[House Report 108-720]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-720
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LINCOLN COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT OF 2004
_______
October 4, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4593]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4593) to establish wilderness areas, promote
conservation, improve public land, and provide for the high
quality development in Lincoln County, Nevada, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lincoln County Conservation,
Recreation, and Development Act of 2004''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--LAND DISPOSAL
Sec. 101. Definitions.
Sec. 102. Conveyance of Lincoln County land.
Sec. 103. Disposition of proceeds.
TITLE II--WILDERNESS AREAS
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Additions to National Wilderness Preservation System.
Sec. 204. Administration.
Sec. 205. Adjacent management.
Sec. 206. Military overflights.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Release of wilderness study areas.
Sec. 209. Wildlife management.
Sec. 210. Wildfire management.
Sec. 211. Climatological data collection.
TITLE III--UTILITY CORRIDORS
Sec. 301. Utility corridor and rights-of-way.
Sec. 302. Relocation of right-of-way and utility corridors located in
Clark and Lincoln Counties in the State of Nevada.
TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
Sec. 401. Silver State off-highway vehicle trail.
TITLE V--OPEN SPACE PARKS
Sec. 501. Open space park conveyance to Lincoln County, Nevada.
Sec. 502. Open space park conveyance to the State of Nevada.
TITLE VI--JURISDICTION TRANSFER
Sec. 601. Transfer of administrative jurisdiction between the Fish and
Wildlife Service and the Bureau of Land Management.
TITLE I--LAND DISPOSAL
SEC. 101. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Lincoln County,
Nevada.
(2) Map.--The term ``map'' means the map entitled ``Lincoln
County Conservation, Recreation, and Development Act Map'' and
dated June 14, 2004.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Special account.--The term ``special account'' means the
special account established under section 103(b)(3).
SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.
(a) In General.--Notwithstanding sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the
Secretary, in cooperation with the County, in accordance with that Act,
this title, and other applicable law and subject to valid existing
rights, shall conduct sales of--
(1) the land described in subsection (b)(1) to qualified
bidders not later than 75 days after the date of the enactment
of this Act; and
(2) the land described in subsection (b)(2) to qualified
bidders as such land becomes avalable for disposal.
(b) Description of Land.--The land referred to in subsection (a)
consists of--
(1) the land identified on the map as ``Tract A'' and ``Tract
B'' totaling approximately 13,328 acres; and
(2) between 87,000 and 90,000 acres of Bureau of Land
Management-managed public land in Lincoln County identified for
disposal by the Bureau of Land Management either through--
(A) the Ely Resource Management Plan (intended to be
finalized in 2005); or
(B) a subsequent amendment to that land use plan
undertaken with full public involvement.
(c) Availability.--Each map and legal description shall be on file
and available for public inspection in (as appropriate)--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Office of the Nevada State Director of the Bureau of
Land Management;
(3) the Ely Field Office of the Bureau of Land Management;
and
(4) the Caliente Field Station of the Bureau of Land
Management.
(d) Joint Selection Required.--The Secretary and the County shall
jointly select which parcels of land described in subsection (b)(2) to
offer for sale under subsection (a).
(e) Compliance With Local Planning and Zoning Laws.--Before a sale of
land under subsection (a), the County shall submit to the Secretary a
certification that qualified bidders have agreed to comply with--
(1) County and city zoning ordinances; and
(2) any master plan for the area approved by the County.
(f) Method of Sale; Consideration.--The sale of land under subsection
(a) shall be--
(1) through a competitive bidding process unless otherwise
determined by the Secretary; and
(2) for not less than fair market value.
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights and except
as provided in paragraph (2), the land described in subsection
(b) is withdrawn from--
(A) all forms of entry and appropriation under the
public land laws, including the mining laws; and
(B) operation of the mineral leasing and geothermal
leasing laws.
(2) Exception.--Paragraph (1)(A) shall not apply to a
competitive sale or an election by the County to obtain the
land described in subsection (b) for public purposes under the
Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly known as
the ``Recreation and Public Purposes Act'').
