[Congressional Record (Bound Edition), Volume 150 (2004), Part 17]
[Senate]
[Pages 23804-23809]
[From the U.S. Government Publishing Office, www.gpo.gov]




  LINCOLN COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT OF 2004

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 4593) to establish wilderness 
areas, promote conservation, improve public land, and provide for the 
high quality development in Lincoln County, Nevada, and for other 
purposes.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

     SEC. 2. SHORT TITLE.

       This Act may be cited as the ``Lincoln County Conservation, 
     Recreation, and Development Act of 2004''.

                         TITLE I--LAND DISPOSAL

     SEC. 101. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Map.--The term ``map'' means the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Special account.--The term ``special account'' means 
     the special account established under section 103(b)(3).

     SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1712), the Secretary, in cooperation with the County, 
     in accordance with that Act, this title, and other applicable 
     law and subject to valid existing rights, shall conduct sales 
     of--
       (1) the land described in subsection (b)(1) to qualified 
     bidders not later than 75 days after the date of the 
     enactment of this Act; and
       (2) the land described in subsection (b)(2) to qualified 
     bidders as such land becomes available for disposal.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of--
       (1) the land identified on the map as Tract A and Tract B 
     totaling approximately 13,328 acres; and
       (2) not more than 90,000 acres of Bureau of Land Management 
     managed public land in Lincoln County that is not segregated 
     or withdrawn on the date of enactment of this Act or 
     thereafter, and that is identified for disposal by the BLM 
     either through--
       (A) the Ely Resource Management Plan (intended to be 
     finalized in 2005); or
       (B) a subsequent amendment to that land use plan undertaken 
     with full public involvement.
       (c) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Office of the Bureau of Land Management; 
     and
       (4) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Joint Selection Required.--The Secretary and the County 
     shall jointly select which parcels of land described in 
     subsection (b)(2) to offer for sale under subsection (a).
       (e) Compliance With Local Planning and Zoning Laws.--Before 
     a sale of land under subsection (a), the County shall submit 
     to the Secretary a certification that qualified bidders have 
     agreed to comply with--
       (1) County and city zoning ordinances; and
       (2) any master plan for the area approved by the County.
       (f) Method of Sale; Consideration.--The sale of land under 
     subsection (a) shall be--
       (1) consistent with section 203(d) and 203(f) of the 
     Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) 
     and (f));
       (2) through a competitive bidding process unless otherwise 
     determined by the Secretary; and
       (3) for not less than fair market value.
       (g) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the land described in 
     subsection (b) 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) Exception.--Paragraph (1)(A) shall not apply to a 
     competitive sale or an election by the County to obtain the 
     land described in subsection (b) for public purposes under 
     the Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly 
     known as the ``Recreation and Public Purposes Act'').
       (h) Deadline for Sale.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall--
       (A) notwithstanding the Lincoln County Land Act of 2000 
     (114 Stat. 1046), not later than 75 days after the date of 
     the enactment of this Act, offer by sale the land described 
     in subsection (b)(1) if there is a qualified bidder for such 
     land; and
       (B) offer for sale annually lands identified for sale in 
     subsection (b)(2) until such lands are disposed of or unless 
     the county requests a postponement under paragraph (2).
       (2) Postponement; exclusion from sale.--
       (A) Request by county for postponement or exclusion.--At 
     the request of the County, the Secretary shall postpone or 
     exclude from the sale all or a portion of the land described 
     in subsection (b)(2).
       (B) Indefinite postponement.--Unless specifically requested 
     by the County, a postponement under subparagraph (A) shall 
     not be indefinite.

     SEC. 103. DISPOSITION OF PROCEEDS.

