White Pine County Conservation, Recreation, and Development Act of 2006 - Directs the Secretary of the Interior (Secretary) to conduct sales of certain Bureau of Land Management (BLM) land in White Pine County, Nevada.
Pam White Wilderness Act of 2006 - Designates certain federal land in Nevada as wilderness components of the National Wilderness Preservation System.
Transfers administrative jurisdiction over: (1) certain land from BLM to the U.S. Fish and Wildlife Service (USFWS) for inclusion in Ruby Lake National Wildlife Refuge; and (2) specified National Forest Service (Department of Agriculture) land to BLM (Department of the Interior).
Directs the Secretary to convey: (1) specified land to the state of Nevada if the state and the county concerned enter into an agreement supporting such conveyance; and (2) certain land to White Pine County, Nevada, to be used for the expansion of White Pine County airport and White Pine County Industrial Park.
Directs the Secretary to study and designate the preferred route for the Silver State Off-Highway Vehicle Trail.
Transfers certain land to the Ely Shoshone Indian Tribe.
Directs such Secretaries of Agriculture and of the Interior to carry out the Eastern Nevada Landscape Restoration Project to: (1) implement the Great Basin Restoration Initiative; and (2) restore native rangelands and woodland in White Pine and Lincoln Counties in Nevada.
Makes conforming amendments to the Southern Nevada Public Land Management Act of 1998.
Great Basin National Heritage Route Act - Establishes the Great Basin National Heritage Route to provide public access to certain resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in Nevada.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3772 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3772
To establish wilderness areas, promote conservation, improve public
land, and provide for high quality development in White Pine County,
Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2006
Mr. Ensign (for himself and Mr. Reid) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish wilderness areas, promote conservation, improve public
land, and provide for high quality development in White Pine County,
Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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) Short Title.--This Act may be cited as the ``White Pine County
Conservation, Recreation, and Development Act of 2006''.
(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.
Sec. 3. Definitions.
TITLE I--LAND DISPOSAL
Sec. 101. Conveyance of White Pine County, Nevada, land.
Sec. 102. Disposition of proceeds.
TITLE II--WILDERNESS AREAS
Sec. 201. Short title.
Sec. 202. Findings.
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--TRANSFERS OF ADMINISTRATIVE JURISDICTION
Sec. 301. Transfer to the United States Fish and Wildlife Service.
Sec. 302. Transfer to the Bureau of Land Management.
Sec. 303. Availability of map and legal descriptions.
TITLE IV--PUBLIC CONVEYANCES
Sec. 401. Conveyance to the State of Nevada.
Sec. 402. Conveyance to White Pine County, Nevada.
TITLE V--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
Sec. 501. Silver State off-highway vehicle trail.
TITLE VI--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE
TRIBE.
Sec. 601. Transfer of land to be held in trust for the Ely Shoshone
Tribe.
TITLE VII--EASTERN NEVADA LANDSCAPE RESTORATION PROJECT.
Sec. 701. Findings; purposes.
Sec. 702. Definitions.
Sec. 703. Restoration project.
TITLE VIII--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT
ACT OF 1998
Sec. 801. Findings.
Sec. 802. Definitions.
Sec. 803. Availability of special account.
Sec. 804. Affordable housing.
TITLE IX--GREAT BASIN HERITAGE ROUTE
Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Great Basin National Heritage Route.
Sec. 905. Memorandum of understanding.
Sec. 906. Management Plan.
Sec. 907. Authority and duties of local coordinating entity.
Sec. 908. Duties and authorities of Federal agencies.
Sec. 909. Land use regulation; applicability of Federal law.
Sec. 910. Authorization of appropriations.
Sec. 911. Termination of authority.
SEC. 3. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means White Pine County,
Nevada.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest
System, the Secretary of Agriculture; and
(B) with respect to other Federal land, the
Secretary of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
TITLE I--LAND DISPOSAL
SEC. 101. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary, in cooperation with the County, in accordance with that
Act, this title, and other applicable law and subject to valid existing
rights, shall, at such time as the parcels of Federal land become
available for disposal, conduct sales of the parcels of Federal land
described in subsection (b) to qualified bidders.
(b) Description of Land.--The parcels of Federal land referred to
in subsection (a) consist of not more than 45,000 acres of Bureau of
Land Management land in the County that--
(1) is not segregated or withdrawn on or after the date of
enactment of this Act; and
(2) is identified for disposal by the Bureau of Land
Management through--
(A) the Ely Resource Management Plan; or
(B) a subsequent amendment to the management plan
that is undertaken with full public involvement.
(c) Availability.--The map and any legal descriptions of the
Federal land conveyed under this section shall be on file and available
for public inspection in--
(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; and
(3) the Ely Field Office of the Bureau of Land Management.
(d) Joint Selection Required.--The Secretary and the County shall
jointly select which parcels of Federal land described in subsection
(b) to offer for sale under subsection (a).
(e) Compliance With Local Planning and Zoning Laws.--Before a sale
of Federal land under subsection (a), the County shall submit to the
Secretary a certification that qualified bidders have agreed to comply
with--
(1) County and city zoning ordinances; and
(2) any master plan for the area approved by the County.
(f) Method of Sale; Consideration.--The sale of Federal land under
subsection (a) shall be--
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Management Policy Act of 1976 (43 U.S.C.
1713);
(2) unless otherwise determined by the Secretary, through a
competitive bidding process; 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 Federal land described
in subsection (b) is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal
leasing laws, and mineral material laws.
