Northern Nevada Land Conservation and Economic Development Act - Title I: Pine Forest Range Recreation Enhancement Act - Pine Forest Range Recreation Enhancement Act - (Sec. 103) Designates approximately 26,000 acres of land managed by the Bureau of Land Management (BLM) in Humboldt County, Nevada, as the Pine Forest Range Wilderness.
Removes the Little Onion Basin from the boundaries of the Wilderness and from designation as wilderness.
Withdraws the Wilderness from: (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
(Sec. 104) Allows livestock grazing already established in the Wilderness to continue.
Authorizes the Department of the Interior to take measures in the Wilderness determined necessary to control fire, insects, and diseases.
Requires the Secretary, with respect to the Wilderness, to follow the procedural and substantive requirements of state law in order to obtain and hold any water rights not already in existence.
Prohibits the President, or any U.S. officer, employee, or agent, from funding, assisting, authorizing, or issuing a license or permit for the development of any new water resource facility within any portion of the Wilderness in Humboldt County.
(Sec. 105) Releases certain other land in the county from study as a wilderness area.
(Sec. 106) Authorizes Interior to conduct any management activities in the Wilderness necessary for the maintenance or restoration of fish and wildlife populations and the habitats to support them.
Permits the state to continue using aircraft, including helicopters, to provide water for wildlife in the Wilderness.
Permits the state (including a designee) to conduct wildlife management activities in the Wilderness: (1) in accordance with the terms and conditions in a specified cooperative management agreement between the Secretary of the Interior and the state, and (2) subject to all applicable laws (including regulations).
(Sec. 107) Authorizes land exchanges involving federal and non-federal lands in the county.
Expresses the intent of Congress that such land exchanges be completed within five years of enactment of this Act.
(Sec. 108) Declares that nothing in this title alters or diminishes the treaty rights of any Indian tribe.
Title II: Lyon County Economic Development and Conservation Act - Lyon County Economic Development and Conservation Act - (Sec. 202) Directs Interior to convey to Yerington, Nevada, land in Lyon and Mineral Counties, Nevada.
(Sec. 203) Designates approximately 47,449 acres of land managed by the Forest Service as the Wovoka Wilderness.
Withdraws the Wilderness from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
Allows livestock grazing already established in the Wilderness to continue.
Authorizes the Department of the Interior to take measures in the Wilderness determined to be necessary to control fire, insects, and diseases.
Requires the Secretary, with respect to the Wilderness, to follow the procedural and substantive requirements of state law in order to obtain and hold any water rights not already in existence.
Prohibits either the President or any U.S. officer, employee, or agent from funding, assisting, authorizing, or issuing a license or permit for the development of any new water resource facility within any portion of the Wilderness in Lyon County.
Directs the Secretary to issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for livestock grazing activities if a permittee within the allotment applies within ten years after enactment of this Act for development of water resources to water livestock.
Authorizes the Interior to conduct any management activities in the Wilderness necessary for the maintenance or restoration of fish and wildlife populations and the habitats to support them.
Allows the state to continue using aircraft, including helicopters, to provide water for wildlife populations in the Wilderness.
Permits the state (including a designee) to conduct wildlife management activities in the Wilderness: (1) in accordance with the terms and conditions in a specified cooperative management agreement between the Secretary and the state, and (2) subject to all applicable laws (including regulations).
Requires the Secretary to authorize structures and facilities, including existing ones, for wildlife water development projects (including guzzlers) in the Wilderness, if they meet certain criteria.
(Sec. 204) Withdraws all specified federal land administered by the Forest Service from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral laws, geothermal leasing laws, and mineral materials laws.
Permits the use of motorized and mechanical vehicles (except aircraft, including helicopters) in the Withdrawal Area only on roads and trails designated for their use, unless the use of such vehicles is needed for administrative purposes or to respond to an emergency.
(Sec. 205) Declares that nothing in this title alters or diminishes the treaty rights of any Indian tribe.
Title III: Carlin Economic Self-Determination Act - (Sec. 301) Directs Interior to convey approximately 1,329 acres of land to Carlin, Nevada.
Releases the United States from all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative), solid waste, mine materials, or mining related features existing on the land.
Withdraws the land identified for conveyance from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
Title IV: Fernley Economic Self-Determination Act - (Sec. 402) Directs Interior to convey specified land to Fernley, Nevada.