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall--
(A) notwithstanding the Lincoln County Land Act of
2000 (114 Stat. 1046), not later than 75 days after the
date of the enactment of this title, offer by sale the
land described in subsection (b)(1) if there is a
qualified bidder for such land; and
(B) offer for sale annually lands identified for sale
in subsection (b)(2) until such lands are disposed of
or unless the county requests a postponement under
paragraph (2).
(2) Postponement; exclusion from sale.--
(A) Request by county for postponement or
exclusion.--At the request of the County, the Secretary
shall postpone or exclude from the sale all or a
portion of the land described in subsection (b)(2).
(B) Indefinite postponement.--Unless specifically
requested by the County, a postponement under
subparagraph (A) shall not be indefinite.
SEC. 103. DISPOSITION OF PROCEEDS.
(a) Initial Land Sale.--Section 5 of the Lincoln County Land Act of
2000 (114 Stat. 1047) shall apply to the disposition of the gross
proceeds from the sale of land described in section 102.
(b) Subsequent Land Sales.--Of the gross proceeds of the sale of the
land described in section 102(b)(2)--
(1) 5 percent shall be paid directly to the State for use in
the general education program of the State;
(2) 45 percent shall be paid to the County for use for
economic development in the County, including County parks,
trails, and natural areas; and
(3) the remainder shall be deposited in a special account in
the Treasury of the United States and shall be available
without further appropriation to the Secretary until expended
for--
(A) the 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;
(B) the development and implementation of a
multispecies habitat conservation plan for the County;
and
(C) the reimbursement of costs incurred by the Nevada
State Office and the Ely Field Office of the Bureau of
Land Management for--
(i) preparing for the sale of land under
section 103(a), including the costs of--
(I) conducting any land boundary
surveys;
(II) complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(III) conducting any appraisals;
(IV) obtaining environmental and
cultural clearances; and
(V) providing public notice of the
sale;
(ii) processing public land use
authorizations and rights-of-way relating to
the development of the land conveyed under
section 102(b)(2);
(iii) processing the Silver State OHV trail
and implementing the management plan required
by section 401(c)(2) of this Act; and
(iv) processing wilderness designations,
including but not limited to, the costs of
appropriate fencing, signage, public education,
and enforcement for the wilderness areas
designated.
(c) Investment of Special Account.--Any amounts deposited in the
special account shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current average market
yield on outstanding marketable obligations of the United States of
comparable maturities and may be expended according to the provisions
of this section.
TITLE II--WILDERNESS AREAS
SEC. 201. FINDINGS.
Congress finds that--
(1) public land in the County contains unique and spectacular
natural resources, including--
(A) priceless habitat for numerous species of plants
and wildlife; and
(B) thousands of acres of land that remain in a
natural state; and
(2) continued preservation of those areas would benefit the
County and all of the United States by--
(A) ensuring the conservation of ecologically diverse
habitat;
(B) protecting prehistoric cultural resources;
(C) conserving primitive recreational resources; and
(D) protecting air and water quality.
SEC. 202. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Lincoln County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Nevada.
SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Mormon mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 149,677 acres, as generally depicted on the map
entitled ``Lincoln County Conservation, Recreation, and
Development Act Map'', dated September 20, 2004, which shall be
known as the ``Mormon Mountains Wilderness''.
(2) Meadow valley range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 124,833 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Meadow Valley Range
Wilderness''.
(3) Delamar mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 111,389 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Delamar Mountains
Wilderness''.
(4) Clover mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 85,757 acres, as generally depicted on the map
entitled ``Southern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Clover Mountains
Wilderness''.
(5) South pahroc range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 25,638 acres, as generally depicted on the map
entitled ``Western Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``South Pahroc Range
Wilderness''.
(6) Worthington mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 30,936 acres, as generally depicted on the map
entitled ``Western Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Worthington Mountains
Wilderness''.
(7) Weepah spring wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
51,117 acres, as generally depicted on the map entitled
``Western Lincoln County Wilderness Map'', dated June 1, 2004,
which shall be known as the ``Weepah Spring Wilderness''.
(8) Parsnip peak wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 45,837
acres, as generally depicted on the map entitled ``Northern
Lincoln County Wilderness Map'', dated June 1, 2004, which
shall be known as the ``Parsnip Peak Wilderness''.
