[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5772-S5789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6255. Ms. CORTEZ MASTO (for herself and Ms. Rosen) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FALLON RANGE TRAINING COMPLEX AND CHURCHILL COUNTY ECONOMIC
DEVELOPMENT AND CONSERVATION
TITLE L--FALLON RANGE TRAINING COMPLEX
SEC. 5001. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING
COMPLEX.
The Military Land Withdrawals Act of 2013 (Public Law 113-
66; 127 Stat. 1025) is amended by adding at the end the
following:
``Subtitle G--Fallon Range Training Complex, Nevada
``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
``(a) Withdrawal.--
``(1) Bombing ranges.--Subject to valid rights in existence
on the date of enactment of this subtitle, and except as
otherwise provided in this subtitle, the land established as
the B-16, B-17, B-19, and B-20 Ranges, as referred to in
subsection (b), and all other areas within the boundary of
such land as depicted on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill' and dated September 30, 2022, which may become
subject to the operation of the public land laws, are
withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the public
land laws;
``(B) location, entry, and patent under the mining laws;
and
``(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
``(2) Dixie valley training area.--The land and interests
in land within the boundaries established at the Dixie Valley
Training Area, as referred to in subsection (b), are
withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the public
land laws; and
``(B) location, entry, and patent under the mining laws.
``(b) Description of Land.--The public land and interests
in land withdrawn and reserved by this section comprise
approximately [790,825] acres of land in Churchill County,
Lyon County, Mineral County, Pershing County, and Nye County,
Nevada, as generally depicted as `Proposed Withdrawal Land'
and `Existing Withdrawals' on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization
and Lands Bill', dated September 30, 2022, and filed in
accordance with section 2912. The ranges in the Fallon Range
Training Complex described in this subsection are identified
as B-16, B-17, B-19, B-20, Dixie Valley Training Area and the
Shoal Site.
``(c) Purpose of Withdrawal and Reservation.--
``(1) Bombing ranges.--The land withdrawn by subsection
(a)(1) is reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, bombing, missile firing,
electronic warfare, tactical combat maneuvering, and air
support;
``(B) ground combat tactical maneuvering and firing; and
``(C) other defense-related purposes that are--
``(i) consistent with the purposes specified in the
preceding paragraphs; and
``(ii) authorized under section 2914.
``(2) Dixie valley training area.--The land withdrawn by
subsection (a)(2) is reserved for use by the Secretary of the
Navy for--
``(A) aerial testing and training, electronic warfare,
tactical combat maneuvering, and air support; and
``(B) ground combat tactical maneuvering.
``(3) Inapplicability of general provisions.--
Notwithstanding section 2911(a), sections 2913 and 2914 shall
not apply to the land withdrawn by subsection (a)(2).
``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
``(a) Management by the Secretary of the Navy.--During the
duration of the withdrawal under section 2981, the Secretary
of the Navy shall manage the land withdrawn and reserved
comprising the B-16, B-17, B-19, and B-20 Ranges for the
purposes described in section 2981(c)--
``(1) in accordance with--
``(A) an integrated natural resources management plan
prepared and implemented under title I of the Sikes Act (16
U.S.C. 670a et seq.) and an integrated cultural resources
management plan;
``(B) a written agreement between the Secretary of the Navy
and the Governor of Nevada that provides for a minimum of 15
days annually for big game hunting on portions of the B-17
Range consistent with military training requirements;
``(C) a programmatic agreement between the Secretary of the
Navy and the Nevada State Historic Preservation Officer and
other parties as appropriate regarding management of historic
properties as the properties relate to operation,
maintenance, training, and construction at the Fallon Range
Training Complex;
``(D) written agreements between the Secretary of the Navy
and interested Indian tribes and other stakeholders to
accommodate access by Indian tribes and State and local
governments to the B-16, B-17, B-19, and B-20 Ranges
consistent with military training requirements and public
safety, including all roads on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization
and Lands Bill' and dated September 30, 2022, shown as an
existing minor county road are available for managed access;
``(E) a mutually agreeable memorandum of understanding
entered into by the Secretary of the Navy and the affected
Indian tribes that provides for regular, guaranteed access,
consisting of a minimum of 4 days per month, for affected
Indian tribes; and
``(F) any other applicable law; and
``(2) in a manner that--
[[Page S5773]]
``(A) provides that any portion of the land withdrawn under
section 2981(a) that is located outside of the Weapons Danger
Zone, as determined by the Secretary of the Navy, shall be
relinquished to the Secretary of the Interior and managed
under all applicable public land laws;
``(B) ensures that the Secretary of the Navy avoids target
placement and training within biologically sensitive areas as
mapped in Appendix D of the Final Environmental Impact
Statement;
``(C) ensures that access is provided for special events,
administrative, cultural, educational, wildlife management,
and emergency management purposes; and
``(D) provides that within the B-17 Range the delivery of
air to ground ordinance shall be prohibited throughout the
entirety of the withdrawal in the areas identified as the
`Monte Cristo Range Protection Area' on the map entitled
`Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated September 30, 2022.
``(b) Management by the Secretary of the Interior.--
``(1) In general.--During the duration of the withdrawal
under section 2981, the Secretary of the Interior shall
manage the land withdrawn and reserved comprising the Dixie
Valley Training Area and the Shoal Site for the applicable
purposes described in section 2981(c) in accordance with--
``(A) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
``(B) the Record of Decision for the Fallon Range Training
Complex Modernization Final Environmental Impact Statement
dated March 12, 2020; and
``(C) this subtitle; and
``(D) any other applicable law.
``(2) Consultation with secretary of the navy.--Prior to
authorizing any use of the land comprising the Dixie Valley
Training Area or Shoal Site withdrawn and reserved by section
2981, the Secretary of the Interior shall consult with the
Secretary of the Navy. Such consultation shall include--
``(A) informing the Secretary of the Navy of the pending
authorization request so that the Secretary of the Navy and
the Secretary of the Interior may work together to preserve
the training environment; and
``(B) prior to authorizing any installation or use of
mobile or stationary equipment used to transmit and receive
radio signals, obtaining permission from the Secretary of the
Navy to authorize the use of such equipment.
``(3) Agreement.--The Secretary of the Navy and the
Secretary of the Interior shall enter into an agreement
describing the roles and responsibilities of each Secretary
with respect to the management and use of the Dixie Valley
Training Area and Shoal Site to ensure no closure of an
existing county road and no restrictions or curtailment on
public access for the duration of the withdrawal while
preserving the training environment and honoring special
rules under this subsection.
``(4) Access.--The land comprising the Dixie Valley
Training Area withdrawn and reserved by subsection 2981(a)(2)
shall remain open for public access for the duration of the
withdrawal.
``(5) Authorized uses.--The following uses are permitted in
the Dixie Valley Training Area for the duration of the
withdrawal:
``(A) Livestock grazing.
``(B) Geothermal exploration and development west of State
Route 121, as managed by the Bureau of Land Management in
coordination with the Secretary of the Navy.
``(C) Exploration and development of salable minerals or
other fluid or leasable minerals, as managed by the Bureau of
Land Management in coordination with the Secretary of the
Navy.
``(6) Infrastructure.--The Secretary of the Navy and the
Secretary of the Interior shall allow water and utility
infrastructure within the Dixie Valley Training Area
withdrawn by subsection 2981(a)(2) as described in sections
2997(4) and 2997F.
``(c) Limitation on Use of Land Prior to Completion of
Commitments.--
``(1) In general.--The Secretary of the Navy may not make
operational use of the expanded area of the B-16, B-17, or B-
20 Ranges, as depicted on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill' and dated September 30, 2022, that were not
subject to previous withdrawals comprising the Fallon Range
Training Complex which are withdrawn and reserved by section
2981 until the Secretary of the Navy and the Secretary of the
Interior certify in writing to the Committee on Armed
Services and the Committee on Energy and Natural Resources of
the Senate and the Committee on Armed Services and the
Committee on Natural Resources of the House of
Representatives on the completion of the commitments
pertaining to each range from the Record of Decision for the
Fallon Range Training Complex Modernization Final
Environmental Impact Statement dated March 12, 2020, and the
provisions of this subtitle. The Secretary may submit reports
for individual ranges to allow operational use of a specific
range prior to completion of commitments related to other
ranges.
``(2) Public access.--Public access to the existing Pole
Line Road shall be maintained until completion of
construction of an alternate route as specified by section
2995(a)(2)(B).
``(3) Payment.--The Secretary of the Navy shall make a
payment to Churchill County, Nevada, not later than 1 year
after the date of enactment of this subtitle, of $20,000,000
of amounts authorized to be appropriated to the Secretary of
the Navy for operation and maintenance, to an account
designated by the Churchill County, Nevada, to resolve the
loss of public access and multiple use within Churchill
County, Nevada.
``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
``The Secretary of the Navy, in the administration of an
Operational Range Clearance program, shall ensure that
tracked ordnance (bombs, missiles, and rockets) known to have
landed outside a target area in the B-17 and B-20 Ranges is
removed within 180 days of the event. The Secretary of the
Navy shall report to the Fallon Range Training Complex
Intergovernmental Executive Committee, not less frequently
than annually, instances in which ordnance land outside
target areas and the status of efforts to clear such
ordnance.
``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
``(a) B-16 and B-20 Ranges.--To the extent the withdrawal
and reservation made by section 2981 for the B-16 and B-20
Ranges withdraws land currently withdrawn and reserved for
use by the Bureau of Reclamation, the reservation made by
such section shall be the primary reservation for public
safety management actions only, and the existing Bureau of
Reclamation reservation shall be the primary reservation for
all other management actions. The Secretary of the Navy shall
enter into an agreement with the Secretary of the Interior to
ensure continued access to the B-16 and B-20 Ranges by the
Bureau of Reclamation to conduct management activities
consistent with the purposes for which the Bureau of
Reclamation withdrawal was established.
``(b) Shoal Site.--The Secretary of Energy shall remain
responsible and liable for the subsurface estate and all
activities of the Secretary of Energy at the Shoal Site
withdrawn and reserved by Public Land Order Number 2771, as
amended by Public Land Order Number 2834.
``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
``(a) Preparation Required.--
``(1) Preparation; deadline.--Within 2 years after the date
of enactment of this subtitle, the Secretary of the Navy
shall update the current integrated natural resources
management plan for the withdrawal land.
``(2) Coordination.--The Secretary of the Navy shall
prepare the integrated natural resources management plan in
coordination with the Secretary of the Interior, the State,
Churchill County, Nevada, other impacted counties in the
State, and affected Indian tribes.
``(b) Resolution of Conflicts.--
``(1) In general.--Any disagreement among the parties
referred to in subsection (a) concerning the contents or
implementation of the integrated natural resources management
plan prepared under that subsection or an amendment to the
management plan shall be resolved by the Secretary of the
Navy, the Secretary of the Interior, and the State of Nevada,
acting through--
``(A) the State Director of the Nevada State Office of the
Bureau of Land Management;
``(B) the Commanding Officer of Naval Air Station Fallon,
Nevada;
``(C) the State Director of the Nevada Department of
Wildlife;
``(D) if appropriate, the Regional Director of the United
States Fish and Wildlife Service; and
``(E) if appropriate, the Regional Director of the Bureau
of Indian Affairs.
``(2) Consultation.--Prior to the resolution of any
conflict under paragraph (1), the Secretary of the Navy shall
consult with the intergovernmental executive committee.
``(c) Elements of Plan.--Subject to subsection (b), the
integrated natural resources management plan under subsection
(a)--
``(1) shall be prepared and implemented in accordance with
the Sikes Act (16 U.S.C. 670 et seq.);
``(2) shall include provisions for--
``(A) proper management and protection of the natural
resources of the land; and
``(B) sustainable use by the public of such resources to
the extent consistent with the military purposes for which
the land is withdrawn and reserved;
``(3) shall coordinate access with the Nevada Department of
Wildlife to manage hunting, fishing, and trapping on the land
where compatible with the military mission;
``(4) shall provide for livestock grazing and agricultural
out-leasing on the land, if appropriate--
``(A) in accordance with section 2667 of title 10, United
States Code; and
``(B) at the discretion of the Secretary of the Navy;
``(5) shall identify current test and target impact areas
and related buffer or safety zones on the land;
``(6) shall provide that the Secretary of the Navy--
``(A) shall take necessary actions to prevent, suppress,
manage, and rehabilitate brush and range fires occurring
within the boundaries of the Fallon Range Training Complex
and brush and range fires occurring outside the boundaries of
the Fallon Range Training Complex resulting from military
activities; and
``(B) notwithstanding section 2465 of title 10, United
States Code--
[[Page S5774]]
``(i) may obligate funds appropriated or otherwise
available to the Secretary of the Navy to enter into
memoranda of understanding, cooperative agreements, and
contracts for fire management; and
``(ii) shall reimburse the Secretary of the Interior for
costs incurred under this paragraph;
``(7) shall provide that all gates, fences, and barriers
constructed after the date of enactment of this subtitle
shall be designed and erected, to the maximum extent
practicable and consistent with military security, safety,
and sound wildlife management use, to allow wildlife access;
``(8) if determined appropriate by the Secretary of the
Navy, the Secretary of the Interior, and the State of Nevada
after review of any existing management plans applicable to
the land, shall incorporate the existing management plans;
``(9) shall include procedures to ensure that--
``(A) the periodic reviews of the integrated natural
resources management plan required by the Sikes Act (16
U.S.C. 670 et seq.) are conducted jointly by the Secretary of
the Navy, the Secretary of the Interior, and the State of
Nevada; and
``(B) affected counties and affected Indian Tribes and the
public are provided a meaningful opportunity to comment on
any substantial revisions to the plan that may be proposed
pursuant to such a review; and
``(10) shall provide procedures to amend the integrated
natural resources management plan as necessary.