(2) Exception.--Paragraph (1)(A) shall not apply to sales
made consistent with this section or an election by the County
or the State to obtain the land described in subsection (b) for
public purposes under the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869
et seq.).
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act and
annually thereafter until the Federal land described in
subsection (b) is disposed of or the County requests a
postponement under paragraph (2), the Secretary shall offer for
sale the Federal land described in subsection (b).
(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).
(B) Indefinite postponement.--Unless specifically
requested by the County, a postponement under
subparagraph (A) shall not be indefinite.
SEC. 102. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--Of the proceeds from the sale of
Federal land described in section 101(b)--
(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, transportation, and natural resource planning; and
(3) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``White Pine County Special Account'' (referred to in this
title as the ``special account''), 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
Federal land described in section 101(b), including the
costs of surveys and appraisals and compliance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321) and sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712,
1713);
(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 reimbursement of costs incurred by the
Department of the Interior for preparing and carrying
out the transfers of land to be held in trust by the
United States under section 601;
(D) processing public land use authorizations and
rights-of-way relating to the development of land
conveyed under section 101(a);
(E) conducting a study of routes for the Silver
State Off-Highway Vehicle Trail as required by section
501(a);
(F) developing and implementing the Silver State
Off-Highway Vehicle Trail management plan described in
section 501(c);
(G) processing wilderness designations, including
the costs of appropriate fencing, signage, public
education, and enforcement for the wilderness areas
designated;
(H) if the Secretary determines necessary,
developing and implementing conservation plans for
endangered or at risk species in the County; and
(I) carrying out a study to assess non-motorized
recreation opportunities on Federal land in the County.
(b) 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 in accordance with this
section.
TITLE II--WILDERNESS AREAS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pam White Wilderness Act of
2006''.
SEC. 202. 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. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Mt. moriah wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land
Management, comprising approximately 11,193 acres, as generally
depicted on the map entitled ``Eastern White Pine County'' and
dated August 1, 2006, is incorporated in, and shall be managed
as part of, the Mt. Moriah Wilderness, as designated by section
2(13) of the Nevada Wilderness Protection Act of 1989 (16
U.S.C. 1132 note; Public Law 101-195).
(2) Mount grafton wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
66,918 acres, as generally depicted on the map entitled
``Southern White Pine County'' and dated August 1, 2006, which
shall be known as the ``Mount Grafton Wilderness''.
(3) South egan range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 42,967 acres, as generally depicted on the map
entitled ``Southern White Pine County'' and dated August 1,
2006, which shall be known as the ``South Egan Range
Wilderness''.
(4) Egan ridgeline wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 18,669 acres, as generally depicted on the map
entitled ``Southern White Pine County'' and dated August 1,
2006, which shall be known as the ``Egan Ridgeline
Wilderness''.
(5) Highland ridge wilderness.--Certain Federal land
managed by the Bureau of Land Management and the Forest
Service, comprising approximately 70,098 acres, as generally
depicted on the map entitled ``Southern White Pine County'' and
dated August 1, 2006, which shall be known as the ``Highland
Ridge Wilderness''.
(6) Government peak wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 6,313 acres, as generally depicted on the map
entitled ``Eastern White Pine County'' and dated August 1,
2006, which shall be known as the ``Government Peak
Wilderness''.
(7) Currant mountain wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,631 acres, as generally depicted on the map entitled
``Western White Pine County'' and dated August 1, 2006, is
incorporated in, and shall be managed as part of, the ``Currant
Mountain Wilderness'', as designated by section 2(4) of the
Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note;
Public Law 101-195).
(8) Red mountain wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 20,490 acres,
as generally depicted on the map entitled ``Western White Pine
County'' and dated August 1, 2006, which shall be known as the
``Red Mountain Wilderness''.
(9) Bald mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management and the Forest Service,
comprising approximately 22,352 acres, as generally depicted on
the map entitled ``Western White Pine County'' and dated August
1, 2006, which shall be known as the ``Bald Mountain
Wilderness''.
(10) White pine range wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 42,562
acres, as generally depicted on the map entitled ``Western
White Pine County'' and dated August 1, 2006, which shall be
known as the ``White Pine Range Wilderness''.
(11) Shellback wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 36,133 acres, as
generally depicted on the map entitled ``Western White Pine
County'' and dated August 1, 2006, which shall be known as the
``Shellback Wilderness''.
(12) Schell creek range wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 122,123
acres, as generally depicted on the map entitled ``Eastern
White Pine County'' and dated August 1, 2006, which shall be
known as the ``Schell Creek Wilderness''.
(13) Becky peak wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
18,119 acres, as generally depicted on the map entitled
``Northern White Pine County'' and dated August 1, 2006, which
shall be known as the ``Becky Peak Wilderness''.
(14) Goshute canyon wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 42,657 acres, as generally depicted on the map
entitled ``Northern White Pine County'' and dated August 1,
2006, which shall be known as the ``Goshute Canyon
Wilderness''.
(15) Bristlecone wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
14,095 acres, as generally depicted on the map entitled
``Eastern White Pine County'' and dated August 1, 2006, which
shall be known as the ``Bristlecone 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 Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives.
(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--
(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;
(D) the Office of the Chief of the Forest Service;
(E) the Office of the Regional Forester, Region 4;
and
(F) the Office of the Forest Supervisor of the
Humbold-Toiyabe National Forest; and
(G) the Ely Ranger District Office of the Forest
Service.
(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.
(e) Mt. Moriah Wilderness Boundary Adjustment.--The boundary of the
Mt. Moriah Wilderness established under section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include only the land identified as the ``Mount
Moriah Wilderness'' on the map entitled ``Eastern White Pine County''
and dated August 1, 2006.