(9) White rock range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 24,413 acres, as generally depicted on the map
entitled ``Northern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``White Rock Range
Wilderness''.
(10) Fortification range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 28,837 acres, as generally depicted on the map
entitled ``Northern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Fortification Range
Wilderness''.
(11) Far south egans wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 36,384 acres, as generally depicted on the map
entitled ``Northern Lincoln County Wilderness Map'', dated June
1, 2004, which shall be known as the ``Far South Egans
Wilderness''.
(12) Tunnel spring wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
5,530 acres, as generally depicted on the map entitled
``Southern Lincoln County Wilderness Map'', dated June 1, 2004,
which shall be known as the ``Tunnel Spring 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 title, the Secretary shall file a map and
legal description of each wilderness area designated by
subsection (a) with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical
errors in the map or legal description.
(3) Availability.--Each map and legal description shall be on
file and available for public inspection in (as appropriate)--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the Nevada State Director of the
Bureau of Land Management;
(C) the Ely Field Office of the Bureau of Land
Management; and
(D) the Caliente Field Station of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the wilderness
areas designated by subsection (a) are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
SEC. 204. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of the enactment of
this title; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of the
Interior.
(b) Livestock.--Within the wilderness areas designated under this
title that are administered by the Bureau of Land Management, the
grazing of livestock in areas in which grazing is established as of the
date of enactment of this title shall be allowed to continue, subject
to such reasonable regulations, policies, and practices that the
Secretary considers necessary, consistent with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set
forth in Appendix A of House Report 101-405.
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of an area designated as
wilderness by this title that is acquired by the United States after
the date of the enactment of this title shall be added to and
administered as part of the wilderness area within which the acquired
land or interest is located.
(d) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as Wilderness by this title
is within the Northern Mojave Desert, and Great Basin
Deserts, is arid in nature, and includes ephemeral
streams;
(B) the hydrology of the land designated as
wilderness by this title is predominantly characterized
by complex flow patterns and alluvial fans with
impermanent channels;
(C) the subsurface hydrogeology of the region is
characterized by ground water subject to local and
regional flow gradients and unconfined and artesian
conditions;
(D) the land designated as wilderness by this title
is generally not suitable for use or development of new
water resource facilities; and
(E) because of the unique nature and hydrology of the
desert land designated as wilderness by this title, it
is possible to provide for proper management and
protection of the wilderness and other values of lands
in ways different from those used in other legislation.
(2) Statutory construction.--Nothing in this title--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this title;
(B) shall affect any water rights in the State
existing on the date of the enactment of this title,
including any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportion water
among and between the State and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence
on the date of enactment of this title with respect to the
wilderness areas designated by this title.
(4) New projects.--
(A) Water resource facility.--As used in this
paragraph, the term ``water resource facility''--
(i) means irrigation and pumping facilities,
reservoirs, water conservation works,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities, and other water
diversion, storage, and carriage structures;
and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on and after
the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness areas
designated by this Act.
SEC. 205. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the designation of
wilderness in the State pursuant to this title to lead to the creation
of protective perimeters or buffer zones around any such wilderness
area.
(b) Nonwilderness Activities.--The fact that nonwilderness activities
or uses can be seen or heard from areas within a wilderness designated
under this title shall not preclude the conduct of those activities or
uses outside the boundary of the wilderness area.
SEC. 206. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the areas
designated as wilderness by this title, including military
overflights that can be seen or heard within the wilderness
areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title shall be construed to diminish the rights of
any Indian tribe. Nothing in this title shall be construed to diminish
tribal rights regarding access to Federal land for tribal activities,
including spiritual, cultural, and traditional food-gathering
activities.
SEC. 208. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the public land in the County administered by the Bureau of Land
Management in the following areas has been adequately studied for
wilderness designation:
(1) The Table Mountain Wilderness Study Area.
(2) Evergreen A, B, and C Wilderness Study Areas.