``SEC. 2986. 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 public land in Churchill
County, Nevada, that is administered by the Bureau of Land
Management in the following areas has been adequately studied
for wilderness designation:
``(1) The Stillwater Range Wilderness Study Area.
``(2) The Job Peak Wilderness Study Area.
``(3) The Clan Alpine Mountains Wilderness Study Area.
``(4) That portion of the Augusta Mountains Wilderness
Study Area located in Churchill County, Nevada.
``(5) That portion of the Desatoya Mountains Wilderness
Study Area located in Churchill County, Nevada.
``(6) Any portion of any other wilderness study area
located in Churchill County, Nevada, that is not a wilderness
area.
``(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));
``(2) shall be managed in accordance with--
``(A) land management plans adopted under section 202 of
that Act (43 U.S.C. 1712); and
``(B) existing cooperative conservation agreements; and
``(3) shall be subject to the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
``SEC. 2987. USE OF MINERAL MATERIALS.
``Notwithstanding any other provision of this subtitle or
of the Act of July 31, 1947 (commonly known as the Materials
Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the
Navy may use sand, gravel, or similar mineral materials
resources of the type subject to disposition under that Act
from land withdrawn and reserved by this subtitle if use of
such resources is required for construction needs on the
land.
``SEC. 2988. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES
SURVEY.
``(a) Tribal Access Agreement.--Not later than 120 days
after the date of enactment of this subtitle, the Secretary
of the Navy and the Secretary of the Interior shall enter
into an agreement with each affected Indian tribe for the
purpose of establishing continued, regular, and timely access
to the land withdrawn and reserved by section 2981, including
all land subject to previous withdrawals under section
3011(a) of the Military Lands Withdrawal Act of 1999 (title
XXX of Public Law 106-65; 113 Stat. 885), for the purpose of
identifying cultural, religious, and archaeological resources
of importance to the affected Indian tribes.
``(b) Ethnographic Study.--The Secretary of the Navy, in
consultation with the State of Nevada and appropriate Tribal
governments, shall conduct an ethnographic study of the
expanded Fallon Range Training Complex to assess the
importance of that area to Indian tribes and the religious
and cultural practices of those Indian tribes.
``(c) Cultural Resources Survey.--
``(1) Survey.--The Secretary of the Navy, after
consultation with the affected Indian tribes and review of
data, studies, and reports in the possession of such Indian
tribes, shall conduct a cultural resources survey of the land
withdrawn and reserved by section 2981 for the expanded areas
of the B-16, B-17, and B-20 Ranges that were not subject to
previous surveys in support of the Department of the Navy's
January 2020 Final Environmental Impact Statement for the
Fallon Range Training Complex modernization and previous
withdrawals comprising the Fallon Range Training Complex that
includes pedestrian field surveys and the inventory and
identification of specific sites containing cultural,
religious, and archaeologic resources of importance to the
affected Indian tribes.
``(2) Results.--Not later than 240 days after the date of
enactment of this subtitle, the Secretary of the Navy shall
provide the results of the survey conducted under paragraph
(1) to the affected Indian tribes for review and comment
prior to concluding survey activities.
``(3) Inclusion in agreement.--The agreement under
subsection (a) shall include access to the specific sites
identified by the survey conducted under paragraph (1) by the
affected Indian Tribes, including proper disposition or
protection of, and any requested access to, any identified
burial sites, in accordance with the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
``(4) Limitation on use of land prior to completion of
survey.--The Secretary of the Navy may not make operational
use of the expanded areas of the B-16, B-17, and B-20 Ranges
that were not subject to previous withdrawals comprising the
Fallon Range Training Complex are withdrawn and reserved by
section 2981 until completion of the survey and potential
disposition or protection of identified burial sites required
by paragraph (1).
``(d) Participation of Affected Indian Tribes.--In
conducting an ethnographic study or cultural resource survey
under subsection (b) or (c), the Secretary of the Navy shall
coordinate with, and provide for the participation of, each
applicable affected Indian tribe.
``(e) Agreement To Mitigate Adverse Effects.--The Secretary
of the Navy, the Secretary of the Interior, and the affected
Indian tribes shall enter into an agreement consistent with
section 306108 of title 54, United States Code, that
identifies actions to avoid, minimize, or mitigate adverse
effects to sites identified in subsection (c), including
adverse effects from noise. Using the results of surveys
conducted under subsection (c), the Navy shall, in
coordination with the Tribes and to the extent practicable,
avoid placing targets or other range infrastructure in
culturally sensitive areas. The Navy shall avoid placement of
targets in known sensitive habitat, cultural, or historic
areas within the Monte Cristo Mountains.
``(f) Report.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary of the Navy and the
Secretary of the Interior shall jointly submit to Congress a
report describing--
``(1) the access protocols established by the agreement
under subsection (a);
``(2) the results of the ethnographic study conducted under
subsection (b);
``(3) the results of the cultural resource survey under
subsection (c); and
``(4) actions to be taken to avoid, minimize, or mitigate
adverse effects to sites on the land withdrawn and reserved
by section 2981.
``SEC. 2989. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
``(a) Payment to the Tribe.--Not later than 1 year after
the date of enactment of this subtitle, the Secretary of the
Navy shall transfer $20,000,000 of amounts authorized to be
appropriated to the Secretary of the Navy for operation and
maintenance to an account designated by the Walker River
Paiute Tribe (referred to in this section as the `Tribe') to
resolve the claims of the Tribe against the United States for
the contamination, impairment, and loss of use of
approximately 6,000 acres of land that is within the
boundaries of the reservation of the Tribe.
``(b) Tribal Trust Land Impacts.--With respect to the land
established as the B-19 Range at the Fallon Range Training
Complex, the Secretary of the Navy shall ensure the target
placement and use does not result in additional ordnance
landing off-range onto the reservation of the Tribe.
``(c) Additional Trust Land.--
``(1) Environmental site assessment.--Not later than 1 year
after the date of enactment of this subtitle and prior to
taking the land described in paragraph (4) into trust for the
benefit of the Tribe under paragraph (3)(A), the Director of
the Bureau of Indian Affairs (referred to in this subsection
as the `Director') shall complete an environmental site
assessment to determine with respect to the land--
``(A) the likelihood of the presence of hazardous
substance-related or other environmental liability; and
``(B) if the Director determines the presence of hazardous
substance-related or other environmental liability is
likely--
``(i) the extent of the contamination caused by such
hazardous substance or other environmental liability; and
``(ii) whether that liability can be remediated by the
United States.
``(2) Exercise of discretion by tribe.--If the Director
determines pursuant to the environmental site assessment
completed under paragraph (1) that there is a likelihood of
the presence of hazardous substance-related or other
environmental liability on the land described in paragraph
(4) that cannot be remediated by the United States, the Tribe
may determine whether the land should be taken into trust for
the benefit of the Tribe.
``(3) Land to be held in trust for the tribe;
identification of alternative land.--
``(A) In general.--If the Tribe determines pursuant to
paragraph (2) that the land described in paragraph (4) should
be taken into trust for the benefit of the Tribe, subject to
valid existing rights, all right, title, and interest of the
United States in and to the land shall be--
``(i) held in trust by the United States for the benefit of
the Tribe; and
[[Page S5775]]
``(ii) made part of the existing reservation of the Tribe.
``(B) Identification of suitable and comparable alternative
land.--If the Tribe determines pursuant to paragraph (2), due
to discovered environmental issues that the land described in
paragraph (4) should not be taken into trust for the benefit
of the Tribe, not later than 1 year after the date on which
the Tribe makes that determination, the Director and the
Tribe shall enter into an agreement to identify suitable and
comparable alternative land in relative distance and located
in the same county as the land described in paragraph (4) to
be withdrawn from Federal use and taken into trust for the
benefit of the Tribe.
``(4) Land described.--Subject to paragraph (5), the land
to be held in trust for the benefit of the Tribe under
paragraph (3)(A) is the approximately 8,170 acres of Bureau
of Land Management and Bureau of Reclamation land located in
Churchill and Mineral Counties, Nevada, as generally depicted
on the map entitled `Walker River Paiute Trust Lands' and
dated April 19, 2022, and more particularly described as
follows:
``(A) Fernley east parcel.--The following land in Churchill
County, Nevada:
``(i) All land held by the Bureau of Reclamation in T. 20
N., R. 26 E., sec. 28, Mount Diablo Meridian.
``(ii) All land held by the Bureau of Reclamation in T. 20
N., R. 26 E., sec. 36, Mount Diablo Meridian.
``(B) Walker lake parcel.--The following land in Mineral
County, Nevada:
``(i) All land held by the Bureau of Land Management in T.
11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian.
``(ii) All land held by the Bureau of Reclamation in T. 10
N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29,
32, and 33, Mount Diablo Meridian.
``(iii) All land held by the Bureau of Land Management in
T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo Meridian.
``(5) Administration.--
``(A) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior
(referred to in this paragraph as the `Secretary') shall
complete a survey to fully describe, and adequately define
the boundaries of, the land described in paragraph (4).
``(B) Legal description.--
``(i) In general.--Upon completion of the survey required
under subparagraph (A), the Secretary shall publish in the
Federal Register a legal description of the land described in
paragraph (4).
``(ii) Technical corrections.--Before the date of
publication of the legal description under this subparagraph,
the Secretary may correct any technical or clerical errors in
the legal description as the Secretary determines
appropriate.
``(iii) Effect.--Effective beginning on the date of
publication of the legal description under this subparagraph,
the legal description shall be considered to be the official
legal description of the land to be held in trust for the
benefit of the Tribe under paragraph (3)(A).
``(6) Use of trust land.--The land taken into trust under
paragraph (3)(A) shall not be eligible, or considered to have
been taken into trust, for class II gaming or class III
gaming (as those terms are defined in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703)).
``(d) Eligibility for Federal and Federally Funded
Programs.--Funds paid to the Tribe pursuant to this section,
including any interest or investment income earned, may not
be treated as income or resources or otherwise used as the
basis for denying or reducing the basis for Federal financial
assistance or other Federal benefit (including under the
Social Security Act (42 U.S.C. 301 et seq.)) to which the
Tribe, a member of the Tribe, or a household would otherwise
be entitled.
``SEC. 2990. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE
SHOSHONE TRIBE.
``(a) Land To Be Held in Trust.--
``(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2) shall be--
``(A) held in trust by the United States for the benefit of
the Fallon Paiute Shoshone Tribe; and
``(B) made part of the reservation of the Fallon Paiute
Shoshone Tribe.
``(2) Description of land.--The land referred to in
paragraph (1) is the approximately 10,000 acres of land
administered by the Bureau of Land Management and the Bureau
of Reclamation, as generally depicted as `Reservation
Expansion Land' on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill' and dated September 30, 2022.
``(3) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior
shall complete a survey of the boundary lines to establish
the boundaries of the land taken into trust under paragraph
(1).
``(4) Use of trust land.--The land taken into trust under
this section shall not be eligible, or considered to have
been taken into trust, for class II gaming or class III
gaming (as those terms are defined in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703)).
``(5) Cooperative agreement.--On request by the Fallon
Paiute Shoshone Tribe, the Secretary of the Interior shall
enter into a cooperative agreement with the Fallon Paiute
Shoshone Tribe to provide assistance in the management of the
land taken into trust under this section for cultural
protection and conservation management purposes.
``SEC. 2991. NUMU NEWE CULTURAL HERITAGE AREA.
``(a) Definitions.--In this section:
``(1) Cultural heritage area.--The term `Cultural Heritage
Area' means the Numu Newe Cultural Heritage Area established
by subsection (b).
``(2) Management plan.--The term `management plan' means
the management plan for the Cultural Heritage Area developed
under subsection (d).
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(4) Tribal commission.--The term `Tribal Commission'
means the Tribal commission established under subsection (e).
``(b) Establishment.--To protect, conserve, and enhance the
unique and nationally important historic, cultural,
archaeological, natural, and educational resources of the
Numu Newe traditional homeland, there is established in
Churchill and Mineral Counties, Nevada, the Numu Newe
Cultural Heritage Area.
