[108th Congress Public Law 424]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ424.108]
[[Page 118 STAT. 2403]]
Public Law 108-424
108th Congress
An Act
To establish wilderness areas, promote conservation, improve public
land, and provide for the high quality development in Lincoln County,
Nevada, and for other purposes. <<NOTE: Nov. 30, 2004 - [H.R. 4593]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Lincoln County
Conservation, Recreation, and Development Act of 2004.>>
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; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 1241 note.>> Short Title.--This Act may be cited
as the ``Lincoln County Conservation, Recreation, and Development Act of
2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Authorization of appropriations.
Sec. 2. Short title; table of contents.
TITLE I--LAND DISPOSAL
Sec. 101. Definitions.
Sec. 102. Conveyance of Lincoln County land.
Sec. 103. Disposition of proceeds.
TITLE II--WILDERNESS AREAS
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Additions to National Wilderness Preservation System.
Sec. 204. Administration.
Sec. 205. Adjacent management.
Sec. 206. Military overflights.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Release of wilderness study areas.
Sec. 209. Wildlife management.
Sec. 210. Wildfire management.
Sec. 211. Climatological data collection.
TITLE III--UTILITY CORRIDORS
Sec. 301. Utility corridor and rights-of-way.
Sec. 302. Relocation of right-of-way and utility corridors located in
Clark and Lincoln counties in the State of Nevada.
TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
Sec. 401. Silver State Off-Highway Vehicle Trail.
TITLE V--OPEN SPACE PARKS
Sec. 501. Open space park conveyance to Lincoln County, Nevada.
Sec. 502. Open space park conveyance to the State of Nevada.
TITLE VI--JURISDICTION TRANSFER
Sec. 601. Transfer of administrative jurisdiction between the Fish and
Wildlife Service and the Bureau of Land Management.
[[Page 118 STAT. 2404]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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
[[Page 118 STAT. 2405]]
(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) <<NOTE: Applicability.>> 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
[[Page 118 STAT. 2406]]
(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 1979 (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. 201. 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. 202. DEFINITIONS.
In this title:
[[Page 118 STAT. 2407]]
(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. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) <<NOTE: 16 USC 1132 note.>> 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 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
[[Page 118 STAT. 2408]]
``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;
[[Page 118 STAT. 2409]]
(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. 204. 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
[[Page 118 STAT. 2410]]
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. 205. 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. 206. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(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
[[Page 118 STAT. 2411]]
(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. 207. 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. 208. 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. 209. 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
[[Page 118 STAT. 2412]]
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. <<NOTE: Applicability.>> Any references
to Clark County in that document shall also be deemed to be referred to
and shall apply to Lincoln County, Nevada.
SEC. 210. 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. 211. 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. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) Utility Corridor.--
[[Page 118 STAT. 2413]]
(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.--
[[Page 118 STAT. 2414]]
(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) <<NOTE: Reports. Deadlines.>> Timing; availability.--The
Secretary <<NOTE: Public information.>> 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. <<NOTE: Utah.>> 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
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) <<NOTE: Utah.>> 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. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS LOCATED IN
CLARK AND LINCOLN COUNTIES IN THE STATE OF NEVADA.
(a) Definitions.--In this section:
[[Page 118 STAT. 2415]]
(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) <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2416]]
(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. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. <<NOTE: 16 USC 1244
note.>>
(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) <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2417]]
(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. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, NEVADA.
(a) <<NOTE: Deadline.>> 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
[[Page 118 STAT. 2418]]
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.
(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. 502. 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.
[[Page 118 STAT. 2419]]
TITLE VI--JURISDICTION TRANSFER
SEC. 601. <<NOTE: 16 USC 668dd note.>> 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.
Approved November 30, 2004.
LEGISLATIVE HISTORY--H.R. 4593:
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HOUSE REPORTS: No. 108-720 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 4, considered and passed House.
Nov. 10, considered and passed Senate, amended.
Nov. 17, House concurred in Senate amendment.
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