[Congressional Record (Bound Edition), Volume 161 (2015), Part 1]
[Senate]
[Pages 785-791]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself and Mr. Franken):
  S. 194. A bill to amend title 11 of the United States Code to clarify 
the rule allowing discharge as a nonpriority claim of governmental 
claims arising from the disposition of farm assets under chapter 12 
bankruptcies; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I rise today to introduce, along with 
Senator Franken, the Family Farmer Bankruptcy Clarification Act of 
2015. I thank Senator Franken for his work on this bill and for his 
support. We introduced identical legislation in the 113th Congress and 
similar legislation in the 112 Congress. Unfortunately, the Senate has 
never had the opportunity to consider these bills and the problem we 
seek to correct.
  This bipartisan bill addresses the 2012 United States Supreme Court 
case Hall v. United States. In a 5-4 decision, the Supreme Court ruled 
that a provision I inserted into the 2005 Bankruptcy Abuse Prevention 
and Consumer Protection Act didn't accomplish what we in Congress 
intended. The Family Farmer Bankruptcy Clarification Act of 2015 
corrects this and clarifies that bankrupt family farmers reorganizing 
their debts are able to treat capital gains taxes owed to a 
governmental unit, arising from the sale of farm assets during a 
bankruptcy, as general unsecured claims. This bill will remove the 
Internal Revenue Service's veto power over a bankruptcy reorganization 
plan's confirmation, giving the family farmer a chance to reorganize 
successfully.
  In 1986 Congress enacted Chapter 12 of the Bankruptcy Code to provide 
a specialized bankruptcy process for family farmers. In 2005 Chapter 12 
was made permanent. Between 1986 and 2005 we learned what aspects 
worked and didn't work for family farmers reorganizing in bankruptcy. 
One problematic area was where a family farmer needed to sell assets in 
order to generate cash for the reorganization. Specifically, a family 
farmer would have to sell portions of the farm to generate cash to fund 
a reorganization plan so that the creditors could receive payment. 
Unfortunately, in situations like this, the family farmer is selling 
land that has been owned for a very long time, with a very low cost 
basis. Thus, when the land is sold, the family farmer is hit with a 
substantial capital gains tax,

[[Page 786]]

which is owed to the Internal Revenue Service.
  Under the Bankruptcy Code, taxes owed to the Internal Revenue Service 
receive priority treatment. Holders of priority claims must receive 
payment in full, unless the claim holder agrees to be treated 
differently. This creates problems for the family farmer who needs the 
cash to pay creditors to reorganize. However, since the Internal 
Revenue Service has the ability to require full payment, they hold veto 
power over a plan's confirmation, which means in many instances the 
plan will not be confirmed. This does not make sense if the goal is to 
give the family farmer a fresh start. Thus, in 2005 Congress said that 
in these limited situations, the taxes owed to the Internal Revenue 
Service would be stripped of their priority and treated as general 
unsecured debt. This removed the government's veto power over plan 
confirmation and paved the way for family farmers to reorganize.
  Unfortunately, in Hall v. United States, the Supreme Court ruled that 
despite Congress's express goal of helping family farmers, the language 
inserted into the Bankruptcy Code in 2005 conflicted with the Tax Code. 
The Hall case was one of statutory interpretation. There is no question 
what Congress was trying to do; rather, did Congress use the correct 
language? My goal, along with others at the time, was to relieve family 
farmers from having their reorganization plans fail because of huge tax 
liabilities to the Federal Government. Justice Breyer noted this in the 
dissent: ``Congress was concerned about the effect on the farmer of 
collecting capital gains tax debts that arose during (and were 
connected with) the Chapter 12 proceedings themselves. . . . The 
majority does not deny the importance of Congress' objective. Rather, 
it feels compelled to hold that Congress put the Amendment in the wrong 
place.'' Hall v. United States, 132 S.Ct. 1882, 1897, 2012.
  As a result of the Hall case, family farmers facing bankruptcy now 
find themselves caught in a tough spot. The rules have now been changed 
and must be corrected in order to provide certainty and clarity in the 
law. The Family Farmer Bankruptcy Clarification Act of 2015 will 
provide the clarity needed to help family farmers.
  This bill adds a new section 1232 to title 11 of the United States 
Code. This new section, along with other conforming changes to the 
Bankruptcy Code, gives guidance and certainty to debtors, 
practitioners, and courts as to how these claims are to be treated 
during bankruptcy. I am pleased that the bill we are introducing today 
will help family farmers who are facing hard times. The Family Farmer 
Bankruptcy Clarification Act of 2015 ensures that what Congress sought 
to do in 2005 actually occurs. In the wake of the Hall decision, this 
bill is needed in order to help family farmers reorganize successfully.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 194

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family Farmer Bankruptcy 
     Clarification Act of 2015''.

     SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO 
                   GOVERNMENTAL CLAIMS ARISING FROM THE 
                   DISPOSITION OF FARM ASSETS UNDER CHAPTER 12 
                   BANKRUPTCIES.