``(c) Area Included.--The Cultural Heritage Area shall
consist of the approximately 217,845 acres of public land in
Churchill and Mineral Counties, Nevada, administered by the
Bureau of Land Management, as depicted on the map entitled
`Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated September 30, 2022.
``(d) Management Plan.--
``(1) In general.--Not later than 360 days after the date
of enactment of this subtitle, the Secretary shall develop a
comprehensive plan for the long-term management of the
Cultural Heritage Area.
``(2) Consultation.--In developing the management plan, the
Secretary shall consult with--
``(A) appropriate entities of the Federal Government and
State and local governments;
``(B) members of the public; and
``(C) the Tribal Commission.
``(3) Tribal commission expertise.--In developing the
management plan, the Secretary shall--
``(A) meet at least semiannually with the Tribal
Commission; and
``(B) to the maximum extent practicable, carefully and
fully integrate the management recommendations of the Tribal
Commission.
``(4) Requirements.--The management plan shall--
``(A) describe the appropriate uses of the Cultural
Heritage Area;
``(B) authorize the appropriate use of motor vehicles in
the Cultural Heritage Area, including for the maintenance of
existing roads;
``(C) incorporate any provision of an applicable land and
resource management plan that the Secretary considers to be
appropriate;
``(D) protect, preserve, maintain, and administer the land
within the Cultural Heritage Area to ensure, to the maximum
extent practicable, the protection of traditional cultural
and religious sites within the Cultural Heritage Area;
``(E) to the maximum extent practicable, carefully and
fully integrate the traditional and historical knowledge and
special expertise of the Fallon Paiute Shoshone Tribe;
``(F) ensure public access to Federal land within the
Cultural Heritage Area for hunting, fishing, and other
recreational purposes;
``(G) not affect the allocation, ownership, interest, or
control, as in existence on the date of enactment of this
subtitle, of any water, water right, or any other valid
existing right;
``(H) provide for a cooperative agreement with the Tribal
Commission, including for co-management purposes, to address
the historical, archeological, and cultural values of the
Cultural Heritage Area;
``(I) describe methods for coordination between the
Cultural Heritage Area and the Numu Newe National
Conservation Area, the Clan Alpine Wilderness, the Desatoya
Mountains Wilderness, and the Cain Mountain Wilderness; and
``(J) be reviewed not less frequently than annually by the
Secretary to ensure the management plan is meeting the
requirements of this section.
``(e) Tribal Commission.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subtitle, the Secretary shall establish
a Tribal Commission consisting of representatives of affected
Indian Tribes, to be appointed by the Secretary, to provide
management recommendations to the Secretary with respect to
the Cultural Heritage Area.
``(2) Limitation.--The Tribal Commission shall include not
more than 1 representative from each affected Indian Tribe.
``(3) Secretarial support.--The Secretary may provide
administrative and staff support to the Tribal Commission.
``(4) Information.--The Secretary shall ensure that the
Tribal Commission has the information necessary to make
informed recommendations.
``SEC. 2992. NUMU NEWE CULTURAL CENTER.
``(a) In General.--The Secretary of the Navy shall use
amounts made available to carry out this section to provide
financial assistance to a cultural center established and
operated by the Fallon Paiute Shoshone Tribe and located on
the Reservation of the Fallon Paiute Shoshone Tribe, the
purpose of
[[Page S5776]]
which is to help sustain Numu Newe knowledge, culture,
language, and identity associated with aboriginal land and
traditional ways of life for the Fallon Paiute Shoshone Tribe
(referred to in this section as the `Center').
``(b) Studies and Inventories.--The Center shall integrate
information developed in the cultural resources inventories
and ethnographic studies carried out under section 2988.
``(c) General Fund.--Of amounts made available to carry out
this section, the Secretary of the Navy shall, subject to the
availability of appropriations, transfer to a general fund
operated by the Tribal Commission established under section
2991(e)--
``(1) $10,000,000 for the development and construction of
the Center; and
``(2) $10,000,000 to endow operations of the Center.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Navy to carry out
this section $20,000,000.
``SEC. 2993. NATIONAL CONSERVATION AREAS.
``(a) Numu Newe National Conservation Area.--
``(1) Purpose.--The purpose of this subsection is to
establish the Numu Newe National Conservation Area in the
State of Nevada to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the
cultural, archaeological, natural, wilderness, scientific,
geological, historical, biological, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
``(2) Definitions.--In this subsection:
``(A) Conservation area.--The term `Conservation Area'
means the Numu Newe National Conservation Area established by
paragraph (3).
``(B) Management plan.--The term `management plan' means
the management plan for the Conservation Area developed under
paragraph (4)(B).
``(3) Establishment.--
``(A) In general.--For the purpose described in paragraph
(1), there is established the Numu Newe National Conservation
Area in the State of Nevada.
``(B) Area included.--The Conservation Area shall consist
of approximately 160,224 acres of public land in Churchill
County, Nevada, as generally depicted on the map entitled
`Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated September 30, 2022.
``(C) Maps and legal descriptions.--
``(i) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of the Interior
shall submit to Congress a map and legal description of the
Conservation Area.
``(ii) Effect.--The map and legal descriptions submitted
under clause (i) shall have the same force and effect as if
included in this subtitle, except that the Secretary of the
Interior may correct minor errors in the map and legal
description.
``(iii) Public availability.--A copy of the map and legal
description submitted under clause (i) shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
``(4) Management.--
``(A) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
manage the Conservation Area--
``(i) in a manner that conserves, protects, and enhances
the resources of the Conservation Area, including--
``(I) the management of wildfire, invasive species, and
wildlife; and
``(II) wildfire restoration;
``(ii) in accordance with--
``(I) this subsection;
``(II) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
``(III) any other applicable law; and
``(iii) as a component of the National Landscape
Conservation System.
``(B) Management plan.--
``(i) In general.--Not later than 3 years after the date of
enactment of this subtitle and in accordance with clause
(ii), the Secretary of the Interior shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
``(ii) Consultation.--In developing the management plan
required by clause (i), the Secretary of the Interior shall
consult with--
``(I) appropriate Federal, State, Tribal, and local
governmental entities (including the Tribal Commission
established by section 2991(e)); and
``(II) members of the public.
``(iii) Requirements.--The management plan shall--
``(I) describe the appropriate uses of the Conservation
Area;
``(II) authorize the appropriate use of motor vehicles in
the Conservation Area, including the maintenance of existing
roads; and
``(III) incorporate any provision of an applicable land and
resource management plan that the Secretary of the Interior
considers to be appropriate.
``(5) Uses.--The Secretary of the Interior shall allow only
uses of the Conservation Area that the Secretary of the
Interior determines would further the purpose described in
paragraph (1).
``(6) Motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the
use of motorized vehicles in the Conservation Area shall be
permitted only on roads and trails designated for the use of
motorized vehicles by the management plan.
``(7) Withdrawal.--
``(A) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
``(i) all forms of entry, appropriation, and disposal under
the public land laws;
``(ii) location, entry, and patent under the mining laws;
and
``(iii) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
``(B) Additional land.--Notwithstanding any other provision
of law, if the Secretary of the Interior acquires mineral or
other interests in a parcel of land within the Conservation
Area after the date of enactment of this subtitle, the parcel
is withdrawn from operation of the laws referred to in
subparagraph (A) on the date of acquisition of the parcel.
``(8) Hunting, fishing, and trapping.--
``(A) In general.--Subject to subparagraph (B), nothing in
this subsection affects the jurisdiction of the State of
Nevada with respect to fish and wildlife, including hunting,
fishing, and trapping in the Conservation Area.
``(B) Limitations.--
``(i) Regulations.--The Secretary of the Interior may
designate by regulation areas in which, and establish periods
during which, no hunting, fishing, or trapping will be
permitted in the Conservation Area, for reasons of public
safety, administration, or compliance with applicable laws.
``(ii) Consultation required.--Except in the case of an
emergency, before promulgating regulations under clause (i)
that close a portion of the Conservation Area to hunting,
fishing, or trapping, the Secretary of the Interior shall
consult with the appropriate State agency.
``(9) Grazing.--In the case of land included in the
Conservation Area on which the Secretary of the Interior
permitted, as of the date of enactment of this subtitle,
livestock grazing, the livestock grazing shall be allowed to
continue, subject to applicable laws (including regulations)
and Executive orders.
``(10) No buffer zones.--
``(A) In general.--The establishment of the Conservation
Area shall not create an express or implied protective
perimeter or buffer zone around the Conservation Area.
``(B) 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 subsection prohibits or limits the use or conduct of
the activity.
``(11) Visitor service facilities.--The Secretary of the
Interior, in consultation with the State of Nevada and Indian
tribes that the Secretary of the Interior determines to be
appropriate, may establish visitor service facilities for the
purpose of providing information about the historical,
cultural, archaeological, ecological, recreational, geologic,
scientific, and other resources of the Conservation Area.
``(b) Pistone-Black Mountain National Conservation Area.--
``(1) Definitions.--In this subsection:
``(A) Conservation area.--The term `Conservation Area'
means the Pistone-Black Mountain National Conservation Area
established by paragraph (2)(A).
``(B) Tribe.--The term `Tribe' means the Walker River
Paiute Tribe.
``(2) Establishment.--
``(A) In general.--To protect, conserve, and enhance the
unique and nationally important historic, cultural,
archaeological, natural, and educational resources of the
Pistone Site on Black Mountain, there is established in
Mineral County, Nevada, the Pistone-Black Mountain National
Conservation Area.
``(B) Area included.--
``(i) In general.--The Conservation Area shall consist of
the approximately 3,415 acres of public land in Mineral
County, Nevada, administered by the Bureau of Land
Management, as depicted on the map entitled `Black Mountain/
Pistone Archaeological District' and dated May 12, 2020.
``(ii) Availability of map.--The map described in clause
(i) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
``(C) Submission of map and legal description.--
``(i) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall submit to Congress a map and legal description of the
Conservation Area.
``(ii) Effect.--The map and legal description of the
Conservation Area submitted under clause (i) shall have the
same force and effect as if included in this subtitle, except
that the Secretary of the Interior may correct any minor
errors in the map and legal description.
``(iii) Public availability.--The map and legal description
of the Conservation Area submitted under clause (i) shall be
available for public inspection in the appropriate offices of
the Bureau of Land Management.
``(3) Management.--
``(A) In general.--The Secretary of the Interior shall
manage the Conservation Area--
``(i) in a manner that conserves, protects, and enhances
the resources and values of the Conservation Area, including
the resources and values described in paragraph (2)(A);
``(ii) in accordance with--
``(I) this subsection;
[[Page S5777]]
``(II) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
``(III) any other applicable law; and
``(iii) as a component of the National Landscape
Conservation System.
``(B) Uses.--The Secretary of the Interior shall allow any
use of the Conservation Area--
``(i) that is consistent with the protection of the
historic, cultural, and archeological resources of the
Conservation Area; or
``(ii) that is for the continued enjoyment by the Tribe of
a cultural use of the Conservation Area.
``(C) Requirements.--In administering the Conservation
Area, the Secretary of the Interior shall provide for--
``(i) access to and use of cultural resources by the Tribe
at the Conservation Area;
``(ii) the protection of the cultural resources and burial
sites of the Tribe located in the Conservation Area from
disturbance; and
``(iii) cooperative management with the Tribe with respect
to the management of the Conservation Area.
``(D) Cooperative agreements.--The Secretary of the
Interior may, in a manner consistent with this subsection,
enter into cooperative agreements with the State of Nevada,
other Indian tribes, and other institutions and organizations
to carry out the purposes of this subsection, subject to the
requirement that the Tribe shall be a party to any
cooperative agreement entered into under this subparagraph.
``(E) Visitor service facilities.--The Secretary of the
Interior, in consultation with the State of Nevada and the
Tribe, may establish visitor service facilities for the
purpose of providing information about the historical,
cultural, archaeological, ecological, recreational, geologic,
scientific, and other resources of the Conservation Area.
``(4) Management plan.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary of the Interior
shall develop a management plan for the Conservation Area.
``(B) Consultation.--In developing the management plan
required under subparagraph (A), the Secretary of the
Interior shall consult with--
``(i) appropriate State, Tribal, and local governmental
entities; and
``(ii) members of the public.
``(C) Requirements.--The management plan shall--
``(i) describe the appropriate uses and management of the
Conservation Area;
``(ii) incorporate, as appropriate, decisions contained in
any other management or activity plan for the land in or
adjacent to the Conservation Area;
``(iii) take into consideration any information developed
in studies of the land and resources in or adjacent to the
Conservation Area;
``(iv) take into consideration the historical and continued
cultural and archeological importance of the Conservation
Area to the Tribe; and
``(v) provide for a cooperative agreement with the Tribe,
including for co-management purposes, to address the
historical, archeological, and cultural values of the
Conservation Area.