       (a) Initial Land Sale.--Section 5 of the Lincoln County 
     Land Act of 2000 (114 Stat. 1047) shall apply to the 
     disposition of the gross proceeds from the sale of land 
     described in section 102(b)(1).
       (b) Disposition of Proceeds.--Proceeds from sales of lands 
     described in section 102(b)(2) shall be disbursed as 
     follows--
       (1) 5 percent shall be paid directly to the state for use 
     in the general education program of the State;
       (2) 10 percent shall be paid to the County for use for fire 
     protection, law enforcement, public safety, housing, social 
     services, and transportation; and
       (3) the remainder shall be deposited in a special account 
     in the Treasury of the United States and shall be available 
     without further appropriation to the Secretary until expended 
     for--
       (A) the reimbursement of costs incurred by the Nevada State 
     office and the Ely Field Office of the Bureau of Land 
     Management for preparing for the sale of land described in 
     section 102(b) including surveys appraisals, compliance with 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321) and compliance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1711, 1712);
       (B) the inventory, evaluation, protection, and management 
     of unique archaeological resources (as defined in section 3 
     of the Archaeological Resources Protection Act of 19792 (16 
     U.S.C. 470bb)) of the County;
       (C) the development and implementation of a multispecies 
     habitat conservation plan for the County;
       (D) processing of public land use authorizations and 
     rights-of-way relating to the development of land conveyed 
     under section 102(a) of this Act;
       (E) processing the Silver State OHV trail and implementing 
     the management plan required by section 151(c)(2) of this 
     Act; and
       (F) processing wilderness designation, including but not 
     limited to, the costs of appropriate fencing, signage, public 
     education, and enforcement for the wilderness areas 
     designated.
       (c) Investment of Special Account.--Any amounts deposited 
     in the special account shall earn interest in an amount 
     determined by the Secretary of the Treasury on the basis of 
     the current average market yield on outstanding marketable 
     obligations of the United States of comparable maturities, 
     and may be expended according to the provisions of this 
     section.

                       TITLE II--WILDERNESS AREAS

     SEC. 111. FINDINGS.

       Congress finds that--
       (1) public land in the County contains unique and 
     spectacular natural resources, including--
       (A) priceless habitat for numerous species of plants and 
     wildlife; and
       (B) thousands of acres of land that remain in a natural 
     state; and
       (2) continued preservation of those areas would benefit the 
     County and all of the United States by--
       (A) ensuring the conservation of ecologically diverse 
     habitat;
       (B) protecting prehistoric cultural resources;
       (C) conserving primitive recreational resources; and
       (D) protecting air and water quality.

     SEC. 112. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.

     SEC. 113. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--The following land in the State is 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Mormon mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 157,938

[[Page 23805]]

     acres, as generally depicted on the map entitled ``Southern 
     Lincoln County Wilderness Map'', dated October 1, 2004, which 
     shall be known as the ``Mormon Mountains Wilderness''.
       (2) Meadow valley range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 123,488 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Meadow Valley 
     Range Wilderness''.
       (3) Delamar mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 111,328 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Delamar 
     Mountains Wilderness''.
       (4) Clover mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 85,748 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Clover 
     Mountains Wilderness''.
       (5) South pahroc range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 25,800 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``South Pahroc 
     Range Wilderness''.
       (6) Worthington mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,664 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Worthington 
     Mountains Wilderness''.
       (7) Weepah spring wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     51,480 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Weepah Spring 
     Wilderness''.
       (8) Parsnip peak wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     43,693 acres, as generally depicted on the map entitled 
     ``Northern Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Parsnip Peak 
     Wilderness''.
       (9) White rock range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 24,413 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``White Rock 
     Range Wilderness''.
       (10) Fortification range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,656 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Fortification 
     Range Wilderness''.
       (11) Far south egans wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 36,384 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Far South 
     Egans Wilderness''.
       (12) Tunnel spring wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 5,371 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Tunnel Spring 
     Wilderness''.
       (13) Big Rocks Wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     12,997 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Big Rocks Wilderness''.
       (14) Mt. Irish Wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     28,334 acres, as generally depicted on the map entitled 
     ''Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ''Mt. Irish Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area designated by subsection (a) that is bordered by a road 
     shall be at least 100 feet from the edge 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 shall file a map and 
     legal description of each wilderness area designated by 
     subsection (a) with the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (2) Effect.--Each map and legal description shall have the 
     same force and effect as if included in this section, except 
     that the Secretary may correct clerical and typographical 
     errors in the map or legal description.
       (3) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) 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) operation of the mineral leasing and geothermal leasing 
     laws.

