Secretary, in consultation with the County, for--
(A) the reimbursement of costs incurred by the Department
of the Interior in preparing for the sale or exchange of the
eligible land, including--
(i) the costs of surveys and appraisals; and
(ii) the costs of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713);
(B) the conduct of wildlife habitat conservation and
restoration projects, including projects that benefit the
greater sage-grouse in the County;
(C) a project or activity carried out in the County to
address drought conditions;
(D) the implementation of wildfire presuppression and
restoration projects in the County;
(E) the acquisition of environmentally sensitive land or
interests in environmentally sensitive land in the County;
(F) projects that secure public access to Federal land for
hunting, fishing, and other recreational purposes through
easements or rights-of-way in the County; and
(G) the conduct of any surveys related to the designation
of the wilderness areas under title III.
(b) Investment of Special Account.--Any amounts deposited
in the special account established under subsection (a)(3)--
(1) shall earn interest in an amount determined by the
Secretary of the Treasury, based on the current average
market yield on outstanding marketable obligations of the
United States of comparable maturities; and
(2) may be expended by the Secretary in accordance with
this section.
(c) Reports.--
(1) In general.--Beginning with fiscal year 2020, and once
every 5 fiscal years thereafter, not later than 60 days after
the last day of the preceding fiscal year, the Secretary
shall submit to the State, the County, and the appropriate
committees of Congress a report on
[[Page H389]]
the operation of the special account established under
subsection (a)(3) for the preceding 5 fiscal years.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the fiscal year covered by the report--
(A) a statement of the amounts deposited into the special
account;
(B) a description of the expenditures made from the special
account for the fiscal year, including the purpose of the
expenditures;
(C) recommendations for additional authorities to fulfill
the purpose of the special account; and
(D) a statement of the balance remaining in the special
account at the end of the fiscal year.
TITLE II--LAND CONVEYANCES AND TRANSFERS
SEC. 201. CONVEYANCES OF COVERED LAND.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means any
Federal land or interest in Federal land in the County
identified on the Map as ``Covered Land''.
(2) Map.--The term ``Map'' means the map entitled
``Pershing County Land Conveyances and Transfers'' and dated
February 9, 2017.
(3) Qualified entity.--The term ``qualified entity'' means,
with respect to a portion of covered land--
(A) the owner of the mining claims, millsites, or tunnel
sites on a portion of the covered land on the date of
enactment of this Act;
(B) the lessee, or other successor in interest of the
owner--
(i) with the right of possession of the mining claims,
millsites, or tunnel sites on the covered land;
(ii) that has paid (or whose agent has paid) the annual
claim maintenance fee or filed a maintenance fee waiver on or
before September 1, 2017, with the authority or consent of
the owner, for the upcoming assessment year for the mining
claims, millsites, or tunnel sites within the exterior
boundary of the portion of covered land, as determined based
on the claim maintenance fee records of the Bureau of Land
Management as of the date of introduction of this Act; and
(iii) that has the authority or consent of the owner to
acquire the portion of covered land; or
(C) a subsequent successor to the interest of a qualified
entity in the covered land that has the authority or consent
of the owner to acquire the portion of covered land.
(b) Land Conveyances.--
(1) In general.--Subject to paragraph (3), notwithstanding
the inventory and land use planning requirements of sections
201 and 202 or the sales provisions of section 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711, 1712, 1713), not later than 180 days after the date of
enactment of this Act and subject to valid existing rights
held by third parties and any mining claims, millsite, or
tunnel site of a qualified entity applicable to the covered
land, the Secretary shall offer for sale to qualified
entities, for fair market value, the remaining right, title,
and interest of the United States in and to the covered land.
(2) Conveyance.--Not later than 1 year after the date of
the acceptance of an offer under paragraph (1) by a qualified
entity and completion of a sale for all or part of the
covered land to a qualified entity, the Secretary, by
delivery of an appropriate deed, patent, or other valid
instrument of conveyance, shall convey to the qualified
entity, all remaining right, title, and interest of the
United States in and to the applicable portion of the covered
land.
(3) Merger.--Subject to valid existing rights held by third
parties, on delivery of the instrument of conveyance to the
qualified entity under paragraph (2), any prior interests in
the locatable minerals and the right to use the surface for
mineral purposes held by the qualified entity under a mining
claim, millsite, tunnel site, or any other Federal land use
authorization applicable to the covered land conveyed to the
qualified entity shall merge with all right, title, and
interest conveyed to the qualified entity by the United
States under this section to ensure that the qualified entity
receives fee simple title to the purchased covered land.