       (a) In General.--Subchapter II of chapter 12 of title 11, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1232. Claim by a governmental unit based on the 
       disposition of property used in a farming operation

       ``(a) Any unsecured claim of a governmental unit against 
     the debtor or the estate that arises before the filing of the 
     petition, or that arises after the filing of the petition and 
     before the debtor's discharge under section 1228, as a result 
     of the sale, transfer, exchange, or other disposition of any 
     property used in the debtor's farming operation--
       ``(1) shall be treated as an unsecured claim arising before 
     the date on which the petition is filed;
       ``(2) shall not be entitled to priority under section 507;
       ``(3) shall be provided for under a plan; and
       ``(4) shall be discharged in accordance with section 1228.
       ``(b) For purposes of applying sections 1225(a)(4), 
     1228(b)(2), and 1229(b)(1) to a claim described in subsection 
     (a) of this section, the amount that would be paid on such 
     claim if the estate of the debtor were liquidated in a case 
     under chapter 7 of this title shall be the amount that would 
     be paid by the estate in a chapter 7 case if the claim were 
     an unsecured claim arising before the date on which the 
     petition was filed and were not entitled to priority under 
     section 507.
       ``(c) For purposes of applying sections 523(a), 1228(a)(2), 
     and 1228(c)(2) to a claim described in subsection (a) of this 
     section, the claim shall not be treated as a claim of a kind 
     specified in section 523(a)(1).
       ``(d)(1) A governmental unit may file a proof of claim for 
     a claim described in subsection (a) that arises after the 
     date on which the petition is filed.
       ``(2) If a debtor files a tax return after the filing of 
     the petition for a period in which a claim described in 
     subsection (a) arises, and the claim relates to the tax 
     return, the debtor shall serve notice of the claim on the 
     governmental unit charged with the responsibility for the 
     collection of the tax at the address and in the manner 
     designated in section 505(b)(1). Notice under this paragraph 
     shall state that the debtor has filed a petition under this 
     chapter, state the name and location of the court in which 
     the case under this chapter is pending, state the amount of 
     the claim, and include a copy of the filed tax return and 
     documentation supporting the calculation of the claim.
       ``(3) If notice of a claim has been served on the 
     governmental unit in accordance with paragraph (2), the 
     governmental unit may file a proof of claim not later than 
     180 days after the date on which such notice was served. If 
     the governmental unit has not filed a timely proof of the 
     claim, the debtor or trustee may file proof of the claim that 
     is consistent with the notice served under paragraph (2). If 
     a proof of claim is filed by the debtor or trustee under this 
     paragraph, the governmental unit may not amend the proof of 
     claim.
       ``(4) A claim filed under this subsection shall be 
     determined and shall be allowed under subsection (a), (b), or 
     (c) of section 502, or disallowed under subsection (d) or (e) 
     of section 502, in the same manner as if the claim had arisen 
     immediately before the date of the filing of the petition.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Subchapter II of chapter 12 of title 11, 
     United States Code, is amended--
       (A) in section 1222(a)--
       (i) in paragraph (2), by striking ``unless--'' and all that 
     follows through ``the holder'' and inserting ``unless the 
     holder'';
       (ii) in paragraph (3), by striking ``and'' at the end;
       (iii) in paragraph (4), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(5) subject to section 1232, provide for the treatment of 
     any claim by a governmental unit of a kind described in 
     section 1232(a).'';
       (B) in section 1228--
       (i) in subsection (a)--

       (I) in the matter preceding paragraph (1)--

       (aa) by inserting a comma after ``all debts provided for by 
     the plan''; and
       (bb) by inserting a comma after ``allowed under section 503 
     of this title''; and

       (II) in paragraph (2), by striking ``the kind'' and all 
     that follows and inserting ``a kind specified in section 
     523(a) of this title, except as provided in section 
     1232(c).''; and

       (ii) in subsection (c)(2), by inserting ``, except as 
     provided in section 1232(c)'' before the period at the end; 
     and
       (C) in section 1229(a)--
       (i) in paragraph (2), by striking ``or'' at the end;
       (ii) in paragraph (3), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(4) provide for the payment of a claim described in 
     section 1232(a) that arose after the date on which the 
     petition was filed.''.
       (2) Table of sections.--The table of sections for 
     subchapter II of chapter 12 of title 11, United States Code, 
     is amended by adding at the end the following:

``1232. Claim by a governmental unit based on the disposition of 
              property used in a farming operation.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any bankruptcy case that--
       (1) is pending on the date of enactment of this Act and 
     relating to which an order of discharge under section 1228 of 
     title 11, United States Code, has not been entered; or
       (2) commences on or after the date of enactment of this 
     Act.
                                 ______
                                 
      By Mr. REID:
  S. 196. A bill to provide for the withdrawal of certain Federal land 
in Garden Valley, Nevada; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.

[[Page 787]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 196

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Garden Valley Withdrawal 
     Act''.

     SEC. 2. GARDEN VALLEY, NEVADA, WITHDRAWAL.

       Subject to valid existing rights in existence on the date 
     of enactment of this Act, the approximately 805,100 acres of 
     Federal land generally depicted on the map entitled ``Garden 
     Valley Withdrawal Area'' and dated July 11, 2014, is 
     withdrawn from--
       (1) entry, appropriation, and disposal under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Reed, Mr. Whitehouse, Ms. Warren, 
        Ms. Hirono, Mr. Franken, Mrs. Feinstein, and Mrs. Boxer):
  S. 198. A bill to amend the Internal Revenue Code of 1986 to modify 
the rules relating to inverted corporations; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 198

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stop Corporate Inversions 
     Act of 2015''.