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 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 Agriculture or the Secretary of the Interior, as
appropriate.
(b) Livestock.--Within the wilderness areas designated under this
title that are administered by the Bureau of Land Management and the
Forest Service, 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--
(1) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(2) 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 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 located--
(i) in the semiarid region of the Great
Basin; and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are
few if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the land designated as wilderness by this title
is generally not suitable for use or development of new
water resource facilities; and
(C) because of the unique nature of the land
designated as wilderness by this title, it is possible
to provide for proper management and protection of the
wilderness and other values of land in ways different
from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the land designated as wilderness by this
title by means other than a federally reserved water right.
(3) 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 a
wilderness designated by this title;
(B) shall affect any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) 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 interstate compact or
equitable apportionment decree that apportions water
among and between the State and other States.
(4) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas designated by this title.
(5) New projects.--
(A) Definition of water resource facility.--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, 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 or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within a wilderness area
that is wholly or partially within the County.
SEC. 205. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the designation of
wilderness in the State by 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
(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--
(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. 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 has been adequately studied for
wilderness designation in any portion of the wilderness study areas or
instant study areas--
(1) not designated as wilderness by section 203(a),
excluding the portion of the Goshute Canyon Wilderness Study
Area located outside of the County; and
(2) depicted as released on the maps entitled--
(A) ``Eastern White Pine County'' and dated August
1, 2006;
(B) ``Northern White Pine County'' and dated August
1, 2006;
(C) ``Southern White Pine County'' and dated August
1, 2006; and
(D) ``Western White Pine County'' and dated August
1, 2006.
(b) Release.--
(1) In general.--Any public land described in subsection
(a) that is not designated as wilderness by this title--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c));
(B) shall be managed in accordance with--
(i) land management plans adopted under
section 202 of that Act (43 U.S.C. 1712); and
(ii) cooperative conservation agreements in
existence on the date of enactment of this Act;
and
(C) shall be subject to the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
(2) Exception.--The requirements described in paragraph (1)
shall not apply to the portion of the Goshute Canyon Wilderness
Study Area located outside of the County.
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
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 (16 U.S.C. 1131 et seq.), the
Secretary may conduct such management activities as are necessary to
maintain or restore fish and wildlife populations and habitats in the
wilderness areas designated by this title if those activities are
conducted--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with appropriate policies such as those
set forth in Appendix B of House Report 101-405.
(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,
feral horses, and feral 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 title 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 designated by this title.
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency before
promulgating regulations under paragraph (1).
(f) Cooperative Agreement.--
(1) In general.--The State (including a designee of the
State) may conduct wildlife management activities in the
wilderness areas designated by this title--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State, entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9,''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by
the Secretary and the State; and
(B) subject to all applicable laws and regulations.
(2) References.--
(A) Clark county.--For purposes of this subsection,
any references to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be
considered to be references to White Pine County,
Nevada.
(B) Bureau of land management.--For purposes of
this subsection, any references to the Bureau of Land
Management in the cooperative agreement described in
paragraph (1)(A) shall also be considered to be
references to the Forest Service.
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 any 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--TRANSFERS OF ADMINISTRATIVE JURISDICTION
SEC. 301. TRANSFER TO THE UNITED STATES FISH AND WILDLIFE SERVICE.
(a) In General.--Administrative jurisdiction over the land
described in subsection (b) is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service for inclusion
in the Ruby Lake National Wildlife Refuge.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is approximately 645 acres of land administered by the
Bureau of Land Management and identified on the map entitled ``Ruby
Lake Land Transfer'' and dated July 10, 2006, as ``Lands to be
transferred to the Fish and Wildlife Service''.
SEC. 302. TRANSFER TO THE BUREAU OF LAND MANAGEMENT.
(a) In General.--Subject to subsection (c), administrative
jurisdiction over the parcels of land described in subsection (b) is
transferred from the Forest Service to the Bureau of Land Management.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are--
(1) the land administered by the Forest Service and
identified on the map entitled ``Southern White Pine County''
and dated August 1, 2006, as ``Withdrawal Area'';
(2) the land administered by the Forest Service and
identified on the map entitled ``Southern White Pine County''
and dated August 1, 2006, as ``Highland Ridge Wilderness
Area''; and
(3) all other Federal land administered by the Forest
Service that is located adjacent to the Highland Ridge
Wilderness Area.
(c) Continuation of Cooperative Agreements.--Any existing Forest
Service cooperative agreement or permit in effect on the date of
enactment of this Act relating to a parcel of land to which
administrative jurisdiction is transferred by subsection (a) shall be
continued by the Bureau of Land Management unless there is reasonable
cause to terminate the agreement or permit, as determined by the
Secretary.
(d) Withdrawal.--Subject to valid existing rights, all Federal land
within the Withdrawal Area is withdrawn from all forms of--
(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 laws, geothermal leasing laws,
and mineral materials laws.
(e) Motorized and Mechanical Vehicles.--Use of motorized and
mechanical vehicles in the withdrawal area designated by this title
shall be permitted only on roads and trails designated for their use,
unless the use of those vehicles is needed--
(1) for administrative purposes; or
(2) to respond to an emergency.
SEC. 303. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS.
The maps of the land transferred by this title shall be on file and
available for public inspection in--
(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 Office of the Director of the United States Fish
and Wildlife Service;
(5) the Office of the Ruby Lake National Wildlife Refuge;
(6) the Office of the Director of the National Park
Service;
(7) the Great Basin National Park Office;
(8) the Office of the Chief of the Forest Service;
(9) the Office of the Regional Forester, Region 4;
(10) the Office of the Forest Supervisor of the Humboldt-
Toiyabe National Forest; and
(11) the Ely Ranger District Office of the Forest Service.