     SEC. 114. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this title shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of the 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.--Within the wilderness areas designated 
     under this title that are administered by the Bureau of Land 
     Management, the grazing of livestock in areas in which 
     grazing is established as of the date of enactment of this 
     Act shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices that the Secretary 
     considers necessary, consistent with section 4(d)(4) of the 
     Wilderness Act (16 U.S.C. 1133(d)(4)), including the 
     guidelines set forth in Appendix A of House Report 101-405.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of an area 
     designated as wilderness by this title that is acquired by 
     the United States after the date of the enactment of this Act 
     shall be added to and administered as part of the wilderness 
     area within which the acquired land or interest is located.
       (d) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as Wilderness by this title is 
     within the Northern Mojave and Great Basin Deserts, is arid 
     in nature, and includes ephemeral streams;
       (B) the hydrology of the land designated as wilderness by 
     this title is predominantly characterized by complex flow 
     patterns and alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region is 
     characterized by ground water subject to local and regional 
     flow gradients and unconfined and artesian conditions;
       (D) the land designated as wilderness by this title is 
     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 designated as wilderness by this title, it is 
     possible to provide for proper management and protection of 
     the wilderness and other values of lands in ways different 
     from those used in other legislation.
       (2) Statutory construction.--Nothing in this title--
       (A) shall constitute or be construed to constitute either 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     wilderness by this title;
       (B) shall affect any water rights in the State existing on 
     the date of the enactment of this Act, including any water 
     rights held by the United States;
       (C) shall be construed as establishing a precedent with 
     regard to any future wilderness designations;
       (D) shall affect the interpretation of, or any designation 
     made pursuant to, any other Act; or
       (E) shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State and other States.
       (3) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State 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 designated by this title.
       (4) New projects.--
       (A) Water resource facility.--As used in this paragraph, 
     the term ``water resource facility''--
       (i) means irrigation and pumping facilities, reservoirs, 
     water conservation works, aqueducts, canals, ditches, 
     pipelines, wells, hydropower projects, and transmission and 
     other ancillary facilities, and other water diversion, 
     storage, and carriage structures; and
       (ii) does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this Act, on and after the date of 
     the enactment of this Act, neither the President nor any 
     other officer, employee, or agent of the United States shall 
     fund, assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness areas designated by this Act.

     SEC. 115. ADJACENT MANAGEMENT.

       (a) In General.--Congress does not intend for the 
     designation of wilderness in the State pursuant to this title 
     to lead to the creation of protective perimeters or buffer 
     zones around any such wilderness area.
       (b) Nonwilderness Activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness designated under this title shall not preclude the 
     conduct of those activities or uses outside the boundary of 
     the wilderness area.

     SEC. 116. MILITARY OVERFLIGHTS.

       Nothing in this title restricts or precludes--

[[Page 23806]]

       (1) low-level overflights of military aircraft over the 
     areas designated as wilderness by this title, 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.

     SEC. 117. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this title shall be construed to diminish the 
     rights of any Indian tribe. Nothing in this title shall be 
     construed to diminish tribal rights regarding access to 
     Federal land for tribal activities, including spiritual, 
     cultural, and traditional food-gathering activities.

     SEC. 118. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the public land in the County 
     administered by the Bureau of Land Management in the 
     following areas has been adequately studied for wilderness 
     designation:
       (1) The Table Mountain Wilderness Study Area.
       (2) Evergreen A, B, and C Wilderness Study Areas.
       (3) Any portion of the wilderness study areas--
       (A) not designated as wilderness by section 114(a); and
       (B) depicted as released on--
       (i) the map entitled ``Northern Lincoln County Wilderness 
     Map'' and dated October 1, 2004;
       (ii) the map entitled ``Southern Lincoln County Wilderness 
     Map'' and dated October 1, 2004; or
       (iii) the map entitled ``Western Lincoln County Wilderness 
     Map'' and dated October 1, 2004.
       (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));
       (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. 119. 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 designated by this title.
       (b) Management Activities.--In furtherance of the purposes 
     and principles of the Wilderness Act, management activities 
     to maintain or restore fish and wildlife populations and the 
     habitats to support such populations may be carried out 
     within wilderness areas designated by this title where 
     consistent with relevant wilderness management plans, in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of House Report 101-405, including the 
     occasional and temporary use of motorized vehicles, if such 
     use, as determined by the Secretary, would promote healthy, 
     viable, and more naturally distributed wildlife populations 
     that would enhance wilderness values and accomplish those 
     purposes with the minimum impact necessary to reasonably 
     accomplish the task.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)) and in accordance 
     with appropriate policies such as those set forth in Appendix 
     B of House Report 101-405, the State may continue to use 
     aircraft, including helicopters, to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, 
     horses, and burros.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas designated by this Act 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.--In consultation with 
     the appropriate State agency (except in emergencies), the 
     Secretary may designate by regulation areas in which, and 
     establish periods during which, for reasons of public safety, 
     administration, or compliance with applicable laws, no 
     hunting, fishing, or trapping will be permitted in the 
     wilderness areas designated by this Act.
       (f) Cooperative Agreement.--The terms and conditions under 
     which the State, including a designee of the State, may 
     conduct wildlife management activities in the wilderness 
     areas designated by this title are 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 that document agreed upon by the 
     Secretary and the State and subject to all applicable laws 
     and regulations. Any references to Clark County in that 
     document shall also be deemed to be referred to and shall 
     apply to Lincoln County, Nevada.