``(5) Withdrawal.--Subject to valid existing rights, any
Federal surface and subsurface land within the Conservation
Area or any land (including any interest in land) that is
acquired by the United States after the date of enactment of
this subtitle for inclusion in the Conservation Area is
withdrawn from--
``(A) all forms of entry, appropriation, or disposal under
the general land laws;
``(B) location, entry, and patent under the mining laws;
and
``(C) operation under the mineral leasing and geothermal
leasing laws.
``(6) Effect on water rights.--Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
``SEC. 2994. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.
``(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Interior should collaborate with the
State of Nevada and the Churchill County commission on
wildfire and rangeland management, planning, and
implementation, with the goal of preventing catastrophic
wildfire and resource damage.
``(b) Definition of Wilderness Area.--In this section, the
term `wilderness area' means a wilderness area designated by
subsection (c)(1).
``(c) Additions to National Wilderness Preservation
System.--
``(1) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land
in Churchill County, Nevada, are designated as wilderness and
as components of the National Wilderness Preservation System:
``(A) Clan alpine mountains wilderness.--Certain Federal
land managed by the Bureau of Land Management, comprising
approximately 128,362 acres, as generally depicted on the map
entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated September 30,
2022, which shall be known as the `Clan Alpine Mountains
Wilderness'.
``(B) Desatoya mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 32,537 acres, as generally depicted on the map
entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated September 30,
2022, which shall be known as the `Desatoya Mountains
Wilderness'.
``(C) Cain mountain wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,664 acres, as generally depicted on the map
entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated September 30,
2022, which shall be known as the `Cain Mountain Wilderness'.
``(2) Boundary.--The boundary of any portion of a
wilderness area that is bordered by a road shall be at least
150 feet from the edge of the road to allow public access.
``(3) Map and legal description.--
``(A) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of the Interior
shall file a map and legal description of each wilderness
area with the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives.
``(B) Effect.--Each map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary of the
Interior may correct clerical and typographical errors in the
map or legal description.
``(C) Availability.--Each map and legal description filed
under subparagraph (A) shall be on file and available for
public inspection in--
``(i) the Office of the Director of the Bureau of Land
Management;
``(ii) the Office of the Nevada State Director of the
Bureau of Land Management;
``(iii) the Carson City Field Office of the Bureau of Land
Management; and
``(iv) the Fallon Field Station of the Bureau of Land
Management.
``(4) Withdrawal.--Subject to valid existing rights, each
wilderness area is 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) operation of the mineral leasing and geothermal
leasing laws.
``(d) Management.--Subject to valid existing rights, each
wilderness area shall be administered by the Secretary of the
Interior, 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 subtitle; and
``(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
``(e) Livestock.--The grazing of livestock in a wilderness
area administered by the Bureau of Land Management, if
established as of the date of enactment of this subtitle,
shall be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary of the
Interior considers 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).
``(f) 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 subtitle shall be added to and
administered as part of the wilderness area within which the
acquired land or interest is located.
``(g) Water Rights.--
``(1) Findings.--Congress finds that--
``(A) the wilderness areas--
``(i) are located in the semiarid region of the Great Basin
region; and
``(ii) include ephemeral and perennial streams;
``(B) the hydrology of the wilderness areas is
predominantly characterized by complex flow patterns and
alluvial fans with impermanent channels;
``(C) the subsurface hydrogeology of the region in which
the wilderness areas are located is characterized by--
``(i) groundwater subject to local and regional flow
gradients; and
``(ii) unconfined and artesian conditions;
``(D) the wilderness areas are generally not suitable for
use or development of new water resource facilities; and
``(E) because of the unique nature and hydrology of the
desert land in the wilderness areas, it is possible to
provide for proper management and protection of the
wilderness areas and other values of land in ways different
from those used in other laws.
``(2) Statutory construction.--Nothing in this section--
``(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 of Nevada
(including any water rights held by the United States) in
existence on the date of enactment of this subtitle;
``(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
[[Page S5778]]
``(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State of Nevada and other States.
``(3) Nevada water law.--The Secretary of the Interior
shall follow the procedural and substantive requirements of
Nevada State law in order to obtain and hold any water rights
not in existence on the date of enactment of this subtitle
with respect to the wilderness areas.
``(4) New projects.--
``(A) Definition of water resource facility.--
``(i) In general.--In this paragraph, the term `water
resource facility' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission
and other ancillary facilities, and other water diversion,
storage, and carriage structures.
``(ii) Exclusion.--In this paragraph, the term `water
resource facility' does not include wildlife guzzlers.
``(B) Restriction on new water resource facilities.--Except
as otherwise provided in this subtitle, on and after the date
of enactment of this subtitle, 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 a
wilderness area.
``(h) Wildfire Management.--In accordance with section 4 of
the Wilderness Act (16 U.S.C. 1133), nothing in this section
precludes a Federal, State, or local agency from conducting
wildfire management operations (including operations using
aircraft or mechanized equipment) to manage wildfires in a
wilderness area.
``(i) Data Collection.--Subject to such terms and
conditions as the Secretary of the Interior may prescribe,
nothing in this section precludes the installation and
maintenance of hydrologic, meteorological, or climatological
collection devices in a wilderness area, if the Secretary of
the Interior determines that the facilities and access to the
facilities are essential to flood warning, flood control, or
water reservoir operation activities.
``SEC. 2995. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING
ROADS AND RIGHTS-OF-WAY.
``(a) Road Reconstruction.--The Secretary of the Navy shall
be responsible for the timely--
``(1) reconstruction of--
``(A) Lone Tree Road leading to the B-16 Range; and
``(B) State Highway 361; and
``(2) relocation of--
``(A) Sand Canyon/Red Mountain Roads, consistent with
alternative 2A, as described in the Final FRTC Road
Realignment Study dated March 14, 2022;
``(B) Pole Line Road, consistent with alternative 3B, as
described in the Final FRTC Road Realignment Study dated
March 14, 2022.
``(b) Existing Roads and Rights-of-way.--The withdrawal and
reservation of land made by section 2981 shall not be
construed to affect the following roads and associated
rights-of-way:
``(1) United States Highways 50 and 95.
``(2) State Routes 121 and 839.
``(3) The Churchill County, Nevada, roads identified as
Simpson Road, East County Road, Earthquake Fault Road, and
Fairview Peak Road.
``(c) New Rights-of-way.--The Secretary of the Navy, in
coordination with the Secretary of the Interior, shall be
responsible for the timely grant of new rights-of-way for
Sand Canyon/Red Mountain Road, Pole Line Road, and East
County Road to the appropriate County.
``(d) I-11 Corridors.--The Secretary of the Interior shall
manage the land located within the `Churchill County
Preferred I-11 Corridor' and `NDOT I-11 Corridor' as depicted
on the map entitled `Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill' and dated
September 30, 2022, in accordance with this section.
``(e) Public Availability of Map.--A copy of the map
described in section 2981(b) shall be on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
``(f) Withdrawal of Land.--Any valid rights in existence on
the date of enactment of this subtitle, the land located
within the corridors described in [_____] is withdrawn from--
``(1) location and entry under the mining laws; and
``(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(g) Termination of Withdrawal.--A withdrawal under
subsection (f) shall terminate on the date on which--
``(1) the Secretary of the Interior, in coordination with
Churchill County, Nevada, terminates the withdrawal; or
``(2) the applicable corridor or land is patented.
``(h) RS 2477 Claims.--The withdrawal and reservation of
land by section 2981 shall not be construed to obstruct or
interfere with the ability of Churchill County, Nevada, to
seek adjudication of claims concerning existing county roads
under section 2477 of the Revised Statutes (43 U.S.C. 932),
as in effect prior to being repealed by section 706(a) of the
Federal Land Policy and Management Act of 1976 (Public Law
94-579; 90 Stat. 2793).
``(i) Access.--Roads shown on the map described in section
2981(b) as an existing minor county road shall be available
for managed access consistent with the purposes of the
withdrawal.
``(j) Treatment of the Westside Energy Corridor.--
``(1) In general.--Nothing in section 2981 shall be
construed to restrict the development of high voltage
electrical power utility lines within the portion of the
designated Westside Energy Corridor that is located outside
of the B-16 Range.
``(2) Transmission line.--The Secretary of the Navy shall
allow 1 transmission line within that portion of the
designated Westside Energy Corridor that is located within
the B-16 Range nearest the existing transmission line
adjacent to the western boundary of the B-16 Range.
``(3) Future transmission line.--If the Secretary of the
Navy and the Secretary of the Interior determine that
additional transmission lines cannot be accommodated outside
of the B-16 Range, to the extent practicable, the Secretary
of the Navy shall allow the construction of a new
transmission line as close as practicable to the existing
transmission line.
``SEC. 2996. SAGE GROUSE STUDY.
``(a) In General.--The Secretary of the Navy, in
consultation with the State of Nevada, shall conduct a study
to further assess greater sage grouse reactions to military
overflights.
``(b) Determination.--If the Secretary of the Navy
determines under the study under subsection (a) that greater
sage grouse in the area impacted by the modernization are
impacted by aircraft overflights, the Secretary of the Navy
shall implement mitigations and adaptive management
activities, in coordination with the State of Nevada and the
United States Fish and Wildlife Service, before operational
use of the air space by the Armed Forces over the land of the
impacted habitat.
``SEC. 2997. TREATMENT OF LIVESTOCK GRAZING PERMITS.
``(a) In General.--The Secretary of the Navy shall notify
holders of grazing allotments impacted by the withdrawal and
reservation of land under section 2981 and, if practicable,
assist the holders of the grazing allotments in obtaining
replacement forage.
``(b) Revisions to Allotment Plans.--The Secretary of the
Navy shall reimburse the Bureau of Land Management for
grazing program-related administrative costs reasonably
incurred by the Bureau of Land Management due to the
withdrawal and reservation of land under section 2981.
``(c) Alternative to Replacement Forage.--If replacement
forage cannot be identified under subsection (a), the
Secretary of the Navy shall make full and complete payments
to Federal grazing permit holders for all losses suffered by
the permit holders as a result of the withdrawal or other use
of former Federal grazing land for national defense purposes
pursuant to the Act of June 28, 1934 (commonly known as the
`Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43 U.S.C.
315 et seq.).
``(d) Notification and Payment.--The Secretary of the Navy
shall--
``(1) notify, by certified mail, holders of grazing
allotments that are terminated; and
``(2) compensate the holders of grazing allotments
described in paragraph (1) for authorized permanent
improvements associated with the allotments.
``(e) Payment.--For purposes of calculating and making a
payment to a Federal grazing permit holder under this section
(including the conduct of any appraisals required to
calculate the amount of the payment)--
``(1) the Secretary of the Navy shall consider the
permanent loss of the applicable Federal grazing permit; and
``(2) the amount of the payment shall not be limited to the
remaining term of the existing Federal grazing permit.
``SEC. 2998. TRANSFER OF LAND UNDER THE ADMINISTRATIVE
JURISDICTION OF THE DEPARTMENT OF THE NAVY.
``(a) Transfer Required.--Subject to subsection (b), the
Secretary of the Navy shall transfer to the Secretary of the
Interior, at no cost, administrative jurisdiction of the
approximately 86 acres of a noncontiguous parcel of land
acquired by the Department of the Navy in Churchill County,
Nevada, for inclusion in the Sand Mountain Recreation Area.
``(b) Certification With Respect to Environmental
Hazards.--Prior to conveying land under subsection (a), the
Secretary of the Navy shall certify that the land to be
conveyed under that subsection is free from environmental
hazards.
``SEC. 2999. REDUCTION OF IMPACT OF FALLON RANGE TRAINING
COMPLEX MODERNIZATION.
``Consistent with the Department of the Navy's March 12,
2020, Record of Decision, the Secretary of the Navy shall
carry out the following additional mitigations and other
measures set not otherwise included in other sections of this
Act to reduce the impact of the modernization of the Fallon
Range Training Complex by the Secretary of the Navy on the
land and local community:
``(1) Develop Memoranda of Agreement or other binding
protocols, in coordination with agencies, affected Indian
tribes, and other stakeholders, for--
``(A) management of that portion of Bureau of Reclamation
infrastructure in the B-16 and B-20 Ranges that will be
closed to
[[Page S5779]]
public access but will continue to be managed for flood
control; and
``(B) access for research, resource management, and other
activities within the B-16, B-17, B-19, and B-20 Ranges.
``(2) Establish wildlife-friendly fencing to restrict
access to the smallest possible area necessary to ensure
public safety.
``(3)(A) Purchase the impacted portion of the Paiute
Pipeline within the B-17 Range.
``(B) Relocate the pipeline acquired under subparagraph (A)
to a location south of the B-17 Range.
``(4) Accommodate permitting and construction of additional
utility and infrastructure projects within 3 corridors
running parallel to the existing north-south power line in
proximity to Nevada Route 121, existing east-west power line
north of Highway 50, and the area immediately north of
Highway 50 as shown on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill' and dated September 30, 2022, subject to the
requirement that any project authorized under this paragraph
shall complete appropriate Federal and State permitting
requirements prior to the accommodation under this paragraph.