TITLE IV--PUBLIC CONVEYANCES
SEC. 401. 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, 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 the State and
the County enter into a written agreement supporting the conveyance.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are--
(1) the approximately 6,281 acres of Bureau of Land
Management land identified as ``Steptoe Valley Wildlife
Management Area Expansion Proposal'' on the map entitled ``Ely,
Nevada Area'' and dated August 1, 2006;
(2) the approximately 658 acres of Bureau of Land
Management land identified as ``Ward Charcoal Ovens Expansion''
on the map entitled ``Ely, Nevada Area'' and dated August 1,
2006; and
(3) the approximately [____] acres of Forest Service and
approximately [____] acres of Bureau of Land Management land
for expansion of Cave Lake State Park.
(c) Costs.--Any costs relating to a 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 wildlife or natural
resources; or
(B) a public park.
(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 described in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.
SEC. 402. CONVEYANCE TO WHITE PINE COUNTY, NEVADA.
(a) In General.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall
convey to the County, without 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.--The parcels of land referred to in
subsection (a) are--
(1) not more than 1,500 acres of land to be used for the
expansion of the White Pine County Airport; and
(2) not more than 200 acres of land to be used for the
expansion of the White Pine County Industrial Park.
(c) Use of Certain Land for Nonresidential Development.--
(1) In general.--After conveyance to the County of the land
described in subsection (b), the County may sell, lease, or
otherwise convey any portion of the land conveyed for purposes
of nonresidential development.
(2) Method of sale.--The sale, lease, or conveyance of land
under paragraph (1) shall be--
(A) through a competitive bidding process; and
(B) for not less than fair market value.
(3) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under paragraph (1) shall be
distributed in accordance with section 102.
(d) Reversion.--If a parcel of land conveyed under subsection (a)
is used in a manner that is inconsistent with the use described for the
parcel in paragraph (1) or (2) of subsection (b), the parcel of land
shall, at the discretion of the Secretary, revert to the United States.
TITLE V--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
SEC. 501. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall complete a study of
routes for the Silver State Off-Highway Vehicle Trail (referred
to in this section as the ``Trail'').
(2) Preferred route.--Based on the study conducted under
paragraph (1), the Secretary, in consultation with the State,
the County, and any interested persons, shall identify the
preferred route for the Trail.
(b) Designation of Trail.--
(1) In general.--Subject to paragraph (2), not later than
90 days after the date on which the study is completed under
subsection (a), the Secretary shall designate the Trail.
(2) Limitations.--The Secretary shall designate the Trail
only if the Secretary--
(A) determines that the route of the Trail would
not have significant negative impacts on wildlife,
natural, or cultural resources; and
(B) ensures that the Trail designation--
(i) is an effort to extend the Silver State
Off-Highway Vehicle Trail designated under
section 401(b) of the Lincoln County
Conservation, Recreation, and Development Act
of 2004 (16 U.S.C. 1244 note; Public Law 108-
424); and
(ii) is limited to--
(I) 1 route that generally runs in
a north-south direction; and
(II) 1 potential spur running west.
(c) Management.--
(1) In general.--The Secretary shall manage the Trail in a
manner that--
(A) is consistent with any motorized and mechanized
uses of the Trail that are authorized on the date of
enactment of this Act under applicable Federal and
State laws (including regulations);
(B) ensures the safety of the individuals who use
the Trail; and
(C) does not damage sensitive wildlife habitat,
natural, or cultural resources.
(2) Management plan.--
(A) In general.--Not later than 2 years after the
date of designation of the Trail, the Secretary, in
consultation with the State, the County, and any other
interested persons, shall complete a management plan
for the Trail.
(B) Components.--The management plan shall--
(i) describe the appropriate uses and
management of the Trail;
(ii) authorize the use of motorized and
mechanized vehicles on the Trail; and
(iii) describe actions carried out to
periodically evaluate and manage the
appropriate levels of use and location of the
Trail to minimize environmental impacts and
prevent damage to cultural resources from the
use of the Trail.
(3) Monitoring and evaluation.--
(A) Annual assessment.--The Secretary shall
annually assess--
(i) the effects of the use of off-highway
vehicles on the Trail to minimize environmental
impacts and prevent damage to cultural
resources from the use of the Trail; and
(ii) in consultation with the Nevada
Department of Wildlife, the effects of the
Trail on wildlife and wildlife habitat to
minimize environmental impacts from the use of
the Trail.
(B) Closure.--The Secretary, in consultation with
the State and the County and subject to subparagraph
(C), may temporarily close or permanently reroute a
portion of the Trail if the Secretary determines that--
(i) the Trail is having an adverse impact
on--
(I) wildlife habitats;
(II) natural resources; or
(III) 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.--Any portion of the Trail that is
temporarily closed may be permanently rerouted along
existing roads and trails on public land open to
motorized use if the Secretary determines that
rerouting the portion of the Trail would not
significantly increase or decrease the length of the
Trail.
(D) Notice.--The Secretary shall provide
information to the public with respect to any routes on
the Trail that are closed under subparagraph (B),
including through the provision of appropriate signage
along the Trail.