     SEC. 120. WILDFIRE MANAGEMENT.

       Consistent with section 4 of the Wilderness Act (16 U.S.C. 
     1133), nothing in this title precludes a Federal, State, or 
     local agency from conducting wildfire management operations 
     (including operations using aircraft or mechanized equipment) 
     to manage wildfires in the wilderness areas designated by 
     this title.

     SEC. 121. CLIMATOLOGICAL DATA COLLECTION.

       Subject to such terms and conditions as the Secretary may 
     prescribe, nothing in this title precludes the installation 
     and maintenance of hydrologic, meteorologic, or 
     climatological collection devices in the wilderness areas 
     designated by this title if the facilities and access to the 
     facilities are essential to flood warning, flood control, and 
     water reservoir operation activities.

                      TITLE III--UTILITY CORRIDORS

     SEC. 131. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

       (a) Utility Corridor.--
       (1) In general.--Consistent with title II and 
     notwithstanding sections 202 and 503 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1711, 1763), the 
     Secretary of the Interior (referred to in this section as the 
     ``Secretary'') shall establish on public land a 2,640-foot 
     wide corridor for utilities in Lincoln County and Clark 
     County, Nevada, as generally depicted on the map entitled 
     ``Lincoln County Conservation, Recreation, and Development 
     Act'', and dated October 1, 2004.
       (2) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (b) Rights-of-Way.--
       (1) In general.--Notwithstanding sections 202 and 503 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1763), and subject to valid and existing rights, the 
     Secretary shall grant to the Southern Nevada Water Authority 
     and the Lincoln County Water District nonexclusive rights-of-
     way to Federal land in Lincoln County and Clark County, 
     Nevada, for any roads, wells, well fields, pipes, pipelines, 
     pump stations, storage facilities, or other facilities and 
     systems that are necessary for the construction and operation 
     of a water conveyance system, as depicted on the map.
       (2) Applicable law.--A right-of-way granted under paragraph 
     (1) shall be granted in perpetuity and shall not require the 
     payment of rental.
       (3) Compliance with nepa.--Before granting a right-of-way 
     under paragraph (1), the Secretary shall comply with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including the identification and consideration of 
     potential impacts to fish and wildlife resources and habitat.
       (c) Withdrawal.--Subject to valid existing rights, the 
     utility corridors designated by subsection (a) 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) operation of the mineral leasing and geothermal leasing 
     laws.
       (d) State Water Law.--Nothing in this title shall--
       (1) prejudice the decisions or abrogate the jurisdiction of 
     the Nevada or Utah State Engineers with respect to the 
     appropriation, permitting, certification, or adjudication of 
     water rights;
       (2) preempt Nevada or Utah State water law; or
       (3) limit or supersede existing water rights or interest in 
     water rights under Nevada or Utah State law.
       (e) Water Resources Study.--
       (1) In general.--The Secretary, acting through the United 
     States Geological Survey, the Desert Research Institute, and 
     a designee from the State of Utah shall conduct a study to 
     investigate ground water quantity, quality, and flow 
     characteristics in the deep carbonate and alluvial aquifers 
     of White Pine County, Nevada, and any groundwater basins that 
     are located in White Pine County, Nevada, or Lincoln County, 
     Nevada, and adjacent areas in Utah. The study shall--
       (A) focus on a review of existing data and may include new 
     data;
       (B) determine the approximate volume of water stored in 
     aquifers in those areas;
       (C) determine the discharge and recharge characteristics of 
     each aquifer system;
       (D) determine the hydrogeologic and other controls that 
     govern the discharge and recharge of each aquifer system; and
       (E) develop maps at a consistent scale depicting aquifer 
     systems and the recharge and discharge areas of such systems.
       (2) Timing; availability.--The Secretary shall complete a 
     draft of the water resources report required under paragraph 
     (1) not later than 30 months after the date of the enactment 
     of this Act. The Secretary shall then make the draft report 
     available for public comment for a period of not less than 60 
     days. The final report shall be submitted to the Committee on 
     Resources in the House of Representatives and the