Permits Fernley and the Bureau of Reclamation to retain easements or rights-of-way on the land to be conveyed, including easements or rights-of-way necessary to carry out the operation and maintenance of the Truckee Canal Irrigation District Canal or the Newlands Project.
(Sec. 403) Releases the United States from all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative), solid waste, mine materials, or mining related features existing on the land.
Title V: Restoring Storey County Act - Restoring Storey County Act - (Sec. 503) Directs the BLM to convey approximately 1,745 acres of land to Storey County, Nevada.
Title VI: Elko Motocross and Tribal Conveyance Act -Elko Motocross and Tribal Conveyance Act - Subtitle A: Elko Motocross Land Conveyance - (Sec. 612) Directs the BLM to convey approximately 275 acres of BLM land to Elko County, Nevada, for: (1) a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) other public purpose consistent with the Recreation and Public Purposes Act.
Subtitle B: Trust Land for Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band) - (Sec. 621) Holds approximately 373 acres of BLM land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation.
Prohibits certain gaming on such land. Limits use of such land to: (1) traditional and customary uses, (2) stewardship conservation for the benefit of the Tribe, and (3) residential or recreational development. Requires the Tribe to pay the Secretary the fair market value of any portion of such land used for another purpose.
Permits Interior to carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the BLM.
Title VII: Naval Air Station Fallon Housing and Safety Development Act - Naval Air Station Fallon Housing and Safety Development Act - (Sec. 702) Directs Interior to transfer to the Navy approximately 400 acres of land adjacent to Naval Air Station Fallon in Churchill County, Nevada.
(Sec. 704) Withdraws the land to be transferred under this Act from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, so long as such land remains under the administrative jurisdiction of the Secretary of the Navy.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5205 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5205
To authorize certain land conveyances involving public lands in
northern Nevada to promote economic development and conservation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2014
Mr. Amodei (for himself, Mr. Horsford, Mr. Heck of Nevada, and Ms.
Titus) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize certain land conveyances involving public lands in
northern Nevada to promote economic development and conservation, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northern Nevada
Land Conservation and Economic Development Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Addition to National Wilderness Preservation System.
Sec. 104. Administration.
Sec. 105. Release of wilderness study areas.
Sec. 106. Wildlife management.
Sec. 107. Land exchanges.
Sec. 108. Native American cultural and religious uses.
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
Sec. 201. Short title; table of contents.
Sec. 202. Land conveyance to Yerington, Nevada.
Sec. 203. Addition to National Wilderness Preservation System.
Sec. 204. Withdrawal.
Sec. 205. Native American cultural and religious uses.
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
Sec. 401. Definitions.
Sec. 402. Conveyance of certain Federal land to City of Fernley,
Nevada.
Sec. 403. Release of United States.
TITLE V--RESTORING STOREY COUNTY ACT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Conveyance of Federal land in Storey County, Nevada.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
Sec. 601. Short title.
Sec. 602. Definition of Secretary.
Subtitle A--Elko Motocross Land Conveyance
Sec. 611. Definitions.
Sec. 612. Conveyance of land to Elko County.
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada
Sec. 621. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada.
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
Sec. 701. Short title.
Sec. 702. Transfer of Department of the Interior land.
Sec. 703. Water rights.
Sec. 704. Withdrawal.
TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pine Forest Range Recreation
Enhancement Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Humboldt County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Pine Forest Range Wilderness Area'' and dated
October 28, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the Pine
Forest Range Wilderness designated by section 103(a).
SEC. 103. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal
land managed by the Bureau of Land Management, as generally depicted on
the Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Pine Forest Range
Wilderness''.
(b) Boundary.--
(1) Road access.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 100 feet from
the edge of the road.
(2) Road adjustments.--The Secretary shall--
(A) reroute the road running through Long Meadow to
the west to remove the road from the riparian area;
(B) reroute the road currently running through
Rodeo Flat/Corral Meadow to the east to remove the road
from the riparian area;
(C) except for administrative use, close the road
along Lower Alder Creek south of Bureau of Land
Management road #2083;
(D) manage the access road, through Little Onion
Basin, on the east side of the wet meadow to retain
travel only on the road existing on the date of the
enactment of this Act; and
(E) permanently leave open the Cove Creek road to
Little Onion Basin, but close connecting spur roads.
(3) Little onion basin.--Remove Little Onion Basin from the
boundaries of the Wilderness and from wilderness designation.