(4) Notice of open routes.--The Secretary shall ensure that
visitors to the Trail have access to adequate notice relating
to the routes on the Trail that are open through--
(A) the provision of appropriate signage along the
Trail; and
(B) the distribution of maps, safety education
materials, and any other information that the Secretary
determines to be appropriate.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing
in this section affects the ownership or management of, or other rights
relating to, non-Federal land or interests in non-Federal land.
TITLE VI--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE
TRIBE.
SEC. 601. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY SHOSHONE
TRIBE.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b), including any improvements on, and appurtenances to,
the land--
(1) shall be held in trust by the United States for the
benefit of the Ely Shoshone Tribe (referred to in this section
as the ``Tribe''); and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of the 4 parcels of a total of approximately 3,536 acres of
land that are identified on the Ely, Nevada Area map dated August 1,
2006, and the Northern White Pine County map dated August 1, 2006, as
the ``Ely Shoshone Tribe Reservation''.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Bureau of Land Management shall complete a survey of the
boundary lines to establish the boundaries of the trust land.
(d) Conditions.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be--
(A) considered to have been taken into trust for
gaming (as that term is used in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)); and
(B) used for gaming.
(2) Trust land for ceremonial use.--With respect to the use
of the land identified on the map as ``Ely Shoshone Tribe
Reservation Parcel #3'', the Tribe--
(A) shall limit the use of the surface of the land
to traditional and customary uses and stewardship
conservation for the benefit of the Tribe; and
(B) shall not permit any permanent residential or
recreational development on, or commercial use of, the
surface of the land, including commercial development
or gaming.
(3) Thinning; landscape restoration.--With respect to land
taken into trust under subsection (a), the Forest Service and
the Bureau of Land Management may, in consultation and
coordination with the Tribe, carry out any thinning and other
landscape restoration work on the trust land that is beneficial
to the Tribe and the Forest Service or the Bureau of Land
Management.
TITLE VII--EASTERN NEVADA LANDSCAPE RESTORATION PROJECT.
SEC. 701. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) there is an increasing threat of wildfire in the Great
Basin;
(2) those wildfires--
(A) endanger homes and communities;
(B) damage or destroy watersheds and soils; and
(C) pose a serious threat to the habitat of
threatened and endangered species;
(3) forest land and rangeland in the Great Basin are
degraded as a direct consequence of land management practices
(including practices to control and prevent wildfires) that
disrupt the occurrence of frequent low-intensity fires that
have periodically removed flammable undergrowth; and
(4) rigorous, understandable, and applied scientific
information is needed in the Great Basin for--
(A) the design, implementation, and adaptation of
landscape-scale restoration treatments; and
(B) the improvement of wildfire management
technology and practices.
(b) Purposes.--The purposes of this title are to--
(1) support the Great Basin Restoration Initiative through
the implementation of the Eastern Nevada Landscape Restoration
Project; and
(2) ensure resilient and healthy ecosystems in the Great
Basin by restoring native plant communities and natural mosaics
on the landscape that function within the parameters of natural
fire regimes.
SEC. 702. DEFINITIONS.
In this title:
(1) Initiative.--The term ``Initiative'' means the Great
Basin Restoration Initiative.
(2) Project.--The term ``Project'' means the Eastern Nevada
Landscape Restoration Project authorized under section 703(a).
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 703. RESTORATION PROJECT.
(a) In General.--In accordance with all applicable Federal laws,
the Secretaries shall carry out the Eastern Nevada Landscape
Restoration Project to--
(1) implement the Initiative; and
(2) restore native rangelands and native woodland
(including riparian and aspen communities) in White Pine and
Lincoln Counties in the State.
(b) Grants; Cooperative Agreement.--In carrying out the Project--
(1) the Secretaries may make grants to the Eastern Nevada
Landscape Coalition and the Great Basin Institute for the study
and restoration of rangeland and other land in the Great
Basin--
(A) to assist in--
(i) reducing hazardous fuels; and
(ii) restoring native rangeland and
woodland; and
(B) for other related purposes; and
(2) notwithstanding sections 6301 through 6308, of title
31, United States Code, the Director of the Bureau of Land
Management may enter into a cooperative agreement with the
Eastern Nevada Landscape Coalition and the Great Basin
Institute to provide for the conduct of scientific analyses,
hazardous fuels and mechanical treatments, and related work.
(c) Research Facility.--The Secretaries may conduct a feasibility
study on the potential establishment of an interagency science center,
including a research facility and experimental rangeland in the eastern
portion of the State.
(d) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat.
2007; 118 Stat. 2414) is amended--
(1) by redesignating clause (viii) as clause (ix); and
(2) by inserting after clause (vii) the following:
``(viii) to carry out the Eastern Nevada
Landscape Restoration Project in White Pine
County, Nevada and Lincoln County, Nevada;
and''.
TITLE VIII--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT
ACT OF 1998
SEC. 801. FINDINGS.
Section 2(a)(3) of the Southern Nevada Public Land Management Act
of 1998 (Public Law 105-263; 112 Stat. 2343) is amended by inserting
``the Sloan Canyon National Conservation Area,'' before ``and the
Spring Mountains''.
SEC. 802. DEFINITIONS.
Section 3(6) of the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2344) is amended by inserting ``the
Clean Water Coalition,'' before ``and the Clark County Sanitation
District''.
SEC. 803. AVAILABILITY OF SPECIAL ACCOUNT.
Section 4(e) of the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat.