[[Page 23807]]

     Committee on Energy and Natural Resources in the Senate and 
     made available to the public not later than 36 months after 
     the date of the enactment of this Act.
       (3) Agreement.--Prior to any transbasin diversion from 
     ground-water basins located within both the State of Nevada 
     and the State of Utah, the State of Nevada and the State of 
     Utah shall reach an agreement regarding the division of water 
     resources of those interstate ground-water flow system(s) 
     from which water will be diverted and used by the project. 
     The agreement shall allow for the maximum sustainable 
     beneficial use of the water resources and protect existing 
     water rights.
       (4) Funding.--Section 4(e)(3)(A) of the Southern Nevada 
     Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 
     2007; 117 Stat. 1317) is amended--
       (A) in clauses (ii), (iv), and (v), by striking ``County'' 
     each place it appears and inserting ``and Lincoln Counties'';
       (B) in clause (vi), by striking ``and'' at the end;
       (C) by redesignating clause (vii) as clause (viii); and
       (D) by inserting after clause (vi) the following:
       ``(vii) for development of a water study for Lincoln and 
     White Pine Counties, Nevada, in an amount not to exceed 
     $6,000,000; and''.

     SEC. 132. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS 
                   LOCATED IN CLARK AND LINCOLN COUNTIES IN THE 
                   STATE OF NEVADA.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the land 
     exchange agreement between Aerojet-General Corporation and 
     the United States, dated July 14, 1988.
       (2) Corridor.--The term ``corridor'' means--
       (A) the right-of-way corridor that is--
       (i) identified in section 5(b)(1) of the Nevada-Florida 
     Land Exchange Authorization Act of 1988 (102 Stat. 55); and
       (ii) described in section 14(a) of the Agreement;
       (B) such portion of the utility corridor identified in the 
     1988 Las Vegas Resource Management Plan located south of the 
     boundary of the corridor described in subparagraph (A) as is 
     necessary to relocate the right-of-way corridor to the area 
     described in subsection (c)(2); and
       (C) such portion of the utility corridor identified in the 
     2000 Caliente Management Framework Plan Amendment located 
     north of the boundary of the corridor described in 
     subparagraph (A) as is necessary to relocate the right-of-way 
     corridor to the area described in subsection (c)(2).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Relinquishment and Fair Market Value.--
       (1) In general.--The Secretary shall, in accordance with 
     this section, relinquish all right, title, and interest of 
     the United States in and to the corridor on receipt of a 
     payment in an amount equal to the fair market value of the 
     corridor (plus any costs relating to the right-of-way 
     relocation described in this title).
       (2) Fair market value.--
       (A) The fair market value of the corridor shall be equal to 
     the amount by which the value of the discount described in 
     the 1988 appraisal of the corridor that was applied to the 
     land underlying the corridor has increased, as determined by 
     the Secretary using the multiplier determined under 
     subparagraph (B).
       (B) Not later than 60 days after the date of the enactment 
     of this Act, the Appraisal Services Directorate of the 
     Department of the Interior shall determine an appropriate 
     multiplier to reflect the change in the value of the land 
     underlying the corridor between--
       (i) the date of which the corridor was transferred in 
     accordance with the Agreement; and
       (ii) the date of enactment of this Act.
       (3) Proceeds.--Proceeds under this subsection shall be 
     deposited in the account established under section 103(b)(3)
       (c) Relocation.--
       (1) In general.--The Secretary shall relocate to the area 
     described in paragraph (2), the portion of IDI-26446 and UTU-
     73363 identified as NVN-49781 that is located in the corridor 
     relinquished under subsection (b)(1).
       (2) Description of area.--The area referred to in paragraph 
     (1) is the area located on public land west of United States 
     Route 93.
       (3) Requirements.--The relocation under paragraph (1) shall 
     be conducted in a manner that--
       (A) minimizes engineering design changes; and
       (B) maintains a gradual and smooth interconnection of the 
     corridor with the area described in paragraph (2).
       (4) Authorized uses.--The Secretary may authorize the 
     location of any above ground or underground utility facility, 
     transmission lines, gas pipelines, natural gas pipelines, 
     fiber optics, telecommunications, water lines, wells 
     (including monitoring wells), cable television, and any 
     related appurtenances in the area described in paragraph (1).
       (d) Effect.--The relocation of the corridor under this 
     section shall not require the Secretary to update the 1998 
     Las Vegas Valley Resource Management Plan or the 2000 
     Caliente Management Framework Plan Amendment.
       (e) Waiver of Certain Requirements.--The Secretary shall 
     waive the requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) that would 
     otherwise be applicable to the holders of the right-of-way 
     corridor described in subsection (a)(2)(A) with respect to an 
     amendment to the legal description of the right-of-way 
     corridor.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