(4) Reservoir access.--The access road to the Little Onion
Reservoir dam will remain open and the boundary of the
Wilderness shall be 160 feet downstream from the dam at Little
Onion Reservoir to allow public access and dam maintenance.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the Wilderness
is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 104. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
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 the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the Wilderness, if
established before the date of enactment of this Act, is compatible
with the Wilderness designation and shall continue, subject to such
reasonable regulations, policies, and practices as the Secretary
considers to be necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the Wilderness to create a protective perimeter
or buffer zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen, heard, or detected from areas
within the Wilderness shall not preclude, limit, control,
regulate or determine the conduct or management of the
activities or uses outside the boundary of the Wilderness.
(d) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military overflights that can be seen,
heard, or detected within the Wilderness;
(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.
(e) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may take such measures in the Wilderness as are necessary for
the control of fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of the activities with a
State or local agency).
(f) Wildfire Management Operations.--Nothing in this Act shall be
construed to preclude a Federal, State, or local agency from conducting
wildfire management or prevention operations (including operations
using aircraft or mechanized equipment) or to interfere with the
authority of the Secretary to authorize mechanical thinning of trees or
underbrush to prevent or control the spread of wildfires or the use of
mechanized equipment for wildfire pre-suppression and suppression.
(g) Water Rights.--
(1) Purpose.--The purpose of this section is to protect the
wilderness recreation value of the land designated as
wilderness by this title by means other than a federally
reserved water right.
(2) Statutory construction.--Nothing in this title--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to Wilderness;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the Wilderness.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the
term ``water resource facility'' means
irrigation and pumping facilities, reservoirs,
water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities,
and other water diversion, storage, and
carriage structures.
(ii) Exclusion.--In this paragraph, the
term ``water resource facility'' does not
include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this title, on or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within a wilderness area,
any portion of which is located in the County.
SEC. 105. RELEASE OF WILDERNESS STUDY AREAS.
(a) In General.--The Blue Lakes and Alder Creek wilderness study
areas not designated as wilderness by section 104(a) have been
adequately studied for wilderness character and wilderness designation
pursuant to section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782) and are no longer subject to any requirement
pertaining to the management of wilderness or wilderness study areas,
including the approximately 990 acres in the following locations:
(1) Lower Adler Creek Basin.
(2) Little Onion Basin.
(3) Lands east of Knott Creek reservoir.
(4) Portions of Corral Meadow and the Blue Lakes trailhead.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this Act--
(1) is no longer subject to--
(A) section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) Secretarial Order 3310 issued on December 22,
2010;
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712), with strict adherence to the provisos
of subsection (b)(1) in this section; and
(B) cooperative conservation agreements in
existence on the date of enactment of this Act; and
(3) shall be subject to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 106. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting, fishing, and
trapping, in the Wilderness.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the Wilderness that
are necessary to maintain or restore fish and wildlife populations and
the habitats to support those populations, if the activities are
carried out--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405), including the
occasional and temporary use of motorized vehicles if
the use, as determined by the Secretary, would promote
healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness
recreation with the minimal impact necessary to
reasonably accomplish those tasks, including but not
limited to, the hunting or culling of wildlife and
access for persons with disabilities.
(c) Existing Activities.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of the
report of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide water
for wildlife in the Wilderness.
(d) Emergency Closures.--Nothing in this title prohibits a Federal
land management agency from establishing or implementing emergency
closures or restrictions of the smallest practicable area to provide
for public safety, resource conservation, national security, or other
purposes as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, but no longer than one
year, unless converted to a permanent closure consistent with Federal
statute.
(e) Memorandum of Understanding.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by
the Secretary and the State; and
(B) subject to all applicable laws (including
regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered to
be a reference to the Pine Forest Range Wilderness.
SEC. 107. LAND EXCHANGES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means Federal
land in the County that is identified for disposal by the
Secretary through the Winnemucca Resource Management Plan.
(2) Non-federal land.--The term ``non-Federal land'' means
land identified on the Map as ``non-Federal lands for
exchange''.
(b) Acquisition of Land and Interests in Land.--Consistent with
applicable law and subject to subsection (c), the Secretary may
exchange the Federal land for non-Federal land.
(c) Conditions.--Each land exchange under subsection (a) shall be
subject to--
(1) the condition that the owner of the non-Federal land
pay not less than 50 percent of all costs relating to the land
exchange, including the costs of appraisals, surveys, and any
necessary environmental clearances; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section be completed by not
later than 5 years after the date of enactment of this Act.