1317; 118 Stat. 2414) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``may be expended'' and
inserting ``shall be expended'';
(ii) in clause (iii), by inserting ``and
implementation'' before ``of a multispecies
habitat'';
(iii) in clause (iv), by inserting ``Washoe
County (subject to paragraph (4)) and'' before
``Lincoln County'';
(iv) in clause (vii)--
(I) by striking ``for development''
and inserting ``development''; and
(II) by striking ``and'' at the
end;
(v) by redesignating clauses (viii) and
(ix) (as amended by section 703(d)) as clauses
(xii) and (xiii);
(vi) by inserting after clause (vii) the
following:
``(viii) reimbursement of any costs
incurred by the Bureau of Land Management or
any other Federal agency to clear and protect
land that is--
``(I) located in the disposal
boundary described in subsection (a);
and
``(II) designated for sale, lease,
conveyance, or disposal;
``(ix) development and implementation of a
comprehensive, cost-effective,
multijurisdictional hazardous fuels reduction
and wildfire prevention plan (including
sustainable biomass and biofuels energy
development and production activities) for the
Lake Tahoe Basin (including the Carson Range in
Douglas and Washoe Counties and Carson City in
the State of Nevada), and the Spring Mountains,
in the State of Nevada, that are--
``(I) subject to approval by the
Secretary of Agriculture or Secretary
of Interior, as appropriate; and
``(II) not more than 10 years in
duration;
``(x) payments to a regional governmental
entity in Clark County, Nevada, for an
established program to compensate public
institutions for the permanent removal of turf
and other vegetation to expand water
conservation;
``(xi) payments to a regional governmental
entity in Clark County, Nevada, for water
quality improvements relating to the Las Vegas
Wash, Las Vegas Bay, and Lake Mead through
management of wastewater effluent in the Las
Vegas Valley known as the `Systems Conveyance
and Operations Program'; and'';
(vii) in clause (xii) (as redesignated by
clause (v)), striking ``and'' at the end;
(viii) in clause (xiii) (as redesignated by
clause (v))--
(I) by inserting ``or other Federal
agencies'' before ``in arranging''; and
(II) by striking the period at the
end and inserting ``; and''; and
(ix) by adding at the end the following:
``(xiv) development of any park
administered by the State of Nevada in Clark
County.''; and
(B) by inserting after subparagraph (C) the
following:
``(D) Transfer requirement.--Notwithstanding any
other provision of law--
``(i) for amounts that have been authorized
for expenditure under subparagraph (A)(iv) but
not transferred as of the date of enactment of
this subparagraph, the Secretary shall, not
later than 60 days after a request for funds
from the applicable unit of local government or
regional governmental entity, transfer to the
applicable unit of local government or regional
governmental entity the amount authorized for
the expenditure; and
``(ii) for expenditures authorized under
subparagraph (A)(iv) that are approved by the
Secretary, the Secretary shall, not later than
60 days after a request for funds from the
applicable unit of local government or regional
governmental entity, transfer to the applicable
unit of local government or regional
governmental entity the amount approved for
expenditure.''; and
(2) by adding at the end the following:
``(4) Limitation for washoe county.--Until December 31,
2011, Washoe County shall be eligible to nominate for
expenditure amounts to acquire land (not to exceed 250 acres)
and develop 1 regional park and natural area.''.
SEC. 804. AFFORDABLE HOUSING.
Section 7 of the Southern Nevada Public Land Management Act of 1998
(Public Law 105-263; 112 Stat. 2349) is amended by striking subsection
(b) and inserting the following:
``(b) Affordable Housing.--
``(1) Definition of affordable housing.--In this
subsection, the term `affordable housing' means housing that
serves individuals or families with an income of not more than
120 percent of the median income, as determined by the
Secretary of Housing and Urban Development.
``(2) Housing.--
``(A) In general.--In accordance with section 203
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713), the Secretary shall make available
for affordable housing purposes land in the State of
Nevada--
``(i) for less than fair market value; and
``(ii) under any terms and conditions that
the Secretary determines to be appropriate.
``(B) Guidelines.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall publish or issue guidelines to carry out this
paragraph.
``(3) Reservation for affordable housing.--
``(A) In general.--If any sale of land under
section 4(a) involves more than 200 acres, at least 5
percent of the total housing units on the land conveyed
shall be developed for affordable housing.
``(B) City and county requirements.--
``(i) In general.--Not later than 120 days
before the date of a sale of land described in
subparagraph (A), the applicable unit of local
government shall publish rules for the
implementation of the affordable housing to be
developed on the land.
``(ii) Dispersal of housing.--The
applicable unit of local government shall, to
the maximum extent practicable, encourage mixed
income development when publishing rules under
clause (i) throughout each housing project.
``(4) Enforcement.--
``(A) In general.--Subject to subparagraph (B),
from the date on which a transfer of land is complete
under section 4(a), the Secretary of Housing and Urban
Development shall enforce each requirement of this
section.
``(B) Alternative enforcement arrangement.--The
Secretary of Housing and Urban Development and the
applicable unit of local government may agree to an
alternative enforcement arrangement.''.
TITLE IX--GREAT BASIN HERITAGE ROUTE
SEC. 901. SHORT TITLE.
This title may be cited as the ``Great Basin National Heritage
Route Act''.