``(5)(A) Notify holders of mining claims impacted by the
modernization by certified mail.
``(B) Make payments to the holders of mining claims
described in subparagraph (A).
``(6) Allow a right-of-way to accommodate I-11 (which could
also include a transmission line) if a route is chosen by
Churchill County, Nevada, or the State of Nevada that
overlaps the northeast corner of the withdrawal area for the
B-16 Range.
``(7) Revise the applicable range operations manual--
``(A) to include Crescent Valley and Eureka as noise-
sensitive areas; and
``(B) to implement a 5-nautical-mile buffer around the
towns of Crescent Valley and Eureka.
``(8) Implement a 3-nautical-mile airspace exclusion zone
over the Gabbs, Eureka, and Crescent Valley airports.
``(9) Extend the Visual Flight Rules airspace corridor
through the newly established Military Operations Areas on
the east side of the Dixie Valley Training Area.
``(10) Notify affected water rights holders by certified
mail and, if water rights are adversely affected by the
modernization and cannot be otherwise mitigated, acquire
existing and valid State water rights.
``(11) Allow Nevada Department of Wildlife access for
spring and wildlife guzzler monitoring and maintenance.
``(12) Implement management practices and mitigation
measures specifically designed to reduce or avoid potential
impacts on surface water and groundwater, such as placing
targets outside of washes.
``(13) Develop, implement, and compensate the State of
Nevada for a wildland fire management plan to ensure fire
management, control, and restoration activities are
addressed, as appropriate, for the entire expanded range
complex.
``(14) To the maximum extent practicable and if compatible
with mission training requirements, avoid placing targets in
biologically sensitive areas identified by the Nevada
Department of Wildlife.
``(15) In coordination with the Nevada Department of
Wildlife, use wildlife-friendly configured four-wire fencing
to minimize impacts on wildlife from fencing.
``(16) Fund 2 conservation law enforcement officer
positions at Naval Air Station Fallon.
``(17) Post signs warning the public of any contamination,
harm, or risk associated with entry into the withdrawal land.
``(18) Enter into an agreement for compensation from the
Secretary of the Navy to Churchill County and the counties of
Lyon, Nye, Mineral, and Pershing in the State of Nevada to
offset any reductions made in payments in lieu of taxes.
``(19)(A) Provide for purchase by the Secretary of the Navy
of the portion of the Paiute pipeline impacted by the
modernization.
``(B) Pay for relocation of the existing Paiute pipeline
south of the proposed B-17 range on the Fallon Range Training
Complex.
``SEC. 2999A. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE
COMMITTEE ON JOINT USE BY DEPARTMENT OF THE
NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON
RANGE TRAINING COMPLEX.
``The Secretary of the Navy and the Secretary of the
Interior shall expand the membership of the intergovernmental
executive committee relating to the management of the natural
and cultural resources of the withdrawal land to include
representatives of Eureka County, Nevada, the Nevada
Department of Agriculture, and the Nevada Division of
Minerals.
``SEC. 2999B. CONVEYANCES AND EXCHANGES.
``(a) Definitions.--In this section:
``(1) City.--The term `City' means the city of Fallon,
Nevada.
``(2) Public purpose.--The term `public purpose' includes
any of the following:
``(A) The construction and operation of a new fire station
for Churchill County, Nevada.
``(B) The operation or expansion of an existing wastewater
treatment facility for Churchill County, Nevada.
``(C) The operation or expansion of existing gravel pits
and rock quarries of Churchill County, Nevada.
``(D) The operation or expansion of an existing City
landfill.
``(b) Conveyance Required for Public Purposes.--
``(1) In general.--Notwithstanding section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712), the Secretary of the Interior shall convey, subject to
valid existing rights and paragraph (2), for no
consideration, all right, title, and interest of the United
States in approximately 6,892 acres of Federal land to
Churchill County, Nevada, and 212 acres of land to the City
identified as `Public Purpose Conveyances to Churchill County
and City of Fallon' on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and
Lands Bill ' and dated September 30, 2022.
``(2) Use.--Churchill County, Nevada, and the City shall
use the Federal land conveyed under paragraph (1) for public
purposes and the construction and operation of public
recreational facilities.
``(3) Effect of lack of use of land.--If a parcel of
Federal land conveyed to Churchill County, Nevada, under
paragraph (1) ceases to be used for public recreation or
other public purposes consistent with the Act of June 14,
1926 (commonly known as the `Recreation and Public Purposes
Act'; 43 U.S.C. 869 et seq.), the parcel of Federal land
shall, at the discretion of the Secretary of the Interior,
revert to the United States.
``(c) Exchange.--The Secretary of the Interior shall seek
to enter into an agreement for an acre-for-acre exchange with
Churchill County, Nevada, for all Churchill County, Nevada,
land within the Fallon National Wildlife Refuge and the B-20
Range at the Fallon Range Training Complex in exchange for
Department of the Interior land designated as exchange
acreage on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and
dated September 30, 2022.
``SEC. 2999C. CHECKERBOARD RESOLUTION.
``(a) In General.--The Secretary of the Interior, in
consultation with Churchill County, Nevada, and landowners in
Churchill County, Nevada, and after providing an opportunity
for public comment, shall seek to consolidate Federal land
and non-Federal land ownership in Churchill County, Nevada.
``(b) Land Exchanges.--
``(1) Land exchange authority.--To the extent practicable,
the Secretary of the Interior shall offer to exchange land
identified for exchange under paragraph (3) for private land
in Churchill County, Nevada, that is adjacent to Federal land
in Churchill County, Nevada, if the exchange would
consolidate land ownership and facilitate improved land
management in Churchill County, Nevada, as determined by the
Secretary of the Interior.
``(2) Applicable law.--Except as otherwise provided in this
section, a land exchange under this section shall be
conducted in accordance with--
``(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
``(B) any other applicable law.
``(3) Identification of federal land for exchange.--Subject
to subsection (d), the Secretary of the Interior shall
identify Federal land in Churchill County, Nevada, managed by
the Commissioner of Reclamation and Federal land in Churchill
County, Nevada, managed by the Director of the Bureau of Land
Management to offer for exchange from Federal land identified
as potentially suitable for disposal in an applicable
resource management plan.
``(c) Equal Value Land Exchanges.--
``(1) In general.--Land to be exchanged under this section
shall be of equal value, based on appraisals prepared in
accordance with--
``(A) the Uniform Standards for Professional Land
Acquisitions; and
``(B) the Uniform Standards of Professional Appraisal
Practice.
``(2) Use of mass appraisals.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of the Interior may use a mass appraisal to
determine the value of land to be exchanged under this
section, if the Secretary of the Interior determines that the
land to be subject to the mass appraisal is of similar
character and value.
``(B) Exclusion.--The Secretary of the Interior shall
exclude from a mass appraisal under subparagraph (A) any
land, the value of which is likely to exceed $250 per acre,
as determined by the Secretary of the Interior.
``(C) Availability.--The Secretary of the Interior shall
make the results of a mass appraisal conducted under
subparagraph (A) available to the public.
``(d) Identification Process.--
``(1) In general.--Subject to subsection (g), the Secretary
of the Interior, in consultation with Churchill County,
Nevada, and after providing an opportunity for public
comment, shall identify Federal land in Churchill County,
Nevada, managed by the Commissioner of Reclamation and
Federal land in Churchill County, Nevada, managed by the
Director of the Bureau of Land Management to offer for sale
from Federal land identified as potentially suitable for
disposal in an applicable resource management plan.
``(2) Postponement or exclusion.--
``(A) On request of county.--At the request of Churchill
County, Nevada, the Secretary of the Interior shall--
``(i) postpone a sale of Federal land under this section;
or
``(ii) exclude from the sale all or a portion of Federal
land identified for sale under this section.
[[Page S5780]]
``(B) At discretion of secretary of the interior.--Nothing
in this section prohibits the Secretary of the Interior
from--
``(i) postponing a sale of Federal land under this section;
or
``(ii) excluding all or a portion of Federal land
identified for sale under this section.
``(3) Valid existing rights.--A sale of Federal land under
this section is subject to valid existing rights.
``(e) Method of Sale.--A sale of Federal land under
[subsection (d)] shall be--
``(1) consistent with section 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1713);
``(2) through a competitive bidding process, unless
otherwise determined by the Secretary of the Interior; and
``(3) for not less than fair market value.
``(f) Limitation.--Not more than a total of 50,000 acres of
Federal land in Churchill County, Nevada, shall be sold under
this subsection.
``(g) Management Priority Areas.--Not later than 1 year
after the date of enactment of this subtitle, the Secretary
of the Interior shall identify management priority areas on
Federal land in Churchill County, Nevada, that--
``(1) include greater sage-grouse habitat;
``(2)(A) are designated as critical habitat;
``(B) are part of an identified wildlife corridor; or
``(C) contain significant wetlands or riparian wildlife
habitat;
``(3) are within the boundary of--
``(A) a unit of the National Wildlife Refuge System;
``(B) a National Conservation Area; or
``(C) a component of the National Wilderness Preservation
System;
``(4)(A) have value for outdoor recreation; or
``(B) provide public access for recreational hunting,
fishing, or other recreational purposes that cannot be
otherwise mitigated;
``(5)(A) contain resources that are listed on, or eligible
for inclusion on, the National Register of Historic Places;
or
``(B) have significant cultural, historic, ecological, or
scenic value; or
``(6) would improve Federal land management.
``(h) Identification of Additional Management Priority
Areas.--As the Secretary of the Interior determines to be
appropriate, the Secretary of the Interior may identify
additional management priority areas in Churchill County,
Nevada, after the date on which the identification under
subsection (g) is completed.
``(i) Management.--Nothing in this section modifies the
management of an area identified as a management priority
area under this section based on the identification.
``(j) Management Priority Areas Excluded From Sale or
Exchange.--Federal land identified as a management priority
area under this section--
``(1) shall be retained in Federal ownership; and
``(2) shall not be available for disposal or conveyance,
including by sale or exchange, under this section.
``(k) Interim Withdrawal.--Subject to valid existing rights
and mining claims for which the claim maintenance fee has
been paid in the applicable assessment year, effective on the
date on which a parcel of Federal land is identified for
exchange under subsection (b)(3) or sale under subsection
(d)(1), the parcel of Federal land is withdrawn from--
``(1) all forms of entry and appropriation under the public
land laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) operation of the mineral and mineral materials
leasing laws.
``(l) Termination of Withdrawal.--The withdrawal of a
parcel of Federal land under subsection (k) shall terminate--
``(1)(A) on the date of sale; or
``(B) in the case of exchange, the date of the conveyance
of the title to the Federal land covered by the exchange;
``(2) with respect to any parcel of Federal land identified
for exchange under subsection (b)(3) or sale under subsection
(d)(1) that is not exchanged or sold, not later than 2 years
after the date the parcel of Federal land was offered for
exchange or sale under this section; or
``(3) on a different date mutually agreed to by the
Secretary of the Interior and Churchill County, Nevada.
``(m) Disposition of Proceeds.--Of the proceeds from the
sale of Federal land under subsection (d)--
``(1) 5 percent shall be disbursed to the State of Nevada
for use in the general education program of the State of
Nevada; and
``(2) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
`Churchill County Special Account', which shall be available
to the Secretary of the Interior, without further
appropriation, for--
``(A) the reimbursement of costs incurred by the Secretary
of the Interior in preparing for a sale or exchange of
Federal land under this section; and
``(B) the acquisition of land (including interests in land)
in Churchill County, Nevada--
``(i) for inclusion in a component of the National
Wilderness Preservation System or a national conservation
area designated by this subtitle;
``(ii) that protects other environmentally significant
land;
``(iii) that is identified as a management priority area
under subsection (g); or
``(iv) that secures public access to Federal land for
hunting, fishing, and other recreational purposes.
``(n) Limitation.--The proceeds from the sale of Federal
land under subsection (d) shall not be used for the
acquisition of any water rights.
``SEC. 2999C. TRIBAL LIAISON OFFICE.
``The Secretary of the Navy shall establish and maintain a
dedicated Tribal liaison position at Naval Air Station
Fallon.
``SEC. 2999D. TERMINATION OF PRIOR WITHDRAWAL.
``Notwithstanding section 2842 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and section 3015 of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65), the withdrawal and reservation under section 3011(a) of
that Act is terminated.
``SEC. 2999E. DURATION OF WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land by section
2981 shall terminate on November 6, 2047.
``SEC. 2999F. DIXIE VALLEY WATER PROJECT.
``(a) Continuation of Project.--The withdrawal of land
authorized by section 2981(a)(2) shall not interfere with the
Churchill County Dixie Valley Water Project.
``(b) Permitting.--On application by Churchill County,
Nevada, the Secretary of the Navy shall concur with the
Churchill County Dixie Valley Water Project and, in
collaboration with the Secretary of the Interior, complete
any permitting necessary for the Dixie Valley Water Project,
subject to the public land laws and environmental review.