     SEC. 2. MODIFICATIONS TO RULES RELATING TO INVERTED 
                   CORPORATIONS.

       (a) In General.--Subsection (b) of section 7874 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Inverted Corporations Treated as Domestic 
     Corporations.--
       ``(1) In general.--Notwithstanding section 7701(a)(4), a 
     foreign corporation shall be treated for purposes of this 
     title as a domestic corporation if--
       ``(A) such corporation would be a surrogate foreign 
     corporation if subsection (a)(2) were applied by substituting 
     `80 percent' for `60 percent', or
       ``(B) such corporation is an inverted domestic corporation.
       ``(2) Inverted domestic corporation.--For purposes of this 
     subsection, a foreign corporation shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       ``(A) the entity completes after May 8, 2014, the direct or 
     indirect acquisition of--
       ``(i) substantially all of the properties held directly or 
     indirectly by a domestic corporation, or
       ``(ii) substantially all of the assets of, or substantially 
     all of the properties constituting a trade or business of, a 
     domestic partnership, and
       ``(B) after the acquisition, either--
       ``(i) more than 50 percent of the stock (by vote or value) 
     of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership, or

       ``(ii) the management and control of the expanded 
     affiliated group which includes the entity occurs, directly 
     or indirectly, primarily within the United States, and such 
     expanded affiliated group has significant domestic business 
     activities.
       ``(3) Exception for corporations with substantial business 
     activities in foreign country of organization.--A foreign 
     corporation described in paragraph (2) shall not be treated 
     as an inverted domestic corporation if after the acquisition 
     the expanded affiliated group which includes the entity has 
     substantial business activities in the foreign country in 
     which or under the law of which the entity is created or 
     organized when compared to the total business activities of 
     such expanded affiliated group. For purposes of subsection 
     (a)(2)(B)(iii) and the preceding sentence, the term 
     `substantial business activities' shall have the meaning 
     given such term under regulations in effect on May 8, 2014, 
     except that the Secretary may issue regulations increasing 
     the threshold percent in any of the tests under such 
     regulations for determining if business activities constitute 
     substantial business activities for purposes of this 
     paragraph.
       ``(4) Management and control.--For purposes of paragraph 
     (2)(B)(ii)--
       ``(A) In general.--The Secretary shall prescribe 
     regulations for purposes of determining cases in which the 
     management and control of an expanded affiliated group is to 
     be treated as occurring, directly or indirectly, primarily 
     within the United States. The regulations prescribed under 
     the preceding sentence shall apply to periods after May 8, 
     2014.
       ``(B) Executive officers and senior management.--Such 
     regulations shall provide that the management and control of 
     an expanded affiliated group shall be treated as occurring, 
     directly or indirectly, primarily within the United States if 
     substantially all of the executive officers and senior 
     management of the expanded affiliated group who exercise day-
     to-day responsibility for making decisions involving 
     strategic, financial, and operational policies of the 
     expanded affiliated group are based or primarily located 
     within the United States. Individuals who in fact exercise 
     such day-to-day responsibilities shall be treated as 
     executive officers and senior management regardless of their 
     title.
       ``(5) Significant domestic business activities.--For 
     purposes of paragraph (2)(B)(ii), an expanded affiliated 
     group has significant domestic business activities if at 
     least 25 percent of--
       ``(A) the employees of the group are based in the United 
     States,
       ``(B) the employee compensation incurred by the group is 
     incurred with respect to employees based in the United 
     States,
       ``(C) the assets of the group are located in the United 
     States, or
       ``(D) the income of the group is derived in the United 
     States,

     determined in the same manner as such determinations are made 
     for purposes of determining substantial business activities 
     under regulations referred to in paragraph (3) as in effect 
     on May 8, 2014, but applied by treating all references in 
     such regulations to `foreign country' and `relevant foreign 
     country' as references to `the United States'. The Secretary 
     may issue regulations decreasing the threshold percent in any 
     of the tests under such regulations for determining if 
     business activities constitute significant domestic business 
     activities for purposes of this paragraph.''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 7874(a)(2)(B) of such Code is 
     amended by striking ``after March 4, 2003,'' and inserting 
     ``after March 4, 2003, and before May 9, 2014,''.
       (2) Subsection (c) of section 7874 of such Code is 
     amended--
       (A) in paragraph (2)--
       (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting 
     ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)'', and
       (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' 
     in subparagraph (B),
       (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as 
     the case may be,'' after ``(a)(2)(B)(ii)'',
       (C) in paragraph (5), by striking ``subsection 
     (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and 
     (b)(2)(B)(i)'', and
       (D) in paragraph (6), by inserting ``or inverted domestic 
     corporation, as the case may be,'' after ``surrogate foreign 
     corporation''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after May 8, 2014.
                                 ______
                                 
      By Mr. REID:
  S. 199. A bill to establish the Gold Butte National Conservation Area 
in Clark County, Nevada, in order to conserve, protect, and enhance the 
cultural, archaeological, natural, wilderness, scientific, geological, 
historical, biological, wildlife, educational, and scenic resources of 
the area, to designate wilderness area, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 199

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Gold Butte 
     National Conservation Area Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

             TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA

Sec. 101. Establishment of Gold Butte National Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. General provisions.
Sec. 104. Gold Butte National Conservation Area Advisory Council.

   TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA

Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.

[[Page 788]]

Sec. 204. Adjacent management.
Sec. 205. Military, law enforcement, and emergency overflights.
Sec. 206. Release of wilderness study areas.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Wildlife management.
Sec. 209. Wildfire, insect, and disease management.
Sec. 210. Climatological data collection.
Sec. 211. National Park System land.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Relationship to Clark County Multi-Species Habitat 
              Conservation Plan.
Sec. 302. Visitor center, research, and interpretation.
Sec. 303. Termination of withdrawal of Bureau of Land Management land.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the public land in southeastern Nevada generally known 
     as ``Gold Butte'' is recognized for outstanding--
       (A) scenic values;
       (B) natural resources, including critical habitat, 
     sensitive species, wildlife, desert tortoise habitat, and 
     geology;
       (C) historic resources, including historic mining, ranching 
     and other western cultures, and pioneer activities; and
       (D) cultural resources, including evidence of prehistoric 
     habitation and rock art;
       (2) Gold Butte has become a destination for diverse 
     recreation opportunities, including camping, hiking, hunting, 
     motorized recreation, and sightseeing;
       (3) Gold Butte draws visitors from throughout the United 
     States;
       (4) Gold Butte provides important economic benefits to 
     Mesquite and other nearby communities;
       (5) inclusion of the Gold Butte National Conservation Area 
     in the National Landscape Conservation System would provide 
     increased opportunities for--
       (A) interpretation of the diverse values of the area for 
     the visiting public; and
       (B) education and community outreach in the region; and
       (6) designation of Gold Butte as a National Conservation 
     Area will permanently protect the scenic, biological, 
     natural, historical, scientific, paleontological, 
     recreational, ecological, wilderness, and cultural resources 
     within the area.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advisory council.--The term ``Advisory Council'' means 
     the Gold Butte National Conservation Area Advisory Council 
     established under section 104(a).
       (2) Conservation area.--The term ``Conservation Area'' 
     means the Gold Butte National Conservation Area established 
     by section 101(a).
       (3) County.--The term ``County'' means Clark County, 
     Nevada.
       (4) Designated route.--The term ``designated route'' means 
     a road that is designated as open by the Route Designations 
     for Selected Areas of Critical Environmental Concern Located 
     in the Northeast Portion of the Las Vegas BLM District 
     Environmental Assessment, NV-052-2006-0433.
       (5) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area developed under 
     section 102(b).
       (6) Map.--The term ``Map'' means the map entitled ``Gold 
     Butte National Conservation Area'' and dated May 23, 2013.
       (7) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) State.--The term ``State'' means the State of Nevada.
       (10) Wilderness area.--The term ``wilderness area'' means a 
     wilderness areas designated by section 202(a).

             TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA

     SEC. 101. ESTABLISHMENT OF GOLD BUTTE NATIONAL CONSERVATION 
                   AREA.

       (a) Establishment.--There is established the Gold Butte 
     National Conservation Area in the State.
       (b) Area Included.--The Conservation Area shall consist of 
     approximately 348,515 acres of public land administered by 
     the Bureau of Land Management in the County, as generally 
     depicted on the Map.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Conservation Area with the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     minor errors in the map or legal description.
       (3) Public availability.--A copy of the map and legal 
     description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management and the National Park Service.

     SEC. 102. MANAGEMENT OF CONSERVATION AREA.

       (a) Purposes.--In accordance with this title, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable laws, the Secretary shall manage 
     the Conservation Area in a manner that conserves, protects, 
     and enhances the scenic, biological, natural, historical, 
     scientific, paleontological, recreational, ecological, 
     wilderness, and cultural resources of the Conservation Area.
       (b) Management Plan.--
       (1) Plan required.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary shall develop a 
     management plan for the long-term protection and management 
     of the Conservation Area.
       (2) Consultation.--The Secretary shall prepare the 
     management plan in consultation with the State, local and 
     tribal government entities, the Advisory Council, and the 
     public.
       (3) Requirements.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area; and
       (B) include a recommendation on interpretive and 
     educational materials regarding the cultural and biological 
     resources of the region within which the Conservation Area is 
     located.
       (4) Incorporation of route designations.--The management 
     plan shall incorporate the decisions in the Route 
     Designations for Selected Areas of Critical Environmental 
     Concern Located in the Northeast Portion of the Las Vegas BLM 
     District Environmental Assessment, NV-052-2006-0433.
       (c) Uses.--The Secretary shall allow only such uses of the 
     Conservation Area that the Secretary determines would further 
     the purpose of the Conservation Area described in subsection 
     (a).
       (d) Incorporation of Acquired Land and Interests.--Any land 
     or interests in land located within the boundary of the 
     Conservation Area that is acquired by the United States after 
     the date of enactment of this Act shall become part of the 
     Conservation Area and be managed as provided in subsection 
     (a).
       (e) Motorized Vehicles.--
       (1) In general.--Except in cases in which motorized 
     vehicles are needed for administrative purposes or to respond 
     to an emergency, the use of motorized vehicles shall be 
     permitted only on designated routes.
       (2) Monitoring and evaluation.--The Secretary shall 
     annually--
       (A) assess the effects of the use of motorized vehicles on 
     designated routes; and
       (B) in consultation with the Nevada Department of Wildlife, 
     assess the effects of designated routes on wildlife and 
     wildlife habitat to minimize environmental impacts and 
     prevent damage to cultural and historical resources from the 
     use of designated routes.
       (3) Management.--
       (A) In general.--The Secretary shall manage designated 
     routes in a manner that--
       (i) is consistent with motorized and mechanized use of the 
     designated routes that is authorized on the date of the 
     enactment of this Act;
       (ii) ensures the safety of the people that use the 
     designated routes;
       (iii) does not damage sensitive habitat or cultural or 
     historical resources; and
       (iv) provides for adaptive management of resources and 
     restoration of damaged habitat or resources.
       (B) Rerouting.--
       (i) In general.--A designated route may be temporarily 
     closed or rerouted if the Secretary, in consultation with the 
     State, the County, and the Advisory Council, subject to 
     subparagraph (C), determines that--