SEC. 902. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the natural, cultural, and historic heritage of the
North American Great Basin is nationally significant;
(2) communities along the Great Basin Heritage Route
(including the towns of Delta, Utah, Ely, Nevada, and the
surrounding communities) are located in a classic western
landscape that contains long natural vistas, isolated high
desert valleys, mountain ranges, ranches, mines, historic
railroads, archaeological sites, and tribal communities;
(3) the Native American, pioneer, ranching, mining, timber,
and railroad heritages associated with the Great Basin Heritage
Route include the social history and living cultural traditions
of a rich diversity of nationalities;
(4) the pioneer, Mormon, and other religious settlements,
and ranching, timber, and mining activities of the region
played and continue to play a significant role in the
development of the United States, shaped by--
(A) the unique geography of the Great Basin;
(B) an influx of people of Greek, Chinese, Basque,
Serb, Croat, Italian, and Hispanic descent; and
(C) a Native American presence (Western Shoshone,
Northern and Southern Paiute, and Goshute) that
continues in the Great Basin today;
(5) the Great Basin housed internment camps for Japanese-
American citizens during World War II, 1 of which, Topaz, was
located along the Heritage Route;
(6) the pioneer heritage of the Heritage Route includes the
Pony Express route and stations, the Overland Stage, and many
examples of 19th century exploration of the western United
States;
(7) the Native American heritage of the Heritage Route
dates back thousands of years and includes--
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont culture;
and
(D) communities of Western Shoshone, Paiute, and
Goshute tribes;
(8) the Heritage Route contains multiple biologically
diverse ecological communities that are home to exceptional
species such as--
(A) bristlecone pines, the oldest living trees in
the world;
(B) wildlife adapted to harsh desert conditions;
(C) unique plant communities, lakes, and streams;
and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage Route is
among the best in the United States, and the clear air permits
outstanding viewing of the night skies;
(10) the Heritage Route includes unique and outstanding
geologic features such as numerous limestone caves, classic
basin and range topography with playa lakes, alluvial fans,
volcanics, cold and hot springs, and recognizable features of
ancient Lake Bonneville;
(11) the Heritage Route includes an unusual variety of open
space and recreational and educational opportunities because of
the great quantity of ranching activity and public land
(including city, county, and State parks, national forests,
Bureau of Land Management land, and a national park);
(12) there are significant archaeological, historical,
cultural, natural, scenic, and recreational resources in the
Great Basin to merit the involvement of the Federal Government
in the development, in cooperation with the Great Basin
Heritage Route Partnership and other local and governmental
entities, of programs and projects to--
(A) adequately conserve, protect, and interpret the
heritage of the Great Basin for present and future
generations; and
(B) provide opportunities in the Great Basin for
education; and
(13) the Great Basin Heritage Route Partnership shall serve
as the local coordinating entity for a Heritage Route
established in the Great Basin.
(b) Purposes.--The purposes of this title are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
within White Pine County, Nevada, Millard County, Utah, and the
Duckwater Shoshone Reservation;
(2) to enable communities referred to in paragraph (1) to
conserve their heritage while continuing to develop economic
opportunities; and
(3) to conserve, interpret, and develop the archaeological,
historical, cultural, natural, scenic, and recreational
resources related to the unique ranching, industrial, and
cultural heritage of the Great Basin, in a manner that promotes
multiple uses permitted as of the date of enactment of this
Act, without managing or regulating land use.
SEC. 903. DEFINITIONS.
In this title:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin.
(2) Heritage route.--The term ``Heritage Route'' means the
Great Basin National Heritage Route established by section
904(a).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the Great Basin Heritage Route
Partnership established by section 904(c).
(4) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 906(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 904. GREAT BASIN NATIONAL HERITAGE ROUTE.
(a) Establishment.--There is established the Great Basin National
Heritage Route to provide the public with access to certain historical,
cultural, natural, scenic, and recreational resources in White Pine
County, Nevada, Millard County, Utah, and the Duckwater Shoshone
Reservation in the State of Nevada, as designated by the local
coordinating entity.
(b) Boundaries.--The local coordinating entity shall determine the
specific boundaries of the Heritage Route.
(c) Local Coordinating Entity.--
(1) In general.--The Great Basin Heritage Route Partnership
shall serve as the local coordinating entity for the Heritage
Route.
(2) Board of directors.--The Great Basin Heritage Route
Partnership shall be governed by a board of directors that
consists of--
(A) 4 members who are appointed by the Board of
County Commissioners for Millard County, Utah;
(B) 4 members who are appointed by the Board of
County Commissioners for White Pine County, Nevada; and
(C) a representative appointed by each Native
American Tribe participating in the Heritage Route.
SEC. 905. MEMORANDUM OF UNDERSTANDING.
(a) In General.--In carrying out this title, the Secretary, in
consultation with the Governors of the States of Nevada and Utah and
the tribal government of each Indian tribe participating in the
Heritage Route, shall enter into a memorandum of understanding with the
local coordinating entity.
(b) Inclusions.--The memorandum of understanding shall include
information relating to the objectives and management of the Heritage
Route, including--
(1) a description of the resources of the Heritage Route;
(2) a discussion of the goals and objectives of the
Heritage Route, including--
(A) an explanation of the proposed approach to
conservation, development, and interpretation; and
(B) a general outline of the anticipated protection
and development measures;
(3) a description of the local coordinating entity;
(4) a list and statement of the financial commitment of the
initial partners to be involved in developing and implementing
the management plan; and
(5) a description of the role of the States of Nevada and
Utah in the management of the Heritage Route.
(c) Additional Requirements.--In developing the terms of the
memorandum of understanding, the Secretary and the local coordinating
entity shall--
(1) provide opportunities for local participation; and
(2) include terms that ensure, to the maximum extent
practicable, timely implementation of all aspects of the
memorandum of understanding.
(d) Amendments.--
(1) In general.--The Secretary shall review any amendments
of the memorandum of understanding proposed by the local
coordinating entity or the Governor of the State of Nevada or
Utah.
