[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.

                          ____________________