     SEC. 141. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Map.--The term ``Map'' means the map entitled ``Lincoln 
     County Conservation, Recreation and Development Act Map'' and 
     dated October 1, 2004.
       (3) Trail.--The term ``Trail'' means the system of trails 
     designated in subsection (b) as the Silver State Off-Highway 
     Vehicle Trail.
       (b) Designation.--The trails that are generally depicted on 
     the Map are hereby designated as the ``Silver State Off-
     Highway Vehicle Trail''.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Trail in a 
     manner that--
       (A) is consistent with motorized and mechanized use of the 
     Trail that is authorized on the date of the enactment of this 
     Act pursuant to applicable Federal and State laws and 
     regulations;
       (B) ensures the safety of the people who use the Trail; and
       (C) does not damage sensitive habitat or cultural 
     resources.
       (2) Management plan.--
       (A) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the State, the County, and any other interested persons, 
     shall complete a management plan for the Trail.
       (B) Components.--The management plan shall--
       (i) describe the appropriate uses and management of the 
     Trail;
       (ii) authorize the use of motorized and mechanized vehicles 
     on the Trail; and
       (iii) describe actions carried out to periodically evaluate 
     and manage the appropriate levels of use and location of the 
     Trail to minimize environmental impacts and prevent damage to 
     cultural resources from the use of the Trail.
       (3) Monitoring and evaluation.--
       (A) Annual assessment.--The Secretary shall annually assess 
     the effects of the use of off-highway vehicles on the Trail 
     and, in consultation with the Nevada Division of Wildlife, 
     assess the effects of the Trail on wildlife and wildlife 
     habitat to minimize environmental impacts and prevent damage 
     to cultural resources from the use of the Trail.
       (B) Closure.--The Secretary, in consultation with the State 
     and the County, may temporarily close or permanently reroute, 
     subject to subparagraph (C), a portion of the Trail if the 
     Secretary determines that--
       (i) the Trail is having an adverse impact on--

       (I) natural resources; or
       (II) cultural resources;

       (ii) the Trail threatens public safety;
       (iii) closure of the Trail is necessary to repair damage to 
     the Trail; or
       (iv) closure of the Trail is necessary to repair resource 
     damage.
       (C) Rerouting.--Portions of the Trail that are temporarily 
     closed may be permanently rerouted along existing roads and 
     trails on public lands currently open to motorized use if the 
     Secretary determines that such rerouting will not 
     significantly increase or decrease the length of the Trail.
       (D) Notice.--The Secretary shall provide information to the 
     public regarding any routes on the Trail that are closed 
     under subparagraph (B), including by providing appropriate 
     signage along the Trail.
       (4) Notice of open routes.--The Secretary shall ensure that 
     visitors to the Trail have access to adequate notice 
     regarding the routes on the Trail that are open through use 
     of appropriate signage along the Trail and through the 
     distribution of maps, safety education materials, and other 
     information considered appropriate by the Secretary.
       (d) No Effect on Non-Federal Land and Interests in Land.--
     Nothing in this section shall be construed to affect 
     ownership, management, or other rights related to non-Federal 
     land or interests in land.
       (e) Map on File.--The Map shall be kept on file at the 
     appropriate offices of the Secretary.

                       TITLE V--OPEN SPACE PARKS

     SEC. 151. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, 
                   NEVADA.