SEC. 108. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this Act alters or diminishes the treaty rights of any
Indian tribe (as defined in section 204 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the ``Lyon County Economic Development
and Conservation Act''.
SEC. 202. LAND CONVEYANCE TO YERINGTON, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Yerington,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in Lyon County and Mineral County, Nevada, that is
identified on the map as ``City of Yerington Sustainable
Development Conveyance Lands''.
(3) Map.--The term ``map'' means the map entitled
``Yerington Land Conveyance'' and dated December 19, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyances of Land to City of Yerington, Nevada.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, subject to valid existing rights and
notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the
City, subject to the agreement of the City, all right, title,
and interest of the United States in and to the Federal land
identified on the map.
(2) Appraisal to determine fair market value.--The
Secretary shall determine the fair market value of the Federal
land to be conveyed--
(A) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in
accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisition; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(4) Applicable law.--Beginning on the date on which the
Federal land is conveyed to the City, the development of and
conduct of activities on the Federal land shall be subject to
all applicable Federal laws (including regulations).
(5) Costs.--As a condition of the conveyance of the Federal
land under paragraph (1), the City shall pay--
(A) an amount equal to the appraised value
determined in accordance with paragraph (2); and
(B) all costs related to the conveyance, including
all surveys, appraisals, and other administrative costs
associated with the conveyance of the Federal land to
the City under paragraph (1).
SEC. 203. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Lyon County, Nevada.
(2) Map.--The term ``map'' means the map entitled ``Wovoka
Wilderness Area'' and dated December 18, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the
approximately 47,449 acres to be known as the Wovoka Wilderness
designated by subsection (b)(1).
(b) Additions to National Wilderness Preservation System.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
managed by the Forest Service, as generally depicted on the
Map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
``Wovoka Wilderness''.
(2) Boundary.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 150 feet from
the centerline of the road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a map and legal description of the Wilderness.
(B) Effect.--The map and legal description prepared
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the
Secretary may correct any clerical and typographical
errors in the map or legal description.
(C) Availability.--Each map and legal description
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate
offices of the Forest Service.
(4) Withdrawal.--Subject to valid existing rights, the
Wilderness is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(c) Administration.--
(1) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act.
(2) Livestock.--The grazing of livestock in the Wilderness,
if established before the date of enactment of this Act, shall
continue, subject to such reasonable regulations, policies, and
practices as the Secretary considers to be necessary, in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (House Report 101-405).
(3) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen, heard, or
detected from areas within the Wilderness shall not
preclude, limit, control, regulate, or determine the
conduct of the activities or uses outside the boundary
of the Wilderness.
(4) Overflights.--Nothing in this section restricts or
precludes--
(A) low-level overflights of aircraft over the
Wilderness, including military overflights that can be
seen, heard, or detected within the Wilderness;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the Wilderness.
(5) Wildfire, insect, and disease management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take any measures in the
Wilderness that the Secretary determines to be necessary for
the control of fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of the
activities with a State or local agency.
(6) Water rights.--
(A) Purpose.--The purpose of this paragraph is to
protect the wilderness values of the Wilderness by
means other than a federally reserved water right.
(B) Statutory construction.--Nothing in this
paragraph--
(i) constitutes an express or implied
reservation by the United States of any water
or water rights with respect to the Wilderness;
(ii) affects any water rights in the State
(including any water rights held by the United
States) in existence on the date of enactment
of this Act;
(iii) establishes a precedent with regard
to any future wilderness designations;
(iv) affects the interpretation of, or any
designation made under, any other Act; or
(v) limits, alters, modifies, or amends any
interstate compact or equitable apportionment
decree that apportions water among and between
the State and other States.
(C) 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.
(D) New projects.--
(i) Definition of water resource
facility.--
(I) In general.--In this
subparagraph, the term ``water resource
facility'' means irrigation and pumping
facilities, reservoirs, water
conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower
projects, transmission and other
ancillary facilities, and other water
diversion, storage, and carriage
structures.
(II) Exclusion.--In this
subparagraph, the term ``water resource
facility'' does not include wildlife
guzzlers.
(ii) Restriction on new water resource
facilities.--
(I) In general.--Except as
otherwise provided in this section, on
or after the date of enactment of this
Act, no 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, any portion of which is
located in the County.