       (I) the designated route is having an adverse impact on--

       (aa) sensitive habitat;
       (bb) natural resources;
       (cc) cultural resources; or
       (dd) historical resources;

       (II) the designated route threatens public safety;
       (III) temporary closure of the designated route is 
     necessary to repair--

       (aa) the designated route; or
       (bb) resource damage; or

       (IV) modification of the designated route would not 
     significantly affect access within the Conservation Area.

       (ii) Priority.--If the Secretary determines that the 
     rerouting of a designated route is necessary under clause 
     (i), the Secretary may give priority to existing roads 
     designated as closed.
       (iii) Duration.--A designated route that is temporarily 
     closed under clause (i) shall remain closed only until the 
     date on which the resource or public safety issue that led to 
     the temporary closure has been resolved.
       (C) Notice.--The Secretary shall provide information to the 
     public regarding any designated routes that are open, have 
     been rerouted, or are temporarily closed through--
       (i) use of appropriate signage within the Conservation 
     Area; and
       (ii) the distribution of maps, safety education materials, 
     law enforcement, and other information considered to be 
     appropriate by the Secretary.
       (4) No effect on non-federal land or interests in non-
     federal land.--Nothing in this section affects ownership, 
     management, or other rights relating to non-Federal land or 
     interests in non-Federal land.

[[Page 789]]

       (5) Map on file.--The Secretary shall keep a current map on 
     file at the appropriate offices of the Bureau of Land 
     Management.
       (6) Road construction.--Except as necessary for 
     administrative purposes or to respond to an emergency, the 
     Secretary shall not construct any permanent or temporary road 
     within the Conservation Area after the date of enactment of 
     this Act.
       (f) National Landscape Conservation System.--The 
     Conservation Area shall be administered as a component of the 
     National Landscape Conservation System.
       (g) Hunting, Fishing, and Trapping.--Nothing in this title 
     affects the jurisdiction of the State with respect to fish 
     and wildlife, including hunting, fishing, and trapping in the 
     Conservation Area.

     SEC. 103. GENERAL PROVISIONS.

       (a) No Buffer Zones.--
       (1) In general.--The establishment of the Conservation Area 
     shall not create an express or implied protective perimeter 
     or buffer zone around the Conservation Area.
       (2) Private land.--If the use of, or conduct of an activity 
     on, private land that shares a boundary with the Conservation 
     Area is consistent with applicable law, nothing in this title 
     concerning the establishment of the Conservation Area 
     prohibits or limits the use or conduct of the activity.
       (b) Withdrawals.--Subject to valid existing rights, all 
     public land within the Conservation Area, including any land 
     or interest in land that is acquired by the United States 
     within the Conservation Area after the date of enactment of 
     this Act, is withdrawn from--
       (1) entry, appropriation or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (c) Special Management Areas.--
       (1) In general.--The establishment of the Conservation Area 
     shall not affect the management status of any area within the 
     boundary of the Conservation Area that is protected under the 
     Clark County Multi-Species Habitat Conservation Plan.
       (2) Conflict of laws.--If there is a conflict between the 
     laws applicable to an area described in paragraph (1) and 
     this title, the more restrictive provision shall control.