``(c) Compensation.--The Secretary of the Navy shall
compensate Churchill County, Nevada, for any cost increases
for the Dixie Valley Water Project that result from any
design features required by the Secretary of the Navy to be
included in the Dixie Valley Water Project.
``SEC. 2999G. WATER.
`` The Secretary of the Navy shall comply with the
Memorandum of Understanding between the Department of the
Navy and the United States Fish and Wildlife Service dated
July 26, 1995, requiring the Department of the Navy to limit
water rights to the maximum extent practicable, consistent
with safety operations for Naval Air Station Fallon, Nevada,
not more than 4,402 acre-feet of water per year.''.
TITLE LI--RUBY MOUNTAINS PROTECTION
SEC. 5101. WITHDRAWAL OF CERTAIN NATIONAL FOREST SYSTEM LAND.
(a) Withdrawal.--Subject to valid existing rights, the
approximately 309,272 acres of Federal land and interests in
the land located in the Ruby Mountains subdistrict of the
Humboldt-Toiyabe National Forest within the area depicted on
the Forest Service map entitled ``S. 258 Ruby Mountains
Protective Act'' and dated December 5, 2019, as ``National
Forest System Lands'' are withdrawn from all forms of
operation under the mineral leasing laws.
(b) Application.--Any land or interest in land within the
boundary of the Ruby Mountains subdistrict of the Humboldt-
Toiyabe National Forest that is acquired by the United States
after the date of enactment of this Act shall be withdrawn in
accordance with subsection (a).
(c) Availability of Map.--The map described in subsection
(a) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 5102. WITHDRAWAL OF CERTAIN NATIONAL WILDLIFE REFUGE
SYSTEM LAND.
(a) Withdrawal.--
(1) In general.--Subject to valid existing rights, the
approximately 39,926.10 acres of Federal land and interests
in the land located in the Ruby Lake National Wildlife Refuge
and depicted on the United States Fish and Wildlife Service
map entitled ``S. XXX Ruby Mountains Protection Act'' and
dated February 23, 2021, as ``Ruby Lake National Wildlife
Refuge'' are withdrawn from all forms of operation under the
mineral leasing laws, subject to paragraph (2).
(2) Exception.--The withdrawal under paragraph (1) shall
not apply to noncommercial refuge management activities by
the United States Fish and Wildlife Service.
(b) Application.--Any land or interest in land within the
boundary of the Ruby Lake National Wildlife Refuge that is
acquired by the United States after the date of enactment of
this Act shall be withdrawn in accordance with subsection
(a).
(c) Availability of Map.--The map described in subsection
(a)(1) shall be on file and available for public inspection
in the appropriate offices of the United States Fish and
Wildlife Service.
TITLE LII--PERSHING COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION
SEC. 5201. DEFINITIONS.
In this title:
(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 5221(a).
Subtitle A--Checkerboard Land Resolution
SEC. 5211. DEFINITIONS.
In this subtitle:
[[Page S5781]]
(1) Eligible land.--The term ``eligible land'' means any
land administered by the Director of the Bureau of Land
Management--
(A) that is within the area identified on the Map as
``Checkerboard Lands Resolution Area'' that 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) that is not encumbered land.
(2) Encumbered land.--The term ``encumbered land'' means
any land administered by the Director of the Bureau of Land
Management within the area identified on the Map as
``Checkerboard Lands Resolution Area'' that is encumbered by
mining claims, millsites, or tunnel sites.
(3) Map.--The term ``Map'' means the map prepared under
section 5212(b)(1).
(4) Qualified entity.--The term ``qualified entity'' means,
with respect to a portion of encumbered land--
(A) the owner of a mining claim, millsite, or tunnel site
located on a portion of the encumbered land on the date of
enactment of this Act; and
(B) a successor in interest of an owner described in
subparagraph (A).
SEC. 5212. SALE OR EXCHANGE OF ELIGIBLE LAND.
(a) Authorization of Conveyance.--Notwithstanding sections
202, 203, 206, and 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), as
soon as practicable after the date of enactment of this Act,
the Secretary, in accordance with this title and any other
applicable law and subject to valid existing rights, shall
conduct sales or exchanges of the eligible land.
(b) Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map that
depicts the boundaries of the land identified for disposal
under this title, to be identified as the ``Checkerboard
Lands Resolution Area'' on the Map.
(2) Minor corrections.--The Secretary, in consultation with
the County, may correct minor errors in the Map.
(c) Joint Selection Required.--After providing public
notice, the Secretary and the County shall jointly select
parcels of eligible land to be offered for sale or exchange
under subsection (a).
(d) Method of Sale.--A sale of eligible land under
subsection (a) shall be--
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(2) conducted through a competitive bidding process, under
which adjoining landowners are offered the first option,
unless the Secretary determines there are suitable and
qualified buyers that are not adjoining landowners; and
(3) for not less than fair market value, based on an
appraisal in accordance with the Uniform Standards of
Professional Appraisal Practice and this title.
(e) Land Exchanges.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and subject to the joint selection
requirements under subsection (c), the Secretary shall offer
to exchange all eligible land under this section for private
land.
(2) Adjacent land.--To the extent practicable, the
Secretary shall seek to enter into agreements with one or
more owners of private land adjacent to the eligible land for
the exchange of the private land for the eligible land, if
the Secretary determines that the exchange would consolidate
Federal land ownership and facilitate improved Federal land
management.
(3) Priority land exchanges.--In acquiring private land
under this subsection, the Secretary shall give priority to
the acquisition of private land in higher-value natural
resource areas in the County.
(f) Mass Appraisals.--
(1) In general.--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 eligible land to be sold or
exchanged under this section;
(B) prepare an evaluation analysis for each land
transaction under this section; and
(C) make available to the public the results of the mass
appraisals conducted under subparagraph (A).
(2) Use.--The Secretary may use mass appraisals and
evaluation analyses conducted under paragraph (1) to
facilitate exchanges of eligible land for private land.
(g) Deadline for Sale or Exchange; Exclusions.--
(1) Deadline.--Not later than 90 days after the date on
which the eligible land is jointly selected under subsection
(c), the Secretary shall offer for sale or exchange the
parcels of eligible land jointly selected under that
subsection.
(2) Postponement or exclusion.--The Secretary or the County
may postpone, or exclude from, a sale or exchange of all or a
portion of the eligible land jointly selected under
subsection (c) for emergency ecological or safety reasons.
(h) Withdrawal.--
(1) In general.--Subject to valid existing rights and
mining claims, millsites, and tunnel sites, effective on the
date on which a parcel of eligible land is jointly selected
under subsection (c) for sale or exchange, 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
section; or
(B) with respect to any parcel of eligible land selected
for sale or exchange under subsection (c) 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 section.
SEC. 5213. SALE OF ENCUMBERED LAND.
(a) Authorization of Conveyance.--Notwithstanding sections
202, 203, 206, and 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719),
not later than 90 days after the date of enactment of this
Act and subject to valid existing rights held by third
parties, the Secretary shall offer to convey to qualified
entities, for fair market value, the remaining right, title,
and interest of the United States, in and to the encumbered
land.
(b) Costs of Sales to Qualified Entities.--As a condition
of each conveyance of encumbered land under this section, the
qualified entity shall pay all costs related to the
conveyance of the encumbered land, including the costs of
surveys and other administrative costs associated with the
conveyance.
(c) Offer To Convey.--
(1) In general.--Not later than 180 days after the date on
which the Secretary receives a fair market offer from a
qualified entity for the conveyance of encumbered land, the
Secretary shall accept the fair market value offer.
(2) Appraisal.--Fair market value of the interest of the
United States in and to encumbered land shall be determined
by an appraisal conducted in accordance with the Uniform
Standards of Professional Appraisal Practice.
(d) Conveyance.--Not later than 180 days after the date of
acceptance by the Secretary of an offer from a qualified
entity under subsection (c)(1) and completion of a sale for
all or part of the applicable portion of encumbered land to
the 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 encumbered land.
(e) Merger.--Subject to valid existing rights held by third
parties, on delivery of the instrument of conveyance to the
qualified entity under subsection (d), the 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 encumbered land included in
the instrument of conveyance, 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 encumbered
land.
SEC. 5214. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--Of the proceeds from the sale
of land under this title--
(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 acquisition of land from willing sellers (including
interests in land) in the County--
(i) within a wilderness area;
(ii) that protects other environmentally significant land;
(iii) that secures public access to Federal land for
hunting, fishing, and other recreational purposes; or
(iv) that improves management of Federal land within the
area identified on the Map as ``Checkerboard Lands Resolution
Area''; and
(B) the reimbursement of costs incurred by the Secretary in
preparing for the sale or exchange of land under this title.
(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.--Not later than September 30 of the fifth
fiscal year after the date of enactment of this Act, and
every 5 fiscal years thereafter, the Secretary shall submit
to the State, the County, and the appropriate committees of
Congress a report on the operation of the special account
established
[[Page S5782]]
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.
Subtitle B--Wilderness Areas
SEC. 5221. 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.
(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 title, 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. 5222. 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 with respect to the wilderness areas--
(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 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 title 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 title--
(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 subtitle, 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
wilderness areas.
(i) Temporary Telecommunications Device.--
(1) In general.--Nothing in this title prevents the
placement of a temporary telecommunications device for law
enforcement or agency administrative purposes in the
[[Page S5783]]
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. 5223. 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.--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.--In accordance 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.
(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. 5224. 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
5221(a) and the portion of the Augusta Mountains wilderness
study area within the County that has not been designated as
wilderness by section 5221(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 section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
SEC. 5225. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
(a) In General.--Nothing in this title alters or diminishes
the treaty rights of any Indian Tribe.
(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.).
TITLE LIII--LANDER COUNTY
SEC. 5301. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Lander County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
Subtitle A--Lander County Land Conveyances
SEC. 5311. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to National Forest System
land.
SEC. 5312. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and
Parks.--Notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), not later than
60 days after the date on which the County identifies the
parcels of Federal land selected by the County for conveyance
to the County from among the parcels identified on the Map as
``Lander County Parcels BLM and USFS'', the Secretary
concerned shall convey to the County, subject to valid
existing rights and for no consideration, all right, title,
and interest of the United States in and to the identified
parcels of Federal land (including mineral rights) for use by
the County for watershed protection, recreation, and parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary shall convey to the County, subject to valid
existing rights, including mineral rights, all right, title,
and interest of the United States in and to the parcels of
Federal land identified on the Map as ``Kingston Airport''
for the purpose of improving the relevant airport facility
and related infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by
the County under paragraph (1) shall be the survey costs
relating to the conveyance.
(c) Survey.--The exact acreage and legal description of any
parcel of Federal land to be conveyed under subsection (a) or
(b) shall be determined by a survey satisfactory to the
Secretary concerned and the County.
(d) Reversionary Clause Required.--A conveyance of Federal
land under subsection (a) or (b) shall include a reversionary
clause to ensure that management of the Federal land conveyed
under the applicable subsection shall revert to the Secretary
concerned if the Federal land is no longer being managed in
accordance with the applicable subsection.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County
may, by mutual agreement--
(A) make minor boundary adjustments to the parcels of
Federal land to be conveyed under subsection (a) or (b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal description of any parcel
of Federal land conveyed under subsection (a) or (b).
(2) Conflict.--If there is a conflict between the Map, an
acreage estimate, or a legal description of Federal land
conveyed under subsection (a) or (b), the Map shall control
unless the Secretary concerned and the County mutually agree
otherwise.
(3) Availability.--The Secretary shall make the Map
available for public inspection in--
(A) the Office of the Nevada State Director of the Bureau
of Land Management; and
(B) the Bureau of Land Management Battle Mountain Field
Office.
Subtitle B--Lander County Wilderness Areas
SEC. 5321. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 5322(a).
SEC. 5322. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
[[Page S5784]]
(1) Cain mountain wilderness.--Certain Federal land managed
by the Director of the Bureau of Land Management, comprising
approximately 6,386 acres, as generally depicted as ``Cain
Mountain Wilderness'' on the Map, which shall be known as the
``Cain Mountain Wilderness''.
(2) Desatoya mountains wilderness.--Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 7,766 acres, as generally depicted
as ``Desatoya Mountains Wilderness'' on the Map, which shall
be known as the ``Desatoya Mountains 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 with, and
make available for inspection in, the appropriate offices of
the Bureau of Land Management, 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 subtitle, except that the Secretary may
correct clerical and typographical errors in the map or legal
description.
(d) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5323. 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 with respect to the wilderness areas--
(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 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 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 subtitle
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 or 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 the land in
ways different from the methods used in other laws.
(2) Purpose.--The purpose of this subsection is to protect
the wilderness values of the wilderness areas by means other
than a federally reserved water right.
(3) Statutory construction.--
(A) No reservation.--Nothing in this subtitle constitutes
an express or implied reservation by the United States of any
water or water rights with respect to the wilderness areas.
(B) State rights.--Nothing in this subtitle 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) No precedent.--Nothing in this subtitle establishes a
precedent with regard to any future wilderness designations.