(3) Any portion of the wilderness study areas--
(A) not designated as wilderness by section 204(a);
and
(B) depicted as released on--
(i) the map entitled ``Northern Lincoln
County Wilderness Map'' and dated June 1, 2004;
(ii) the map entitled ``Southern Lincoln
County Wilderness Map'' and dated June 1, 2004;
or
(iii) the map entitled ``Western Lincoln
County Wilderness Map'' and dated June 1, 2004.
(b) Release.--Any public land described in subsection (a) that is not
designated as wilderness by this title--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements; and
(3) shall be subject to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 209. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the Wilderness
Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes
the jurisdiction of the State with respect to fish and wildlife
management, including the regulation of hunting, fishing, and trapping,
in the wilderness areas designated by this title.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within wilderness areas designated by
this title where consistent with relevant wilderness management plans,
in accordance with appropriate policies such as those set forth in
Appendix B of House Report 101-405, including the occasional and
temporary use of motorized vehicles, if such use, as determined by the
Secretary, would promote healthy, viable, and more naturally
distributed wildlife populations that would enhance wilderness values
and accomplish those purposes with the minimum impact necessary to
reasonably accomplish the task.
(c) Existing Activities.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate
policies such as those set forth in Appendix B of House Report 101-405,
the State may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and provide water for wildlife
populations, including bighorn sheep, and feral stock, horses, and
burros.
(d) Wildlife Water Development Projects.--Subject to subsection (f),
the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects, including guzzlers, in the wilderness areas designated by
this Act if--
(1) the structures and facilities will, as determined by the
Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations;
and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--In consultation with the
appropriate State agency (except in emergencies), the Secretary may
designate by regulation areas in which, and establish periods during
which, for reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be permitted in
the wilderness areas designated by this Act.
(f) Cooperative Agreement.--The terms and conditions under which the
State, including a designee of the State, may conduct wildlife
management activities in the wilderness areas designated by this title
are specified in the cooperative agreement between the Secretary and
the State, entitled ``Memorandum of Understanding between the Bureau of
Land Management and the Nevada Department of Wildlife Supplement No.
9,'' and signed November and December 2003, including any amendments to
that document agreed upon by the Secretary and the State and subject to
all applicable laws and regulations. Any references to Clark County in
that document shall also be deemed to be referred to and shall apply to
Lincoln County, Nevada.
SEC. 210. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133),
nothing in this title precludes a Federal, State, or local agency from
conducting wildfire management operations (including operations using
aircraft or mechanized equipment) to manage wildfires in the wilderness
areas designated by this title.
SEC. 211. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may prescribe,
nothing in this title precludes the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices in the
wilderness areas designated by this title if the facilities and access
to the facilities are essential to flood warning, flood control, and
water reservoir operation activities.
TITLE III--UTILITY CORRIDORS
SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.
(a) Utility Corridor.--
(1) In general.--Consistent with title II of the Act and
notwithstanding sections 202 and 503 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1711, 1763), the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall establish on public land a 2,640-foot wide
corridor for utilities in Lincoln County and Clark County,
Nevada, as generally depicted on the map entitled ``Lincoln
County Conservation, Recreation, and Development Act'', and
dated June 14, 2004.
(2) Availability.--Each map and legal description shall be on
file and available for public inspection in (as appropriate)--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the Nevada State Director of the
Bureau of Land Management;
(C) the Ely Field Office of the Bureau of Land
Management; and
(D) the Caliente Field Station of the Bureau of Land
Management.
(b) Rights-of-way.--
(1) In general.--Notwithstanding sections 202 and 503 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711,
1763) and subject to valid existing rights, the Secretary shall
grant to the Southern Nevada Water Authority and the Lincoln
County Water District nonexclusive rights-of-way to Federal
land in Lincoln County and Clark County, Nevada, for any roads,
wells, well fields, pipes, pipelines, pump stations, storage
facilities, or other facilities and systems that are necessary
for the construction and operation of a water conveyance
system, as depicted on the map.
(2) Applicable law.--A right-of-way granted under paragraph
(1) shall be granted in perpetuity and shall not require rental
payment.
(3) Compliance with nepa.--Before granting a right-of-way
under paragraph (1), the Secretary shall comply with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), including the identification and consideration of
potential impacts to fish and wildlife resources and habitat.