     SEC. 104. GOLD BUTTE NATIONAL CONSERVATION AREA ADVISORY 
                   COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``Gold Butte National 
     Conservation Area Advisory Council''.
       (b) Duties.--The Advisory Council shall advise the 
     Secretary with respect to the preparation and implementation 
     of the management plan.
       (c) Applicable Law.--The Advisory Council shall be subject 
     to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (d) Members.--
       (1) In general.--The Advisory Council shall include 13 
     members to be appointed by the Secretary, of whom, to the 
     extent practicable--
       (A) 4 members shall be appointed after considering the 
     recommendations of the Mesquite, Nevada, City Council;
       (B) 1 member shall be appointed after considering the 
     recommendations of the Bunkerville, Nevada, Town Advisory 
     Board;
       (C) 1 member shall be appointed after considering the 
     recommendations of the Moapa Valley, Nevada, Town Advisory 
     Board;
       (D) 1 member shall be appointed after considering the 
     recommendations of the Moapa, Nevada, Town Advisory Board;
       (E) 1 member shall be appointed after considering the 
     recommendations of the Moapa Band of Paiutes Tribal Council; 
     and
       (F) 5 at-large members from the County shall be appointed 
     after considering the recommendations of the County 
     Commission.
       (2) Special appointment considerations.--The at-large 
     members appointed under paragraph (1)(F) shall have 
     backgrounds that reflect--
       (A) the purposes for which the Conservation Area was 
     established; and
       (B) the interests of persons affected by the planning and 
     management of the Conservation Area.
       (3) Representation.--The Secretary shall ensure that the 
     membership of the Advisory Council is fairly balanced in 
     terms of the points of view represented and the functions to 
     be performed by the Advisory Council.
       (4) Initial appointment.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall appoint 
     the initial members of the Advisory Council in accordance 
     with paragraph (1).
       (e) Duties of the Advisory Council.--The Advisory Council 
     shall advise the Secretary with respect to the preparation 
     and implementation of the management plan, including 
     budgetary matters relating to the Conservation Area.
       (f) Compensation.--Members of the Advisory Council shall 
     receive no compensation for serving on the Advisory Council.
       (g) Chairperson.--
       (1) In general.--The Advisory Council shall elect a 
     Chairperson from among the members of the Advisory Council.
       (2) Term.--The term of the Chairperson shall be 3 years.
       (h) Term of Members.--
       (1) In general.--The term of a member of the Advisory 
     Council shall be 3 years.
       (2) Successors.--Notwithstanding the expiration of a 3-year 
     term of a member of the Advisory Council, a member may 
     continue to serve on the Advisory Council until a successor 
     is appointed.
       (i) Vacancies.--
       (1) In general.--A vacancy on the Advisory Council shall be 
     filled in the same manner in which the original appointment 
     was made.
       (2) Appointment for remainder of term.--A member appointed 
     to fill a vacancy on the Advisory Council shall serve for the 
     remainder of the term for which the predecessor was 
     appointed.
       (j) Termination.--The Advisory Council shall terminate not 
     later than 3 years after the date on which the final version 
     of the management plan is published.

   TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA

     SEC. 201. FINDINGS.

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

     SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--In furtherance of the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following public land administered 
     by the National Park Service or the Bureau of Land Management 
     in the County is designated as wilderness and as components 
     of the National Wilderness Preservation System:
       (1) Virgin peak wilderness.--Certain public land managed by 
     the Bureau of Land Management, comprising approximately 
     18,296 acres, as generally depicted on the Map, which shall 
     be known as the ``Virgin Peak Wilderness''.
       (2) Black ridge wilderness.--Certain public land managed by 
     the Bureau of Land Management, comprising approximately 
     18,192 acres, as generally depicted on the Map, which shall 
     be known as the ``Black Ridge Wilderness''.
       (3) Bitter ridge north wilderness.--Certain public land 
     managed by the Bureau of Land Management comprising 
     approximately 15,114 acres, as generally depicted on the Map, 
     which shall be known as the ``Bitter Ridge North 
     Wilderness''.
       (4) Bitter ridge south wilderness.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 12,646 acres, as generally depicted on the Map, 
     which shall be known as the ``Bitter Ridge Wilderness''.
       (5) Billy goat peak wilderness.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,460 acres, as generally depicted on the Map, 
     which shall be known as the ``Billy Goat Peak Wilderness''.
       (6) Million hills wilderness.--Certain public land managed 
     by the Bureau of Land Management, comprising approximately 
     24,818 acres, as generally depicted on the Map, which shall 
     be known as the ``Million Hills Wilderness''.
       (7) Overton wilderness.--Certain Federal land within the 
     Lake Mead National Recreation Area, comprising approximately 
     23,227 acres, as generally depicted on the Map, which shall 
     be known as the ``Overton Wilderness''.
       (8) Twin springs wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 9,684 acres, as generally depicted on the Map, 
     which shall be known as the ``Twin Springs Wilderness''.
       (9) Scanlon wash wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 22,826 acres, as generally depicted on the Map, 
     which shall be known as the ``Scanlon Wash Wilderness''.
       (10) Hiller mountains wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area, comprising 
     approximately 14,832 acres, as generally depicted on the Map, 
     which shall be known as the ``Hiller Mountains Wilderness''.
       (11) Hell's kitchen wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area, comprising 
     approximately 12,439 acres, as generally depicted on the Map, 
     which shall be known as the ``Hell's Kitchen Wilderness''.

[[Page 790]]

       (12) Indian hills wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 8,955 acres, as generally depicted on the Map, 
     which shall be known as the ``Indian Hills Wilderness''.
       (13) Lime canyon wilderness additions.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 10,069 acres, as generally depicted on the Map, 
     which is incorporated in, and shall be managed as part of, 
     the ``Lime Canyon Wilderness'' designated by section 
     202(a)(9) of the Clark County Conservation of Public Land and 
     Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public 
     Law 107-282).
       (b) National Landscape Conservation System.--The wilderness 
     areas administered by the Bureau of Land Management shall be 
     administered as components of the National Landscape 
     Conservation System.
       (c) Road Offset.--The boundary of any portion of a 
     wilderness area that is bordered by a road shall be at least 
     100 feet away from the centerline of the road so as not to 
     interfere with public access.
       (d) Lake Offset.--The boundary of any portion of a 
     wilderness area that is bordered by Lake Mead or the Colorado 
     River shall be 300 feet inland from the high water line.
       (e) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area with the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Effect.--Each map and legal description under paragraph 
     (1) shall have the same force and effect as if included in 
     this title, except that the Secretary may correct clerical 
     and typographical errors in the map or legal description.
       (3) Availability.--Each map and legal description under 
     paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management and the National Park Service.