(D) No effect on other designations.--Nothing in this
subtitle affects the interpretation of, or any designation
made under, any other Act.
(E) No effect on compacts.--Nothing in this subtitle
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--
(I) an irrigation or pumping facility;
(II) a reservoir;
(III) a water conservation works;
(IV) an aqueduct, canal, ditch, pipeline, well, hydropower
project, or transmission or other ancillary facility; and
(V) any other water diversion, conservation, storage, or
carriage structure.
(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 subtitle, 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 wilderness areas.
SEC. 5324. 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
subtitle 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.--In accordance 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.
(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 would, 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.
[[Page S5785]]
(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 County.
SEC. 5325. 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 following public land has
been adequately studied for wilderness designation:
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been
designated as wilderness by section 5322(a).
(2) The approximately 1,088 acres of the Desatoya
Wilderness Study Area within the County that has not been
designated as wilderness by section 5322(a).
(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 section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
SEC. 5326. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
(a) In General.--Nothing in this subtitle 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 subtitle 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.).
TITLE LIV--DOUGLAS COUNTY
SEC. 5401. PURPOSE.
The purpose of this title is to promote conservation,
improve public land, and provide for sensible development in
Douglas County, Nevada, and for other purposes.
SEC. 5402. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Douglas County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Douglas
County Economic Development and Conservation Act'' and dated
October 14, 2019.
(3) 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).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to National Forest System land, the
Secretary of Agriculture (acting through the Chief of the
Forest Service); and
(B) with respect to land managed by the Bureau of Land
Management, including land held for the benefit of the Tribe,
the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California.
(7) Wilderness.--The term ``Wilderness'' means the Burbank
Canyons Wilderness designated by this title.
Subtitle A--Land Conveyances and Sales
SEC. 5411. CONVEYANCE TO STATE OF NEVADA.
(a) Conveyance.--Subject to valid existing rights, the
Secretary concerned shall convey to the State without
consideration all right, title, and interest of the United
States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) is the approximately 67 acres of Forest
Service land generally depicted as ``Lake Tahoe-Nevada State
Park'' on the Map.
(c) Costs.--As a condition for the conveyance under
subsection (a), all costs associated with such conveyances
shall be paid by the State.
(d) Use of Land.--
(1) In general.--Any land conveyed to the State under
subsection (a) shall be used only for--
(A) the conservation of wildlife or natural resources; or
(B) a public park.
(2) Facilities.--Any facility on the land conveyed under
subsection (a) shall be constructed and managed in a manner
consistent with the uses described in paragraph (1).
(e) Reversion.--If any portion of the land conveyed under
subsection (a) is used in a manner that is inconsistent with
the uses described in subsection (d), the land shall, at the
discretion of the Secretary concerned, revert to the United
States.
SEC. 5412. TAHOE RIM TRAIL.
(a) In General.--The Secretary of Agriculture, in
consultation with the County and other stakeholders, shall
develop and implement a cooperative management agreement for
the land described in subsection (b)--
(1) to improve the quality of recreation access by
providing additional amenities as agreed on by the Secretary
of Agriculture and the County; and
(2) to conserve the natural resources values.
(b) Description of Land.--The land referred to in
subsection (a) consists of the approximately 13 acres of land
generally depicted as ``Tahoe Rim Trail North Parcel'' on the
Map.
SEC. 5413. CONVEYANCE TO DOUGLAS COUNTY, NEVADA.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the approximately 7,777 acres of
Federal land located in the County that is identified as
``Douglas County Land Conveyances'' on the Map.
(b) Authorization of Conveyance.--Subject to valid existing
rights and notwithstanding the land use planning requirements
of section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712), not later than 180 days after the
date on which the Secretary concerned receives a request from
the County for the conveyance of the Federal land, the
Secretary concerned shall convey to the County, without
consideration, all right, title, and interest of the United
States in and to the Federal land.
(c) Costs.--Any costs relating to the conveyance authorized
under subsection (b), including any costs for surveys and
other administrative costs, shall be paid by the County.
(d) Use of Federal Land.--
(1) In general.--The Federal land conveyed under subsection
(b)--
(A) may be used by the County for flood control or any
other public purpose consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act''; 43 U.S.C. 869 et seq.); and
(B) shall not be disposed of by the County.
(2) Reversion.--If the Federal land conveyed under
subsection (b) is used in a manner inconsistent with
paragraph (1), the Federal land shall, at the discretion of
the Secretary concerned, revert to the United States.
(e) Acquisition of Federal Reversionary Interest.--
(1) Request.--The County may submit to the Secretary
concerned a request to acquire the Federal reversionary
interest in all or any portion of the Federal land conveyed
under this section.
(2) Appraisal.--
(A) In general.--Not later than 180 days after the date of
receipt of a request under paragraph (1), the Secretary
concerned shall complete an appraisal of the Federal
reversionary interest in the Federal land requested by the
County.
(B) Requirement.--The appraisal under subparagraph (A)
shall be completed in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Conveyance required.--
(A) In general.--If, by the date that is 1 year after the
date of completion of the appraisal under paragraph (2), the
County submits to the Secretary concerned an offer to acquire
the Federal reversionary interest requested under paragraph
(1), the Secretary concerned, by not later than the date that
is 30 days after the date on which the offer is submitted,
shall convey to the County that reversionary interest.
(B) Consideration.--As consideration for the conveyance of
the Federal reversionary interest under subparagraph (A), the
County shall pay to the Secretary concerned an amount equal
to the appraised value of the Federal reversionary interest,
as determined under paragraph (2).
(C) Costs of conveyance.--Any costs relating to the
conveyance under subparagraph (A), including any costs for
surveys and other administrative costs, shall be paid by the
Secretary concerned.
(4) Disposition of proceeds.--Any amounts collected under
this subsection shall be disposed of in accordance with
section 5414(i).
(f) Revocation of Orders.--Any public land order that
withdraws any of the land described in subsection (a) from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit disposal of that
land.
SEC. 5414. SALE OF CERTAIN FEDERAL LAND.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary concerned shall, in accordance
with the other provisions of that Act and any other
applicable law, and subject to valid existing rights, conduct
one or more sales of the Federal land including mineral
rights described in subsection (b) to qualified bidders.
[[Page S5786]]
(b) Description of Land.--The Federal land referred to in
subsection (a) consists of--
(1) the approximately 59.5 acres of public land generally
depicted as ``Lands for Disposal'' on the Map; and
(2) not more than 10,000 acres of land in the County that--
(A) is not segregated or withdrawn on or after the date of
enactment of this Act, unless the land is withdrawn in
accordance with subsection (g); and
(B) is identified for disposal by the Secretary concerned
through--
(i) the Carson City Consolidated Resource Management Plan;
or
(ii) any subsequent amendment to the management plan that
is undertaken with full public involvement.
(c) Joint Selection Required.--The Secretary concerned and
the County shall jointly select which parcels of the Federal
land described in subsection (b)(2) to offer for sale under
subsection (a).
(d) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale of Federal land under subsection (a), the
County shall submit to the Secretary concerned a
certification that qualified bidders have agreed to comply
with--
(1) County zoning ordinances; and
(2) any master plan for the area approved by the County.
(e) Method of Sale.--The sale of Federal land under
subsection (a) shall be--
(1) sold through a competitive bidding process, unless
otherwise determined by the Secretary concerned; and
(2) for not less than fair market value.
(f) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not later than 30 days before any land
described in subsection (b) is offered for sale under
subsection (a), the State or County may elect to obtain the
land for public purposes in accordance with the Act of June
14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''; 43 U.S.C. 869 et seq.).
(2) Retention.--Pursuant to an election made under
paragraph (1), the Secretary concerned shall retain the
elected land for conveyance to the State or County in
accordance with the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act''; 43 U.S.C. 869 et
seq.).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the Federal land
described in subsection (b) is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(2) Termination.--The withdrawal under paragraph (1) shall
be terminated--
(A) on the date of sale or conveyance of title to the land
including mineral rights described in subsection (b) pursuant
to this title; or
(B) with respect to any land described in subsection (b)
that is not sold or exchanged, not later than 1 year after
the date on which the land was offered for sale under this
title.
(3) Exception.--Paragraph (1)(A) shall not apply to a sale
made consistent with this section or an election by the
County or the State to obtain the land described in
subsection (b) for public purposes under the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act''; 43 U.S.C. 869 et seq.).
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act, if
there is a qualified bidder for the land described in
subsection (b), the Secretary concerned shall offer the land
for sale to the qualified bidder.
(2) Postponement; exclusion from sale.--At the request of
the County, the Secretary concerned may temporarily postpone
or exclude from the sale under paragraph (1) all or a portion
of the land described in subsection (b).
(i) Disposition of Proceeds.--Of the proceeds from the sale
under this section--
(1) 5 percent shall be disbursed to the State for use by
the State for general education programs of the State;
(2) 10 percent shall be disbursed to the County for use by
the County for general budgeting purposes; and
(3) 85 percent shall be deposited in a special account in
the Treasury of the United States, to be known as the
``Douglas County Special Account'', which shall be available
to the Secretary concerned until expended, without further
appropriation--
(A) to reimburse costs incurred by the Secretary concerned
in preparing for the sale of the land described in subsection
(b), 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) to reimburse costs incurred by the Bureau of Land
Management and the Forest Service in preparing for and
carrying out the transfers of land to be held in trust by the
United States under section 5421; and
(C) to acquire environmentally sensitive land or an
interest in environmentally sensitive land in the County--
(i) pursuant to the Douglas County Open Space and
Agricultural Lands Preservation Implementation Plan, or any
subsequent amendment to the plan that is undertaken with full
public involvement; and
(ii) for flood control purposes.
(j) Revocation of Orders.--Any public land order that
withdraws any of the land described in subsection (b) from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit disposal of that
land.
SEC. 5415. OPEN SPACE RECREATION AREA.
(a) Authorization of Conveyance.--Not later than 180 days
after the date on which the Secretary of Agriculture receives
a request from the County, the Secretary of Agriculture shall
convey to the County, without consideration, all right,
title, and interest of the United States in and to the
Federal land to be used for recreation and any other public
purpose consistent with the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act''; 43
U.S.C. 869 et seq.).
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 1,084 acres of land
as depicted as ``Open Space Recreation Area'' on the Map.
(c) Costs.--Any costs relating to the conveyance authorized
under subsection (b), including any costs for surveys and
other administrative costs, shall be paid by the County.
(d) Use of Federal Land.--The Federal land conveyed under
subsection (a) shall not be disposed of by the County.
Subtitle B--Tribal Cultural Resources
SEC. 5421. TRANSFER OF LAND TO BE HELD IN TRUST FOR TRIBE.
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in subsection (b)--
(1) shall be held in trust by the United States for the
benefit of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in
subsection (a) consists of--
(1) approximately 2,669 acres of Federal land generally
depicted as ``Washoe Tribe Conveyances'' on the Map; and
(2) any land administered on the date of enactment of this
Act by the Bureau of Land Management or the Forest Service
and generally depicted as ``Section 5 lands''.
(c) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary concerned shall complete
a survey of the boundary lines to establish the boundaries of
the land taken into trust under subsection (a).
(d) Use of Trust Land.--
(1) Gaming.--Land taken into trust under this section shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as defined in
section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
(2) Thinning; landscape restoration.--
(A) In general.--The Secretary concerned, in consultation
and coordination with the Tribe, may carry out any fuel
reduction and other landscape restoration activities on the
land taken into trust under subsection (a) (including land
that includes threatened and endangered species habitat),
that are beneficial to--
(i) the Tribe; and
(ii)(I) the Bureau of Land Management; or
(II) the Forest Service.
(B) Conservation benefits.--Activities carried out under
subparagraph (A) include activities that provide conservation
benefits to a species--
(i) that is not listed as endangered or threatened under
section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)); but
(ii) is--
(I) listed by a State as a threatened or endangered
species;
(II) a species of concern; or
(III) a candidate for a listing as an endangered or
threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(e) Water Rights.--Nothing in this section affects the
allocation, ownership, interest, or control, as in existence
on the date of enactment of this Act, of any water, water
right, or any other valid existing right held by the United
States, an Indian Tribe, a State, or a person.
Subtitle C--Resolution of Burbank Canyons Wilderness Study Area
SEC. 5431. ADDITION TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
12,392 acres of Federal land managed by the Bureau of Land
Management, as generally depicted on the Map as ``Burbank
Canyons Wilderness'' is designated as wilderness and as a
component of the National Wilderness Preservation System, to
be known as the ``Burbank Canyons Wilderness''.
(b) Boundary.--The boundary of any portion of the
Wilderness that is bordered by a road shall be at least 100
feet from the centerline of the road to allow public access.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
a map and legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary concerned
may correct any minor error in the map or legal description.
[[Page S5787]]
(3) Availability.--A copy of the map and legal description
prepared under paragraph (1) shall be on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(d) Withdrawal.--Subject to valid existing rights, the
Wilderness is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5432. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary concerned
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 of the Interior.