(c) Withdrawal.--Subject to valid existing rights, the utility
corridors designated by subsection (a) are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(d) State Water Law.--Nothing in this title shall--
(1) prejudice the decisions or abrogate the jurisdiction of
the Nevada State Engineer with respect to the appropriation,
permitting, certification, or adjudication of water rights;
(2) preempt Nevada State water law; or
(3) limit or supersede existing water rights or interest in
water rights under Nevada State law.
(e) Water Resources Study.--
(1) In general.--The Secretary, acting through the United
States Geological Survey and the Desert Research Institute,
shall conduct a study to investigate ground water quantity,
quality, and flow characteristics in the deep carbonate and
alluvial aquifers of White Pine County, Nevada. The study
shall--
(A) include new and review of existing data;
(B) determine the volume of water stored in aquifers
in those areas;
(C) determine the discharge and recharge
characteristics of each aquifer system;
(D) determine the hydrogeologic and other controls
that govern the discharge and recharge of each aquifer
system; and
(E) develop maps at a consistent scale depicting
aquifer systems and the recharge and discharge areas of
such systems.
(2) Timing; availability.--The Secretary shall complete a
draft of the water resources report required under paragraph
(1) not later than 30 months after the date of the enactment of
this Act. The Secretary shall then make the draft report
available for public comment for a period of not less than 60
days. The final report shall be submitted to the Committee on
Resources in the House of Representatives and the Committee on
Energy and Natural Resources in the Senate and made available
to the public not later than 36 months after the date of the
enactment of this Act.
SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS LOCATED IN
CLARK AND LINCOLN COUNTIES IN THE STATE OF NEVADA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the land
exchange agreement between Aerojet-General Corporation and the
United States, dated July 14, 1988.
(2) Corridor.--The term ``corridor'' means--
(A) the right-of-way corridor that is--
(i) identified in section 5(b)(1) of the
Nevada-Florida Land Exchange Authorization Act
of 1988 (102 Stat. 55); and
(ii) described in section 14(a) of the
Agreement;
(B) such portion of the utility corridor identified
in the 1988 Las Vegas Resource Management Plan located
south of the boundary of the corridor described in
subparagraph (A) as is necessary to relocate the right-
of-way corridor to the area described in subsection
(c)(2); and
(C) such portion of the utility corridor identified
in the 2000 Caliente Management Framework Plan
Amendment located north of the boundary of the corridor
described in subparagraph (A) as is necessary to
relocate the right-of-way corridor to the area
described in subsection (c)(2).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Relinquishment and Fair Market Value.--
(1) In general.--The Secretary shall, in accordance with this
section, relinquish all right, title, and interest of the
United States in and to the portion of the corridor described
in section 302(a)(2)(A) not later than 30 days after receipt of
a payment in an amount equal to the fair market value of the
corridor (plus any costs relating to the right-of-way
relocation described in this title).
(2) Fair market value.--
(A) In general.--The fair market value of the
corridor shall be equal to the amount by which the
value of the discount described in the 1988 appraisal
of the corridor that was applied to the land underlying
the corridor has increased, as determined by the
Secretary using the multiplier determined under
subparagraph (B).
(B) Multiplier.--Not later than 60 days after the
date of enactment of this Act, the Appraisal Services
Directorate of the Department of the Interior shall
determine an appropriate multiplier to reflect the
change in the value of the land underlying the corridor
between--
(i) the date on which the corridor was
transferred in accordance with the Agreement;
and
(ii) the date of enactment of this Act.
(3) Proceeds.--Proceeds under this subsection shall be
deposited in the account established under section 103.
(c) Relocation.--
(1) In general.--The Secretary shall relocate to the area
described in paragraph (2), the portion of IDI-26446 and UTU-
73363 identified as NVN-49781 that is located in the corridor
relinquished under subsection (b)(1).
(2) Description of area.--The area referred to in paragraph
(1) is the area located on public land west of United States
Route 93.
(3) Requirements.--The relocation under paragraph (1) shall
be conducted in a manner that--
(A) minimizes engineering design changes; and
(B) maintains a gradual and smooth interconnection of
the corridor with the area described in paragraph (2).