(2) Use of funds.--Funds made available under this title
shall not be expended to implement a change made by a proposed
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 906. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this title, the local
coordinating entity shall develop and submit to the Secretary for
approval a management plan for the Heritage Route that--
(1) specifies--
(A) any resources designated by the local
coordinating entity under section 904(a); and
(B) the specific boundaries of the Heritage Route,
as determined under section 904(b); and
(2) presents clear and comprehensive recommendations for
the conservation, funding, management, and development of the
Heritage Route.
(b) Considerations.--In developing the management plan, the local
coordinating entity shall--
(1) provide for the participation of local residents,
public agencies, and private organizations located within the
counties of Millard County, Utah, White Pine County, Nevada,
and the Duckwater Shoshone Reservation in the protection and
development of resources of the Heritage Route, taking into
consideration State, tribal, county, and local land use plans
in existence on the date of enactment of this Act;
(2) identify sources of funding;
(3) include--
(A) a program for implementation of the management
plan by the local coordinating entity, including--
(i) plans for restoration, stabilization,
rehabilitation, and construction of public or
tribal property; and
(ii) specific commitments by the identified
partners referred to in section 905(b)(4) for
the first 5 years of operation; and
(B) an interpretation plan for the Heritage Route;
and
(4) develop a management plan that will not infringe on
private property rights without the consent of the owner of the
private property.
(c) Failure to Submit.--If the local coordinating entity fails to
submit a management plan to the Secretary in accordance with subsection
(a), the Heritage Route shall no longer qualify for Federal funding.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of a
management plan under subsection (a), the Secretary, in
consultation with the Governors of the States of Nevada and
Utah, shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve a
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from a diversity of
landowners, business interests, nonprofit
organizations, and governments associated with the
Heritage Route;
(B) is consistent with and complements continued
economic activity along the Heritage Route;
(C) has a high potential for effective partnership
mechanisms;
(D) avoids infringing on private property rights;
and
(E) provides methods to take appropriate action to
ensure that private property rights are observed.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(e) Implementation.--On approval of the management plan as provided
in subsection (d)(1), the local coordinating entity, in conjunction
with the Secretary, shall take appropriate steps to implement the
management plan.
(f) Amendments.--
(1) In general.--The Secretary shall review each amendment
to the management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this title
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 907. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.
(a) Authorities.--The local coordinating entity may, for purposes
of preparing and implementing the management plan, use funds made
available under this title to--
(1) make grants to, and enter into cooperative agreements
with, a State (including a political subdivision), an Indian
tribe, a private organization, or any person; and
(2) hire and compensate staff.
(b) Duties.--In addition to developing the management plan, the
local coordinating entity shall--
(1) give priority to implementing the memorandum of
understanding and the management plan, including taking steps
to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) establishing and maintaining
interpretive exhibits along the Heritage Route;
(ii) developing recreational resources
along the Heritage Route;
(iii) increasing public awareness of and
appreciation for the archaeological,
historical, cultural, natural, scenic, and
recreational resources and sites along the
Heritage Route; and
(iv) if requested by the owner, restoring,
stabilizing, or rehabilitating any private,
public, or tribal historical building relating
to the themes of the Heritage Route;
(B) encourage economic viability and diversity
along the Heritage Route in accordance with the
objectives of the management plan; and
(C) encourage the installation of clear,
consistent, and environmentally appropriate signage
identifying access points and sites of interest along
the Heritage Route;
(2) consider the interests of diverse governmental,
business, and nonprofit groups associated with the Heritage
Route;
(3) conduct public meetings in the region of the Heritage
Route at least semiannually regarding the implementation of the
management plan;
(4) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for
approval by the Secretary; and
(5) for any year for which Federal funds are received under
this title--
(A) submit to the Secretary a report that
describes, for the year--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) each entity to which any loan or
grant was made;
(B) make available for audit all records pertaining
to the expenditure of the funds and any matching funds;
and
(C) require, for all agreements authorizing the
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
pertaining to the expenditure of the funds.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
this title to acquire real property or any interest in real property.
(d) Prohibition on the Regulation of Land Use.--The local
coordinating entity shall not regulate land use within the Heritage
Route.
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, on request of the local
coordinating entity, provide technical and financial assistance
to develop and implement the management plan and memorandum of
understanding.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall, on request of the local
coordinating entity, give priority to actions that assist in--
(A) conserving the significant archaeological,
historical, cultural, natural, scenic, and recreational
resources of the Heritage Route; and
(B) providing education, interpretive, and
recreational opportunities, and other uses consistent
with those resources.
(b) Application of Federal Law.--The establishment of the Heritage
Route shall have no effect on the application of any Federal law to any
property within the Heritage Route.
SEC. 909. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) Land Use Regulation.--Nothing in this title--
(1) modifies, enlarges, or diminishes any authority of the
Federal, State, tribal, or local government to regulate by law
(including by regulation) any use of land; or
(2) grants any power of zoning or land use to the local
coordinating entity.
(b) Applicability of Federal Law.--Nothing in this title--
(1) imposes on the Heritage Route, as a result of the
designation of the Heritage Route, any regulation that is not
applicable to the area within the Heritage Route as of the date
of enactment of this Act; or
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the
designation of the Heritage Route under this title.
SEC. 910. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of any
activity assisted under this title shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share may
be in the form of in-kind contributions, donations, grants, and
loans from individuals and State or local governments or
agencies.
SEC. 911. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8303-8304)
Read twice and referred to the Committee on Energy and Natural Resources.
Sponsor introductory remarks on measure. (CR S8603-8604)
Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held. With printed Hearing: S.Hrg. 109-792.
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