(4) Appraisal to determine fair market value.--The
Secretary shall determine the fair market value of the
covered land to be conveyed under this subsection in
accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(5) Costs.--As a condition of the conveyance of the covered
land under this section, the qualified entity shall pay all
costs related to the conveyance of the covered land conveyed,
including the costs of surveys and other administrative costs
associated with the conveyance.
(6) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(7) Minor corrections.--The Secretary, in consultation with
the County, may correct minor errors in the Map or a
description of the covered land.
(c) Disposition of Proceeds.--Any amounts collected under
this section shall be disposed of in accordance with section
104.
(d) Termination.--The authority of the Secretary to sell
covered land under this section shall terminate on the date
that is 10 years after the date of enactment of this Act.
SEC. 202. CONVEYANCE OF LAND FOR USE AS A PUBLIC CEMETERY.
(a) In General.--The Secretary shall convey to the County,
without consideration, the Federal land described in
subsection (b).
(b) Description of Federal Land.--The Federal land referred
to in subsection (a) is the approximately 10 acres of land
depicted as ``Unionville Cemetery'' on the Map.
(c) Use of Conveyed Land.--The Federal land conveyed under
subsection (a) shall be used by the County as a public
cemetery.
TITLE III--WILDERNESS AREAS
SEC. 301. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land
in the State are designated as wilderness and as components
of the National Wilderness Preservation System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
12,339 acres, as generally depicted on the map entitled
``Proposed Cain Mountain Wilderness'' and dated February 9,
2017, which shall be known as the ``Cain Mountain
Wilderness''.
(2) Bluewing wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
24,900 acres, as generally depicted on the map entitled
``Proposed Bluewing Wilderness'' and dated February 9, 2017,
which shall be known as the ``Bluewing Wilderness''.
(3) Selenite peak wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
22,822 acres, as generally depicted on the map entitled
``Proposed Selenite Peak Wilderness'' and dated February 9,
2017, which shall be known as the ``Selenite Peak
Wilderness''.
(4) Mount limbo wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
11,855 acres, as generally depicted on the map entitled
``Proposed Mt. Limbo Wilderness'' and dated February 9, 2017,
which shall be known as the ``Mount Limbo Wilderness''.
(5) North sahwave wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
13,875 acres, as generally depicted on the map entitled
``Proposed North Sahwave Wilderness'' and dated February 9,
2017, which shall be known as the ``North Sahwave
Wilderness''.
(6) Grandfathers' wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
35,339 acres, as generally depicted on the map entitled
``Proposed Grandfathers' Wilderness'' and dated February 9,
2017, which shall be known as the ``Grandfathers'
Wilderness''.
(7) Fencemaker wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
14,942 acres, as generally depicted on the map entitled
``Proposed Fencemaker Wilderness'' and dated February 9,
2017, which shall be known as the ``Fencemaker Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness
area that is bordered by a road shall be 100 feet from the
centerline of the road.
(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 each wilderness area.
(2) Effect.--Each map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--Each 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.
(4) Withdrawal.--Subject to valid existing rights, the
wilderness areas designated by subsection (a) are withdrawn
from--
(A) all forms of entry, appropriation, and 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.
SEC. 302. 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 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) Livestock.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this
Act, shall be allowed to 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) Incorporation of Acquired Land and Interests.--Any land
or interest in land
[[Page H390]]
within the boundary 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.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the wilderness areas to create protective
perimeters or buffer zones around the wilderness areas.
(2) 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.
(e) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, including military overflights that can be
seen or heard within the wilderness areas;
(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 areas.
(f) 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 areas 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).
(g) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological data collection
devices in the wilderness areas if the Secretary determines
that the facilities and access to the facilities are
essential to flood warning, flood control, or water reservoir
operation activities.
(h) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas are located--
(i) in the semiarid region of the Great Basin; and
(ii) at the headwaters of the streams and rivers on land
with respect to which there are few, if any--
(I) actual or proposed water resource facilities located
upstream; and
(II) opportunities for diversion, storage, or other uses of
water occurring outside the land that would adversely affect
the wilderness values of the land;
(B) the wilderness areas are generally not suitable for use
or development of new water resource facilities; and
(C) because of the unique nature of the wilderness areas,
it is possible to provide for proper management and
protection of the wilderness and other values of land in ways
different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the wilderness areas by means other than
a federally reserved water right.