(4) Authorized uses.--The Secretary may authorize the
location of any above ground or underground utility facility,
transmission lines, gas pipelines, natural gas pipelines, fiber
optics, telecommunications, water lines, wells (including
monitoring wells), cable television, and any related
appurtenances in the area described in paragraph (1).
(d) Effect.--The relocation of the corridor under this section shall
not require the Secretary to update the 1998 Las Vegas Valley Resource
Management Plan or the 2000 Caliente Management Framework Plan
Amendment.
(e) Waiver of Certain Requirements.--The Secretary shall waive the
requirements of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) that would otherwise be applicable to the holders
of the right-of-way corridor described in subsection (a)(2)(A) with
respect to an amendment to the legal description of the right-of-way
corridor.
TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
SEC. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Map.--The term ``Map'' means the map entitled ``Lincoln
County Conservation, Recreation and Development Act Map'' and
dated June 14, 2004.
(3) Trail.--The term ``Trail'' means the system of trails
designated in subsection (b) as the Silver State Off-Highway
Vehicle Trail.
(b) Designation.--The trails that are generally depicted on the Map
are hereby designated as the ``Silver State Off-Highway Vehicle
Trail''.
(c) Management.--
(1) In general.--The Secretary shall manage the Trail in a
manner that--
(A) is consistent with motorized and mechanized use
of the Trail that is authorized on the date of the
enactment of this title pursuant to applicable Federal
and State laws and regulations;
(B) ensures the safety of the people who use the
Trail; and
(C) does not damage sensitive habitat or cultural
resources.
(2) Management plan.--
(A) In general.--Not later than 3 years after the
date of the enactment of this title, 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.
(3) Monitoring and evaluation.--
(A) Annual assessment.--The Secretary shall annually
assess the effects of the use of off-highway vehicles
on the Trail and, in consultation with the Nevada
Division of Wildlife, assess the effects of the Trail
on wildlife and wildlife habitat to minimize
environmental impacts and prevent damage to cultural
resources from the use of the Trail.
(B) Closure.--The Secretary, in consultation with the
State and the County, may temporarily close or
permanently reroute, subject to subparagraph (C), a
portion of the Trail if the Secretary determines that--
(i) the Trail is having an adverse impact
on--
(I) natural resources; or
(II) cultural resources;
(ii) the Trail threatens public safety;
(iii) closure of the Trail is necessary to
repair damage to the Trail; or
(iv) closure of the Trail is necessary to
repair resource damage.
(C) Rerouting.--Portions of the Trail that are
temporarily closed may be permanently rerouted along
existing roads and trails on public lands currently
open to motorized use if the Secretary determines that
such rerouting will not significantly increase or
decrease the length of the Trail.
(D) Notice.--The Secretary shall provide information
to the public regarding any routes on the Trail that
are closed under subparagraph (B), including by
providing appropriate signage along the Trail.
(4) Notice of open routes.--The Secretary shall ensure that
visitors to the Trail have access to adequate notice regarding
the routes on the Trail that are open through use of
appropriate signage along the Trail and through the
distribution of maps, safety education materials, and other
information considered appropriate by the Secretary.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing in
this section shall be construed to affect ownership, management, or
other rights related to non-Federal land or interests in land.
(e) Map on File.--The Map shall be kept on file at the appropriate
offices of the Secretary.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE V--OPEN SPACE PARKS
SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, NEVADA.
(a) Conveyance.--Notwithstanding section 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1171, 1712), the
Secretary may convey to the County, subject to valid existing rights,
for no consideration, all right title, and interest of the United
States in and to the parcels of land described in subsection (b).
(b) Description of Land.--The parcels of land referred to in
subsection (a) are the parcels of land depicted as ``Lincoln County
Parks Proposal'' on the map entitled ``Lincoln County Conservation,
Recreation, and Development Act Map'' and dated June 14, 2004.
(c) Costs.--Any costs relating to any conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the County, or in accordance with section 104(b)(2) of this
Act.
(d) Use of Land.--
(1) In general.--Any parcel of land conveyed to the County
under subsection (a) shall be used only for--
(A) the conservation of natural resources; or
(B) public parks.