       (a) Conveyance.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1171, 1712), not later than 1 year after lands are identified 
     by the County, the Secretary shall convey to the County, 
     subject to valid existing rights, for no consideration, all 
     right title, and interest of the United States in and to the 
     parcels of land described in subsection (b).
       (b) Description of Land.--Up to 15,000 acres of Bureau of 
     Land Management-managed public land in Lincoln County 
     identified by the county in consultation with the Bureau of 
     Land Management.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the County, or in 
     accordance with section 103(b)(2) of this Act.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the County 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.

[[Page 23808]]

       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

     SEC. 152. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

       (a) Conveyance.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
     Secretary shall convey to the State of Nevada, subject to 
     valid existing rights, for no consideration, all right, 
     title, and interest of the United States in and to the 
     parcels of land described in subsection (b), if there is a 
     written agreement between the State and Lincoln County, 
     Nevada, supporting such a conveyance.
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) are the parcels of land depicted as ``NV 
     St. Park Expansion Proposal'' on the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the State.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the State 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.
       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

                    TITLE VI--JURISDICTION TRANSFER

     SEC. 161. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE 
                   FISH AND WILDLIFE SERVICE AND THE BUREAU OF 
                   LAND MANAGEMENT.

       (a) In General.--Administrative jurisdiction over the land 
     described in subsection (b) is transferred from the United 
     States Bureau of Land Management to the United States Fish 
     and Wildlife Service for inclusion in the Desert National 
     Wildlife Range and the administrative jurisdiction over the 
     land described in subsection (c) is transferred from the 
     United States Fish and Wildlife Service to the United States 
     Bureau of Land Management.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,503 acres of land 
     administered by the United States Bureau of Land Management 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Fish and 
     Wildlife Service'' and dated October 1, 2004.
       (c) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,382 acres of land 
     administered by the United States Fish and Wildlife Service 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Bureau of Land 
     Management'' and dated October 1, 2004.
       (d) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Station of the Bureau of Land Management;
       (4) the Caliente Field Office of the Bureau of Land 
     Management;
       (5) the Office of the Director of the United States Fish 
     and Wildlife Service; and
       (6) the Office of the Desert National Wildlife Complex.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4593.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4593 introduced by me and passed in this House on 
October 4, 2004, was subsequently amended and passed by the Senate.
  H.R. 4593 is a broad and complex piece of legislation that, among 
other things, responsibly deals with the issues of wilderness in 
Lincoln County, Nevada, through both codification and release of lands 
currently being managed as wilderness study areas. The bill would also 
create a 260-mile off-highway vehicle trail, establish roughly 450 
miles of utility corridors within the County, and privatize roughly 
90,000 acres of public land deemed disposable by the Bureau of Land 
Management within the County, while conveying roughly 15,000 acres of 
public land to the State and Lincoln County for use as parks and open 
space. It is important to note that this proposal enjoys the support of 
the entire Nevada Congressional delegation and is the product of 
exhaustive public participation, which is vital in a comprehensive bill 
such as this.
  I urge my colleagues to adopt this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4593 has been returned to the House with Senate 
amendments that both add and detract from the bill that originally 
passed the House last month. The additions to the bill involve 
modifications that the Senate made to the Lincoln County, Nevada, 
public land provisions. These changes bring the bill's language more in 
line with what has been done previously on public land sales in Nevada.
  This refinement has been tempered, however, by the fact that the 
Senate deleted the designation of the Ojito wilderness in New Mexico 
that was included in the original House-passed version of H.R. 4593. 
The gentleman from New Mexico (Mr. Udall), the sponsor of the Ojito 
wilderness language, had developed a bipartisan proposal that has 
significant local, State and national support, and it is regrettable 
that his language is not this bill before us today.
  Mr. Speaker, the amendments made by the Senate to the Lincoln County 
public lands provisions are an improvement, and notwithstanding the 
dropping of the Ojito wilderness land designation, we have no objection 
to the consideration of H.R. 4593 by the House today.
  Mr. Speaker, I yield such time as she might consume to the 
gentlewoman from Nevada (Ms. Berkley).
  Ms. BERKLEY. Mr. Speaker, I would like to thank the Congresswoman for 
her courtesy and her help with this legislation.
  I rise today in strong support of the Lincoln County Conservation, 
Recreation, and Development Act of 2004. I would like to thank Senator 
Reid and Senator Ensign and my House colleagues, the gentleman from 
Nevada (Mr. Gibbons), and the gentleman from Nevada (Mr. Porter) for 
their tireless efforts in reaching a compromise on this bipartisan 
legislation that is important to all Nevadans.
  I would also like to thank the gentleman from California (Mr. Pombo) 
for his leadership and especially acknowledge the gentleman from West 
Virginia (Mr. Rahall), a truly good friend who worked with the Nevada 
delegation to reach this compromise.
  The Nevada delegation worked diligently with the people of Lincoln 
County, the environmental community, wilderness groups, ranchers and 
officials in southern Nevada to carefully craft this piece of 
legislation. While every group did not get every provision they wanted 
in the bill, this is a compromise we are all proud of.
  This bill is well-balanced. It will help Lincoln County flourish and 
create economic opportunities for its citizens. Lincoln County 
officials and residents will be able to develop their community and 
expand their financial base. Protecting Nevada's environment is very 
important to me, and this allows for development without jeopardizing 
Nevada's precious resources.
  The Federal Government owns over 98 percent of the land in Lincoln 
County. This restricts vital economic growth for the area. Allowing for 
private development will give the people of Lincoln County a way to 
increase prosperity for themselves and their children.