(II) Exception.--If a permittee
within the Bald Mountain grazing
allotment submits an application for
the development of water resources for
the purpose of livestock watering by
the date that is 10 years after the
date of enactment of this Act, the
Secretary shall issue a water
development permit within the non-
wilderness boundaries of the Bald
Mountain grazing allotment for the
purposes of carrying out activities
under paragraph (2).
(d) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section
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.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities in the
Wilderness that are necessary to maintain or restore fish and
wildlife populations and the habitats to support the
populations, if the activities are carried out--
(A) consistent with relevant wilderness management
plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) appropriate policies, such as those
set forth in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (House Report 101-
405), including the occasional and temporary
use of motorized vehicles and aircraft, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values with the minimal
impact necessary to reasonably accomplish those
tasks, including but not limited to, the
hunting or culling of wildlife and access for
persons with disabilities.
(3) 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
in the Wilderness.
(4) Emergency closures.--Nothing in this title prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the smallest
practicable area to provide for public safety, resource
conservation, national security, or other purposes as
authorized by law. Such an emergency closure shall terminate
after a reasonable period of time, unless converted to a
permanent closure consistent with Federal statute.
(5) Memorandum of understanding.--The State, including a
designee of the State, may conduct wildlife management
activities in the Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding: Intermountain Region USDA Forest Service
and the Nevada Department of Wildlife State of Nevada''
and signed by the designee of the State on February 6,
1984, and by the designee of the Secretary on January
24, 1984, including any amendments, appendices, or
additions to the agreement agreed to by the Secretary
and the State or a designee; and
(B) subject to all applicable laws (including
regulations).
(e) Wildlife Water Development Projects.--Subject to subsection
(c), the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects (including guzzlers) in the Wilderness 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 can reasonably be minimized.
SEC. 204. WITHDRAWAL.
(a) Definition of Withdrawal Area.--In this section, the term
``Withdrawal Area'' means the land administered by the Forest Service
and identified as ``Withdrawal Area'' on the map described in section
203(b)(2).
(b) 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.
(c) Motorized and Mechanical Vehicles.--
(1) In general.--Subject to paragraphs (2) and (3), use of
motorized and mechanical vehicles in the Withdrawal Area shall
be permitted only on roads and trails designated for the use of
those vehicles, unless the use of those vehicles is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(2) Exception.--Paragraph (1) does not apply to aircraft
(including helicopters).
SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty rights of any
Indian tribe.
TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT
SEC. 301. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF CARLIN, NEVADA.
(a) Definitions.--In this title:
(1) City.--The term ``City'' means the City of Carlin,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1329 acres of land located in the City of Carlin,
Nevada, that is identified on the map as ``Carlin Selected
Parcels''.
(3) Map.--The term ``map'' means the map entitled
``Proposed Carlin, Nevada Land Sales'' map dated October 25,
2013.
(b) Conveyance Required.--Subject to valid existing rights and
notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the
Federal land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States to
and in the Federal land.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Costs.--At closing for the conveyance authorized under
subsection (b) the City shall pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and administrative
personnel costs associated with the conveyance authorized under such
subsection, including the costs of title searches, maps, and boundary
and cadastral surveys.
(e) Release of United States.--Upon making the conveyance under
subsection (b), notwithstanding any other provision of law, the United
States is released from any and all liabilities or claims of any kind
or nature arising from the presence, release, or threat of release of
any hazardous substance, pollutant, contaminant, petroleum product (or
derivative of a petroleum product of any kind), solid waste, mine
materials or mining related features (including tailings, overburden,
waste rock, mill remnants, pits, or other hazards resulting from the
presence of mining related features) on the Federal land in existence
on or before the date of the conveyance.
(f) Withdrawal.--Subject to valid existing rights, the Federal land
identified for conveyance shall be 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) disposition under the mineral leasing, mineral
materials and geothermal leasing laws.
TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT
SEC. 401. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the City of Fernley,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in the City of Fernley, Nevada, that is identified by
the Secretary and the City for conveyance under this title as
depicted on the map.
(3) Map.--The term ``map'' means the map entitled
``Proposed Fernley, Nevada, Land Sales'' and dated January 25,
2013.
SEC. 402. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY,
NEVADA.