(3) Statutory construction.--Nothing in this Act--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the wilderness areas;
(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.
(4) 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
areas.
(5) 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 Act, on and after the date of
the 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 areas.
(i) Temporary Telecommunications Device.--
(1) In general.--Nothing in this Act prevents the placement
of a temporary telecommunications device for law enforcement
or agency administrative purposes in the Selenite Peak
Wilderness in accordance with paragraph (2).
(2) Additional requirements.--Any temporary
telecommunications device authorized by the Secretary under
paragraph (1) shall--
(A) be carried out in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) all other applicable laws (including regulations);
(B) to the maximum practicable, be located in such a manner
as to minimize impacts on the recreational and other
wilderness values of the area; and
(C) be for a period of not longer than 7 years.
SEC. 303. 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 Act
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.--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 areas that are necessary to maintain or
restore fish and wildlife populations and the habitats to
support the 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 noxious weed treatment and 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 values with the minimal impact necessary to
reasonably accomplish those tasks.
(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 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 populations, specifically sage-grouse, in the
wilderness areas.
(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 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 and notify
the public before taking any action under paragraph (1).
(f) Cooperative Agreement.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
wilderness areas--
(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 references to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered
to be a reference to the wilderness areas.
SEC. 304. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the approximately 48,600 acres
of public land in the portions of the China Mountain, Mt.
Limbo, Selenite Mountains, and Tobin Range wilderness study
areas that have not been designated as wilderness by section
301(a) and the portion of the Augusta Mountains wilderness
study area within the County that has not been designated as
wilderness by section 301(a) have been adequately studied for
wilderness designation.
(b) Release.--The public land described in subsection (a)--
(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));
and
(2) shall be managed in accordance with the applicable land
use plans adopted under
[[Page H391]]
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712).
SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
(a) In General.--Nothing in this title alters or diminishes
the treaty rights of any Indian tribe (as defined in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).
(b) Cultural Uses.--Nothing in this title precludes the
traditional collection of pine nuts in a wilderness area for
personal, noncommercial use consistent with the Wilderness
Act (16 U.S.C. 1131 et seq.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Montana (Mr. Gianforte) and the gentlewoman from Hawaii (Ms. Hanabusa)
each will control 20 minutes.
The Chair recognizes the gentleman from Montana.
General Leave
Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Montana?
There was no objection.
Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1107, introduced by Congressman Mark Amodei of
Nevada, is a bipartisan bill that consolidates over 300,000 acres of
checkerboard land previously identified for disposal by the Bureau of
Land Management in Pershing County, Nevada. This bill conveys land for
mining and other public purposes, creates a new wilderness area, and
releases certain wilderness study areas, all to benefit conservation,
recreation, and economic development in the county.
Mr. Speaker, 85 percent of Nevada's land is owned and operated by the
Federal Government. Not only does this deprive the State final say on
management decisions in its own backyard, but it also deprives the
State of the tax base utilized by other States to fund roads, school
districts, and police departments.
Pershing County, Nevada, is no different. Seventy-five percent of the
county is federally owned. This bill is a result of over a decade of
negotiations between locally elected officials, miners,
conservationists, sportsmen, ranchers, and residents in the county.
Their hard work and commitment to bipartisanship has resulted in a bill
that benefits all parties, guaranteeing that both the economic and
ecological future of the county are protected.
This bill, in addition to being cosponsored by all Nevada
congressional Representatives, is supported by Pershing County, Friends
of Nevada Wilderness, the Nevada Chapter of the Backcountry Hunters and
Anglers, Coalition for Nevada's Wildlife, and several Nevadan mining
companies, including Clover Nevada, Coeur Mining, EP Minerals, Gold
Acquisition Corp., and Solidus Resources.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
{time} 1715
Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1107 is a bill cosponsored by the entire Nevada
delegation that will enhance both economic development opportunities
and the conservation of public land in Pershing County.
First, I want to mention that this bill will designate over 130,000
acres of wilderness. This is a significant conservation victory and I
would like to congratulate everyone who has worked on making this a
reality.