[[Page 23809]]

  The Bureau of Land Management will only auction off approved lands. 
Lincoln County will use the proceeds from land sales to preserve parks, 
trails and natural resources Nevadans utilize and the natural beauty 
Nevadans have grown to love.
  Nearly 770,000 acres of land will be designated as wilderness. This 
will protect treasured sites important to Native Americans in Nevada 
and rich in archaeological artifacts such as petroglyphs. The Nevada 
desert is also home to many species of wildlife, such as the sage 
grouse and desert tortoise.
  Nevada is facing an unprecedented challenge as a result of a 5-year 
drought affecting the Colorado River Basin. This bill provides for 
additional water resources in southern Nevada which are desperately 
needed.
  I urge all of my colleagues to support this legislation. I appreciate 
their support and their help.
  Mr. PORTER. Mr. Speaker, I rise today to speak in support of H.R. 
4593, the Lincoln County Conservation, Recreation, and Development Act 
of 2004.
  I appreciate the opportunity to speak in favor of this valuable 
legislation and I am proud to be an original co-sponsor.
  I applaud the local governments of Clark and Lincoln Counties along 
with the Nevada Delegation and local officials that have helped with 
this collaborative legislation.
  This is the result of many years of work with many parties and I am 
proud to be part of this legislation.
  H.R. 4593 represents an important compromise between the Department 
of Interior and the State of Nevada. It enjoys strong bipartisan 
support from the entire Nevada Congressional Delegation.
  Nevada's Third District, located in Clark County, is one of the 
fastest growing areas in the country. The growth has provided many 
positive opportunities for jobs and created a strong economic climate, 
but it has also placed an increased strain on our water supply and 
resources.
  The fact is, the State of Nevada, and my congressional district in 
particular, continue to lead the Nation in population growth, yet we 
have access to the smallest water allocation of the seven States using 
the Colorado River.
  As drought continues in the West and our State continues to grow, the 
development of in-state water resources grows increasingly important.
  This new legislation will help the development and economy of both 
Lincoln and Clark Counties while continuing to preserve and protect 
Nevada's precious lands.
  It will help us maintain a balance between land management and public 
use.
  In Clark County we have enjoyed the benefits of improved parks, 
trails, and recreational areas using the proceeds from Federal land 
sales.
  H.R. 4593 would provide similar opportunities for Lincoln County, 
located just north of Clark County. It offers a comprehensive plan that 
will contribute to the proposed development of Nevada's in-state 
resources intended to diversify southern Nevada's water supply and 
supplement the area's water entitlement from the Colorado River.
  This legislation will help to expedite a solution to southern 
Nevada's current water situation without compromising public 
involvement and environmental compliance.
  H.R. 4593 will also create utility corridors, resolve wilderness 
study issues, provide for competitive Federal land sales, and provide 
for the conveyance of Federal land to the State of Nevada and Lincoln 
County for use as public parks.
  For the past decade Clark County's use of the Colorado River and an 
emphasis on water conservation have helped us in southern Nevada 
balance our growth and our need for water; however, as we plan for the 
future we realize we need additional water resources and planning.
  I would like to urge my colleagues in the House to support this 
important bipartisan legislation and join with me in voting for this 
amendment.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 4593.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

                          ____________________