(b) Livestock.--The grazing of livestock in the Wilderness,
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
concerned 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 within the boundaries of the Wilderness
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.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness shall not preclude the conduct of the activities
or uses outside the boundary of the Wilderness.
(e) Military Overflights.--Nothing in this title restricts
or precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military 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 flight training
routes, over the Wilderness.
(f) Existing Airstrips.--Nothing in this title restricts or
precludes low-level overflights by aircraft utilizing
airstrips in existence on the date of enactment of this Act
that are located within 5 miles of the proposed boundary of
the Wilderness.
(g) 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 concerned may take any
measures in the Wilderness that the Secretary concerned
determines to be necessary for the control of fire, insects,
and diseases, including, as the Secretary concerned
determines to be appropriate, the coordination of the
activities with the State or a local agency.
(h) 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 concerned may prescribe, the
Secretary concerned may authorize the installation and
maintenance of hydrologic, meteorologic, or climatological
collection devices in the Wilderness if the Secretary
concerned determines that the facilities and access to the
facilities are essential to flood warning, flood control, or
water reservoir operation activities.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the Wilderness is located--
(i) in the semiarid region of the Great Basin; and
(ii) at the headwaters for 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 is generally not suitable for use or
development of new water resource facilities; and
(C) because of the unique nature of the Wilderness, it is
possible to provide for proper management and protection of
the wilderness and other values of land by means different
from the means used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the Wilderness by means other than a
federally reserved water right.
(3) Statutory construction.--Nothing in this title--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the Wilderness;
(B) affects any water rights in the State (including any
water rights held by the United States) in existence on the
date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State and other States.
(4) Nevada water law.--The Secretary concerned 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.
(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 title, on or after the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within any
wilderness area, including a portion of a wilderness area,
that is located in the County.
SEC. 5433. FISH AND WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
Wilderness.
(b) Management Activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary concerned may conduct any management
activities in the Wilderness that are necessary to maintain
or restore fish and wildlife populations and the habitats to
support the populations, if the activities are carried out--
(1) in a manner that is consistent with relevant wilderness
management plans; and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405),
including the occasional and temporary use of motorized
vehicles and aircraft if the use, as determined by the
Secretary concerned, 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 report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405), the
State may continue to use aircraft, including helicopters, to
survey, capture, trans- plant, monitor, and provide water for
wildlife populations in the Wilderness.
(d) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary concerned 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.
(2) Consultation.--Except in emergencies, the Secretary
concerned shall consult with the appropriate State agency and
notify the public before making any designation under
paragraph (1).
(e) Cooperative Agreement.--
(1) In general.--The State (including a designee of the
State) may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions specified
in the cooperative agreement between the Secretary of the
Interior 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 of the
Interior and the State; and
(B) subject to all applicable laws (including regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered
to be a reference to the Wilderness.
SEC. 5434. RELEASE OF WILDERNESS STUDY AREA.
(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 1,065 acres
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of public land in the Burbank Canyons Wilderness study area
not designated as wilderness by this title has been
adequately studied for wilderness designation.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this title--
(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));
or
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); and
(B) cooperative conservation agreements in existence on the
date of enactment of this Act.
SEC. 5435. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty
rights of any Indian Tribe.
Subtitle D--Transfer of Administrative Jurisdiction Over Forest Service
Land
SEC. 5441. AUTHORITY OF FOREST SERVICE TO TRANSFER
ADMINISTRATIVE JURISDICTION TO STATE OR COUNTY
FOR PUBLIC PURPOSES.
(a) In General.--Consistent with section 3(b) of Public Law
96-586 (commonly known as the ``Santini-Burton Act''; 94
Stat. 3384), and subject to valid existing rights, on receipt
of a request by the State or County and subject to such terms
and conditions as are satisfactory to the Secretary of
Agriculture, the Secretary may transfer the Forest Service
land or interests in Forest Service land described in
subsection (b) to the State or County, without consideration,
to protect the environmental quality and public recreational
use of the transferred Forest Service land.
(b) Description of Land.--The land referred to in
subsection (a) is any Forest Service land that is located
within the boundaries of the area acquired under Public Law
96-586 (commonly known as the ``Santini-Burton Act''; 94
Stat. 3381) that is--
(1) unsuitable for Forest Service Administration; or
(2) necessary for a public purpose.
(c) Use of Land.--A parcel of land conveyed pursuant to
subsection (a) shall--
(1) be managed by the State or County, as applicable--
(A) to maintain undeveloped open space and to preserve the
natural characteristics of the transferred land in
perpetuity; and
(B) to protect and enhance water quality, stream
environment zones, and important wildlife habitat; and
(2) be used by the State or County, as applicable, for
recreation or other public purposes including trails,
trailheads, fuel reduction, flood control, and other
infrastructure consistent with the Act of June 14, 1926 (43
U.S.C. 869 et seq.).
(d) Reversion.--If a parcel of land transferred under
subsection (a) is used in a manner that is inconsistent with
subsection (c), the parcel of land shall, at the discretion
of the Secretary of Agriculture, revert to the United States.
SEC. 5442. SPECIAL USE PERMITS FOR RECREATION AND PUBLIC
PURPOSES.
(a) Issuance of Special Use Permits.--Not later than one
year after the date on which the Secretary of Agriculture
receives an application from the County or unit of local
government for the use of the Federal land outlined in
subsection (b), the Secretary, in accordance with all
applicable laws shall--
(1) issue to the County a special use permit for recreation
and public purposes; and
(2) authorize a permit length up to 30 years or longer for
the use of the land.
(b) Description of Land.--The land referenced in subsection
(a) applies to approximately 188 acres of Federal land
located in the County that is identified as ``Directed
Special Use Permit'' on the Map.
TITLE LV--CARSON CITY PUBLIC LANDS CORRECTION
SEC. 5501. DEFINITIONS.
In this title:
(1) Carson city federal land collaboration committee.--The
term ``Carson City Federal Land Collaboration Committee''
means a committee comprised of--
(A) the City Manager;
(B) a designee of the City Manager; and
(C) not more than 3 members appointed by the Carson City
Board of Supervisors to represent areas of Carson City's
government, including the Parks, Recreation, and Open Space
Department, the Community Development Department, Property
Management.
(2) City.--The term ``City'' means Carson City, Nevada.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture with respect to land in
the National Forest System; and
(B) the Secretary of the Interior with respect to other
Federal land.
SEC. 5502. LAND CONVEYANCES.
(a) Conveyance.--Subject to valid existing rights and
notwithstanding the land use planning requirements of section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United
States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) is the approximately 258 acres depicted as
``Lands to Acquire'' on the map entitled ``Carson City OPLMA
Lands'' and dated 2018.
(c) Costs.--Any costs relating to the conveyance under
subsection (a), including costs of surveys and administrative
costs, shall be paid by the City and are eligible for
reimbursement under the account as described in section
5507(a).
(d) Sale or Lease of Land to Third Parties.--The City may
enter into an agreement to sell, lease, or otherwise convey
all or part of the land described in subsection (b).
(e) Conditions.--The City shall sell the land at fair
market value, and proceeds will be deposited in the account
as described in section 5507(a).
SEC. 5503. CARSON CITY STREET CONNECTOR CONVEYANCE.
(a) Authorization of Conveyance.--The Secretary shall
convey to Carson City without consideration all right, title,
and interest of the United States in and to the parcels of
Federal land described in subsection (b) for expansion of
roadway.
(b) Description of Federal Land.--The Federal land referred
to in subsection (a) is depicted as ``Proposed Land
Transfer'' on the map entitled ``Carson City OPLMA Lands''
and dated February 28, 2019.
(c) Costs.--Any costs relating to the conveyance authorized
under subsection (a), including any costs for surveys and
other administrative costs, shall be paid by the city.
(d) Reversion.--If the land conveyed under subsection (a)
is used in a manner inconsistent with subsection (a), the
Federal land shall, at the discretion of the Secretary,
revert to the United States.
SEC. 5504. AMENDMENT TO REVERSIONARY INTERESTS.
(a) Sale or Lease of Land to Third Parties.--Section
2601(b)(4) of Public Law 111-11 (123 Stat. 1111) is amended
by inserting after subparagraph (D) the following:
``(E) Sale or lease of land to third parties.--The City may
enter into an agreement to sell, lease, or otherwise convey
all or part of the land described in subparagraph (D) to
third parties for public purposes.''.
(b) Conditions.--The sale of any land under the amendment
made by subsection (a) shall be for not less than fair market
value.
SEC. 5505. DISPOSAL OF FEDERAL LAND.
(a) Disposal.--Subject to valid existing rights and
notwithstanding the land use planning requirements of section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), the Secretary shall dispose of the land
described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) is the approximately 28 acres depicted as
``Lands for BLM Disposal'' on the map entitled ``Carson City
OPLMA Lands'' and dated 2018.
(c) Costs.--Any costs relating to the disposal under
subsection (a), including costs of surveys and administrative
costs, shall be paid by the party entering into the disposal
agreement with the Bureau of Land Management for the land
described in subsection (b).
(d) Conditions.--Upon disposal, the City shall retain--
(1) a public utility easement concurrent with Koontz Lane
and Conti Drive, which provides waterlines and access to the
water tank immediately east of the subject parcels; and
(2) an existing drainage easement for a future detention
basin located on APN 010-152-06 depicted as ``Lands for BLM
Disposal'' on the map entitled ``Carson City OPLMA Lands''
and dated 2018.
SEC. 5506. TRANSFER OF LAND TO THE UNITED STATES.
(a) Conveyance.--Not later than 180 days after the date of
enactment of this Act, the City shall convey all right and
title of the land described in subsection (b) to the
Secretary of the Interior.
(b) Description of Land.--The land referred to in
subsection (a) is the approximately 17 acres depicted as
``Lands for Disposal'' on the map entitled ``Carson City
OPLMA Lands'' and dated 2018.
(c) Disposal.--Subject to valid existing rights and
notwithstanding the land use planning requirements of section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), the Secretary of the Interior shall dispose of
the land described in subsection (b).
(d) Costs.--
(1) Costs related to disposal.--Any costs relating to the
disposal under subsection (c), including costs of surveys and
administrative costs, shall be paid by the party entering
into the disposal agreement with the Bureau of Land
Management for the land described in subsection (b).
(2) Costs related to conveyance.--Any costs relating to the
conveyance under subsection (a), including costs of surveys
and administrative costs, shall be paid by the City and is
eligible for reimbursement through the account as described
in section 5507(a).
(e) Conditions.--Upon disposal, the City shall retain--
(1) access and a public utility easement on APN 010-252-02
for operation and maintenance of a municipal well; and
(2) a public right-of-way for Bennet Avenue.
SEC. 5507. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--The proceeds from the sale of
land under sections 5502 , 5503, 5504, and 5505 and section
2601(e)(1)(B) of Public Law 111-11 (123 Stat. 1111) shall be
deposited in a special account in the Treasury of the United
States, to be known as the ``Carson City Special Account'',
which shall be available to the Secretary in collaboration
with and if approved
[[Page S5789]]
in writing by the Carson City Federal Land Collaboration
Committee, for--
(1) the reimbursement of costs incurred by the Secretary in
preparing for the sale of the land described in sections
5502, 5504, and 5505 and section 2601(e)(1)(B) of Public Law
111-11 (123 Stat. 1111), including--
(A) the costs of surveys and appraisals; and
(B) 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);
(2) the reimbursement of costs incurred as described in
paragraphs (3) through (8) by the City for land under
sections 5502, 5503, 5504, and 5505 and section 2601(d) of
Public Law 111-11 (123 Stat. 1111);
(3) the conduct of wildlife habitat conservation and
restoration projects, including projects that benefit the
greater sage-grouse in the City;
(4) the development and implementation of comprehensive,
cost-effective, multijurisdictional hazardous fuels reduction
and wildfire prevention and restoration projects in the City;
(5) the acquisition of environmentally sensitive land or
interest in environmentally sensitive land in Carson City,
Nevada;
(6) wilderness protection and processing wilderness
designation, including the costs of appropriate fencing,
signage, public education, and enforcement for the wilderness
areas designated through this title;
(7) capital improvements administered by the Bureau of Land
Management and the Forest Service in the City; and
(8) educational purposes specific to the City.
(b) Investment of Special Account.--Amounts deposited into
the Carson City Special Account--
(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) Management of Special Account.--The management and
procedures thereof of the Carson City Special Account shall
be determined by an intergovernmental agreement between the
City and the Department of the Interior's Bureau of Land
Management, Carson City office.
SEC. 5508. POSTPONEMENT; EXCLUSION FROM SALE.
Section 2601(d)(6) of Public Law 111-11 (123 Stat. 1113) is
amended to read as follows:
``(6) Deadline for sale.--Not later than 1 year after the
date of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, if there is a
qualified bidder for the land described in subparagraphs (A)
and (B) of paragraph (2), the Secretary of the Interior shall
offer the land for sale to the qualified bidder.''.
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