In addition to the wilderness designation, this bill establishes a
process to exchange or sell up to 400,000 acres of Federal land
throughout Pershing County. I understand that the BLM and other
interested parties have raised some concerns with the appraisal process
set up in the bill. Unfortunately, we were not able to address these
concerns at markup, but I hope we can continue working with our
colleagues in the Senate to make any necessary changes to the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GIANFORTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Nevada (Mr. Amodei).
Mr. AMODEI. Mr. Speaker, I thank my colleagues from Montana and
Hawaii for their supportiveness.
Briefly, Mr. Speaker, this is what you get when people talk about
issues and not cliches. This is a long time in the making, as has been
previously indicated, folks from the wilderness areas, folks from
economic development areas, folks from the resource extraction areas
all coming together on this.
But just in case there is some concern about, oh my God, potentially
we are transferring the Federal estate, let's remind people of a couple
of things that are in this legislation.
First of all, nothing is transferred for nothing. It talks about the
appraisal process and how, if you are going to purchase the Federal
estate, you are going to pay for it.
Secondly, it is talking about exchanges along the Trans-Pacific
legislation on the checkerboard from 1862, which talks about the
Secretary of the Interior is a full partner with the county commission
in identifying those lands that are appropriate for exchange.
Why is this important?
This is important because if they don't think it is a good idea to
exchange, then the Secretary of the Interior can stop that process, so
it doesn't force the Secretary of the Interior to exchange land that he
or she, in the future, doesn't want to.
But let's remind ourselves of one other thing. Exchanges of
checkerboard land are not just something that benefits perhaps economic
development along the Interstate 80 corridor, or somebody who does a
cow-calf operation somewhere. It also allows resource managers, Federal
land managers, wildlife people to consolidate checkerboard lands where
they need to be consolidated, to do things like preserve habitat,
preserve special resource areas, whether it is for mule deer, whether
it is for the endangered species potential of the sage hen, and other
things like that. So it is a two-way street.
So my congratulations to the folks of Pershing County and the BLM
employees in the Winnemucca district.
By the way, no lands are subject to this that haven't been identified
in their resource management plan, their planning document, as
potentially available for either exchange or disposal.
Finally, I want to remind you of this: there are 150,000 acres that
can be bought out of a potential Federal estate of over 9 million acres
in that county. So it is a fraction of 1 percent. And of the potential
available for exchange, it sets an upper limit of 300,000, potential.
The county has to ask for it, the Secretary has to agree to an
exchange.
So when you talk about the size of the Federal estate in Pershing
County--which, by the way, is the home to the Burning Man festival, for
those of you who follow that sort of stuff--it is something that is,
quite frankly, not going to change the landscape, literally speaking,
in terms of the ownership and the diminishment of the Federal estate.
They are still the major player to the tune of--at the end of the day,
95 percent of the Federal estate is still intact.
Finally, on wilderness study areas and wilderness creation areas, in
this bill, you have created about 148,000 acres of new wilderness areas
and you have released parts of five different wilderness study areas
that are about 48,000 acres. So when you start talking about this is a
good housekeeping measure, it allows Pershing County to come into the
new age in terms of what they think is appropriate for their economic
diversification and vitality, but also gives Federal land managers,
resource folks, wildlife groups, and conservation groups, the tools to
do good things in Pershing County, too.
Mr. Speaker, I want to thank my colleague for his generous provision
of the time.
The last piece is this: the most successful public lands legislation
in the country is probably the Southern Nevada Public Lands Management
Act, which turns 20 this year. Much of this is patterned on that.
When you talk about what happens when they sell land, money goes to
education and it goes to the county, and then 85 percent of every
dollar brought in goes for the benefit of those Federal lands, for
those land managers in Pershing County.
[[Page H392]]
It has been working in southern Nevada for 20 years. This is a good
step. I encourage bipartisan, nationwide support.
Ms. HANABUSA. Mr. Speaker, I am just going to close by saying that I
request that all of our colleagues vote to support H.R. 1107, Pershing
County Economic Development and Conservation Act.
Mr. Speaker, I yield back the balance of my time.
Mr. GIANFORTE. Mr. Speaker, I would echo the sentiments of the
gentlewoman from Hawaii (Ms. Hanabusa). I urge my colleagues to vote
for this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Montana (Mr. Gianforte) that the House suspend the rules
and pass the bill, H.R. 1107, 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.
____________________