     SEC. 203. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in that Act to the effective date of that 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (b) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of a wilderness 
     area that is acquired by the United States after the date of 
     enactment of this Act shall be added to, and administered as 
     part of, the wilderness area within which the acquired land 
     or interest is located.
       (c) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as a wilderness area--
       (i) is within the Mojave Desert;
       (ii) is arid in nature; and
       (iii) includes ephemeral streams;
       (B) the hydrology of the land designated as a wilderness 
     area is locally characterized by complex flow patterns and 
     alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region within which 
     the land designated as a wilderness area is located is 
     characterized by ground water subject to local and regional 
     flow gradients and artesian aquifers;
       (D) the land designated as a wilderness area is generally 
     not suitable for use or development of new water resource 
     facilities;
       (E) there are no actual or proposed water resource 
     facilities and no opportunities for diversion, storage, or 
     other uses of water occurring outside the land designated as 
     a wilderness area that would adversely affect the wilderness 
     or other values of the land; and
       (F) because of the unique nature and hydrology of the 
     desert land designated as a wilderness area and the existence 
     of the Clark County Multi-Species Habitat Conservation Plan, 
     it is possible to provide for proper management and 
     protection of the wilderness, perennial springs, and other 
     values of the land in ways different than the methods used in 
     other laws.
       (2) Statutory construction.--
       (A) No reservation.--Nothing in this title constitutes an 
     express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     a wilderness area.
       (B) State rights.--Nothing in this title affects any water 
     rights in the State existing on the date of enactment of this 
     Act, including any water rights held by the United States.
       (C) No precedent.--Nothing in this subsection establishes a 
     precedent with regard to any future wilderness designations.
       (D) No effect on compacts.--Nothing in this title limits, 
     alters, modifies, or amends any of the interstate compacts or 
     equitable apportionment decrees that apportion water among 
     and between the State and other States.
       (E) Clark county multi-species habitat conservation plan.--
     Nothing in this title limits, alters, modifies, or amends the 
     Clark County Multi-Species Habitat Conservation Plan with 
     respect to the land designated as a wilderness area, 
     including specific management actions for the conservation of 
     perennial springs.
       (3) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the land 
     designated as a wilderness area.
       (4) New projects.--
       (A) Definition.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, and 
     transmission and other ancillary facilities, and other water 
     diversion, storage, and carriage structures.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.
       (B) No licenses or permits.--Except as otherwise provided 
     in this title, on and after the date of enactment of this 
     Act, neither the President nor any other officer, employee, 
     or agent of the United States shall fund, assist, authorize, 
     or issue a license or permit for the development of any new 
     water resource facility within the land designated as a 
     wilderness area.
       (d) Withdrawal.--Subject to valid existing rights, any 
     Federal land within the wilderness areas, including any land 
     or interest in land that is acquired by the United States 
     within the Conservation Area after the date of enactment of 
     this Act, is withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

     SEC. 204. ADJACENT MANAGEMENT.

       (a) No Buffer Zones.--Congress does not intend for the 
     designation of land as wilderness areas to lead to the 
     creation of protective perimeters or buffer zones around the 
     wilderness areas.
       (b) Nonwilderness Activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area shall not preclude the conduct of those 
     activities or uses outside the boundary of the wilderness 
     area.

     SEC. 205. MILITARY, LAW ENFORCEMENT, AND EMERGENCY 
                   OVERFLIGHTS.

       Nothing in this Act restricts or precludes--
       (1) low-level overflights of military, law enforcement, or 
     emergency medical services aircraft over the area designated 
     as wilderness by this Act, including military, law 
     enforcement, or emergency medical services overflights that 
     can be seen or heard within the wilderness area;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military, law enforcement, 
     or emergency medical services flight training routes, over 
     the wilderness area.

     SEC. 206. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the Bureau of Land Management land in 
     any portion of the wilderness study areas located within the 
     Conservation Area not designated as a wilderness area has 
     been adequately studied for wilderness designation.
       (b) Release.--Any Bureau of Land Management land described 
     in subsection (a) that is not designated as a wilderness 
     area--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
       (2) shall be managed in accordance with--
       (A) the land management plans adopted under section 202 of 
     that Act (43 U.S.C. 1712); and
       (B) cooperative conservation agreements in existence on the 
     date of enactment of this Act; and
       (3) shall be subject to the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).

     SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this title diminishes--
       (1) the rights of any Indian tribe; or
       (2) tribal rights regarding access to Federal land for 
     tribal activities, including spiritual, cultural, and 
     traditional food-gathering activities.