(a) Conveyance Authorized.--Subject to valid existing rights and
notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the
Federal land, the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States to
and in the Federal land.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(c) Reservation of Easements and Rights-of-Way.--The City and the
Bureau of Reclamation may retain easements or rights-of-way on the
Federal land to be conveyed, including easements or rights-of-way that
the Bureau of Reclamation determines are necessary to carry out--
(1) the operation and maintenance of the Truckee Canal
Irrigation District Canal; or
(2) the Newlands Project.
(d) Costs.--At closing for the conveyance authorized under
subsection (a), the City shall pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and administrative
personnel costs associated with the conveyance authorized under such
subsection, including the costs of title searches, maps, and boundary
and cadastral surveys.
SEC. 403. RELEASE OF UNITED STATES.
Upon making the conveyance under section 402, notwithstanding any
other provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
on the Federal land in existence on or before the date of the
conveyance.
TITLE V--RESTORING STOREY COUNTY ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Restoring Storey County Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Storey County,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 1,745 acres of Federal land identified on the map
as ``BLM Owned - County Request Transfer''.
(3) Map.--The term ``map'' means the map titled ``Restoring
Storey County Act'' and dated November 20, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
SEC. 503. CONVEYANCE OF FEDERAL LAND IN STOREY COUNTY, NEVADA.
Subject to valid existing rights and notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later
than 180 days after the date of the enactment of this Act, the
Secretary shall convey to the County, by quitclaim deed, all surface
rights of the United States in and to the Federal land, including any
improvements thereon. All costs associated with the conveyance under
this section shall be the responsibility of the Bureau of Land
Management.
TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Elko Motocross and Tribal
Conveyance Act''.
SEC. 602. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of the
Interior, acting through the Bureau of Land Management.
Subtitle A--Elko Motocross Land Conveyance
SEC. 611. DEFINITIONS.
In this subtitle:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated April 19, 2013.
SEC. 612. CONVEYANCE OF LAND TO ELKO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights and the provisions of
this section, the Secretary shall convey to the county, without
consideration, all right, title, and interest of the United States in
and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 275 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as generally depicted on the
map as ``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in the map or the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only as a motocross, bicycle, off-highway vehicle, or
stock car racing area, or for any other public purpose consistent with
uses allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of
Nevada
SEC. 621. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Te-moak Tribe of Western Shoshone
Indians of Nevada (referred to in this subtitle 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) is
the approximately 373 acres of land administered by the Bureau of Land
Management, as generally depicted on the map as ``Expansion Area''.
(c) Map.--The term ``map'' means the map entitled ``Te-moak Tribal
Land Expansion'', dated April 19, 2013, and on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
(e) Use of Trust Land.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
(2) General uses.--
(A) In general.--The Tribe shall use the land taken
into trust under subsection (a) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the
benefit of the Tribe; or
(iii) residential or recreational
development.
(B) Other uses.--If the Tribe uses any portion of
the land taken into trust under subsection (a) for a
purpose other than a purpose described in subparagraph
(A), the Tribe shall pay to the Secretary an amount
that is equal to the fair market value of the portion
of the land, as determined by an appraisal.
(3) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities on
the land that is beneficial to the Tribe and the Bureau of Land
Management.
TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Naval Air Station Fallon Housing
and Safety Development Act''.
SEC. 702. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall transfer to
the Secretary of the Navy, without reimbursement, the Federal land
described in subsection (b).
(b) Description of Federal Land.--The Federal land referred to in
subsection (a) is the parcel of approximately 400 acres of land under
the jurisdiction of the Secretary of the Interior that--
(1) is adjacent to Naval Air Station Fallon in Churchill
County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV-943-
4214-10; N-37875).
(c) Management.--On transfer of the Federal land described under
subsection (b) to the Secretary of the Navy, the Secretary of the Navy
shall have full jurisdiction, custody, and control of the Federal land.
SEC. 703. WATER RIGHTS.
(a) Water Rights.--Nothing in this title shall be construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this title; or
(2) to authorize the appropriation of water on lands
transferred by this title except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
SEC. 704. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be
transferred under section 702 is withdrawn from all forms of
appropriation under the public land laws, including the mining laws and
the mineral leasing and geothermal leasing laws, so long as the land
remains under the administrative jurisdiction of the Secretary of the
Navy.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-593.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-593.
Placed on the Union Calendar, Calendar No. 440.
Mr. Hastings (WA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7486-7492)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5205.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7486-7491)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7486-7491)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.