     SEC. 208. WILDLIFE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness areas.
       (b) Management Activities.--
       (1) In general.--In furtherance of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     management activities to maintain or restore fish and 
     wildlife populations and the habitats to support the 
     populations may be carried out within the wilderness areas, 
     if the activities--

[[Page 791]]

       (A) are consistent with relevant wilderness management 
     plans; and
       (B) are carried out in accordance with appropriate 
     policies, such as those set forth in Appendix B of House 
     Report 101-405.
       (2) Use of motorized vehicles.--The management activities 
     under paragraph (1) may include the occasional and temporary 
     use of motorized vehicles, if the use, as determined by the 
     Secretary, would--
       (A) promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values; 
     and
       (B) accomplish the purposes described in subparagraph (A) 
     with the minimum impact necessary to reasonably accomplish 
     the task.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of House Report 101-405, the State may continue 
     to use aircraft (including helicopters) to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, 
     horses, and burros.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas if--
       (1) the structures and facilities will, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.
       (e) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary may designate, by 
     regulation, areas in which, and establish periods during 
     which, for reasons of public safety, administration, or 
     compliance with applicable laws, no hunting, fishing, or 
     trapping will be permitted in the wilderness areas.
       (2) Consultation.--Except in emergencies, the Secretary 
     shall consult with the appropriate State agency before 
     promulgating regulations under paragraph (1).
       (f) Cooperative Agreement.--The State, including a designee 
     of the State, may conduct wildlife management activities in 
     the wilderness areas--
       (1) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary and the 
     State entitled ``Memorandum of Understanding between the 
     Bureau of Land Management and the Nevada Department of 
     Wildlife Supplement No. 9'' and signed November and December 
     2003, including any amendments to the cooperative agreement 
     agreed to by the Secretary and the State; and
       (2) subject to all applicable laws (including regulations).

     SEC. 209. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 
     such measures in each wilderness area as the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases (including, as the Secretary determines to be 
     appropriate, the coordination of the activities with a State 
     or local agency).
       (b) Effect.--Nothing in this Act precludes a Federal, 
     State, or local agency from conducting wildfire management 
     operations (including operations using aircraft or mechanized 
     equipment) in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)).

     SEC. 210. CLIMATOLOGICAL DATA COLLECTION.

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

     SEC. 211. NATIONAL PARK SYSTEM LAND.

       To the extent any of the provisions of this title are in 
     conflict with laws (including regulations) or management 
     policies applicable to Federal land within the Lake Mead 
     National Recreation Area designated as a wilderness area, the 
     laws (including regulations) or policies shall control.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT 
                   CONSERVATION PLAN.

       (a) In General.--Nothing in this Act limits, alters, 
     modifies, or amends the Clark County Multi-Species Habitat 
     Conservation Plan with respect to the Conservation Area and 
     the wilderness areas, including the specific management 
     actions contained in the Clark County Multi-Species Habitat 
     Conservation Plan for the conservation of perennial springs.
       (b) Conservation Management Areas.--The Secretary shall 
     credit the Conservation Area and the wilderness areas as 
     Conservation Management Areas, as may be required by the 
     Clark County Multi-Species Habitat Conservation Plan 
     (including amendments to the plan).
       (c) Management Plan.--In developing the management plan, to 
     the extent consistent with this section, the Secretary may 
     incorporate any provision of the Clark County Multi-Species 
     Habitat Conservation Plan.

     SEC. 302. VISITOR CENTER, RESEARCH, AND INTERPRETATION.

       (a) In General.--The Secretary, acting through the Director 
     of the Bureau of Land Management, may establish, in 
     cooperation with any other public or private entities that 
     the Secretary may determine to be appropriate, a visitor 
     center and field office in Mesquite, Nevada--
       (1) to serve visitors; and
       (2) to assist in fulfilling the purposes of--
       (A) the Lake Mead National Recreation Area;
       (B) the Grand Canyon-Parashant National Monument; and
       (C) the Conservation Area.
       (b) Requirements.--The Secretary shall ensure that the 
     visitor center authorized under subsection (a) is designed--
       (1) to interpret the scenic, biological, natural, 
     historical, scientific, paleontological, recreational, 
     ecological, wilderness, and cultural resources of each of the 
     areas described in that subsection; and
       (2) to serve as an interagency field office for each of the 
     areas described in that subsection.
       (c) Cooperative Agreements.--The Secretary may, in a manner 
     consistent with this Act, enter into cooperative agreements 
     with the State, the State of Arizona, and any other 
     appropriate institutions and organizations to carry out the 
     purposes of this section.

     SEC. 303. TERMINATION OF WITHDRAWAL OF BUREAU OF LAND 
                   MANAGEMENT LAND.

       (a) Termination of Withdrawal.--The withdrawal of the 
     parcels of Bureau of Land Management land described in 
     subsection (b) for use by the Bureau of Reclamation is 
     terminated.
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) consist of the Bureau of Land Management 
     land identified on the Map as ``Transfer from BOR to BLM''.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall finalize the legal 
     description of the land reverting to the Bureau of Land 
     Management under subsection (a).
       (2) Minor errors.--The Secretary may correct any minor 
     error in--
       (A) the Map; or
       (B) the legal description.
       (3) Availability.--The Map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management and the 
     Bureau of Reclamation.

                          ____________________