(2) Facilities.--Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a
manner consistent with the uses described in paragraph (1).
(e) Reversion.--If a parcel of land conveyed under subsection (a) is
used in a manner that is inconsistent with the uses specified in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.
SEC. 502. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.
(a) Conveyance.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall
convey to the State of Nevada, subject to valid existing rights, for no
consideration, all right, title, and interest of the United States in
and to the parcels of land described in subsection (b), if there is a
written agreement between the State and Lincoln County, Nevada,
supporting such a conveyance.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are the parcels of land depicted as ``NV St. Park
Expansion Proposal'' on the map entitled ``Lincoln County Conservation,
Recreation, and Development Act Map'' and dated June 14, 2004.
(c) Costs.--Any costs relating to any conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the State.
(d) Use of Land.--
(1) In general.--Any parcel of land conveyed to the State
under subsection (a) shall be used only for--
(A) the conservation of natural resources; or
(B) public parks.
(2) Facilities.--Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a
manner consistent with the uses described in paragraph (1).
(e) Reversion.--If a parcel of land conveyed under subsection (a) is
used in a manner that is inconsistent with the uses specified in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.
TITLE VI--JURISDICTION TRANSFER
SEC. 601. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE FISH AND
WILDLIFE SERVICE AND THE BUREAU OF LAND MANAGEMENT.
(a) In General.--Administrative jurisdiction over the land described
in subsection (b) is transferred from the United States Bureau of Land
Management to the United States Fish and Wildlife Service for inclusion
in the Desert National Wildlife Range and the administrative
jurisdiction over the land described in subsection (c) is transferred
from the United States Fish and Wildlife Service to the United States
Bureau of Land Management.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 8,503 acres of land administered by
the United States Bureau of Land Management as generally depicted on
the map entitled ``Lincoln County Conservation, Recreation, and
Development Act Map'' and identified as ``Lands to be transferred to
the Fish and Wildlife Service'' and dated June 14, 2004.
(c) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 8,382 acres of land administered by
the United States Fish and Wildlife Service as generally depicted on
the map entitled ``Lincoln County Conservation, Recreation, and
Development Act Map'' and identified as ``Lands to be transferred to
the Bureau of Land Management'' and dated June 14, 2004.
(d) Availability.--Each map and legal description shall be on file
and available for public inspection in (as appropriate)--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Office of the Nevada State Director of the Bureau of
Land Management;
(3) the Ely Field Office of the Bureau of Land Management;
and
(4) the Caliente Field Station of the Bureau of Land
Management.
PURPOSE OF THE BILL
The purpose of H.R. 4593 to establish wilderness areas,
promote conservation, improve public land, and provide for the
high quality development in Lincoln County, Nevada, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4593 would: (1) Designate roughly 770,000 acres of
wilderness and release 245,000 acres of land currently being
managed as wilderness study areas in the State of Nevada; (2)
create a 260 mile off-highway vehicle trail; (3) establish
roughly 450 miles of utility corridors within the Lincoln
County, Nevada, for the purposes of designating rights of ways
for the Southern Nevada Water Authority and Lincoln County
Water District; (4) privatize nearly 87,000 acres of Bureau of
Land Management (BLM) and in the County; and (5) convey almost
19,000 acres to the State and Lincoln County for use as parks
and open space.
More specifically, H.R. 4593 would direct the Secretary of
the Interior, in cooperation with the Lincoln County to conduct
sales of certain lands currently being managed by BLM. The
lands include two parcels totaling almost 14,000 acres and land
previously identified for disposal comprising about 87,000
acres. Proceeds from the sale would be split 5/45/50. Five
percent would go to the State of Nevada general education
program. Forty-five percent of the proceeds would be re-
invested in Lincoln County in the form of economic development
and environmental projects. The remaining fifty percent of the
proceeds would be deposited into a special account in the U.S.
Treasury and earmarked for environmental projects and
administrative costs incurred by the Secretary relating to the
mandates contained in this bill.
H.R. 4593 would also direct the Secretary to establish a
2,640 foot-wide corridor for utilities in Lincoln and Clark
County, Nevada, and in conjunction conduct a study of ground-
water in the deep carbonate and alluvial aquifers of White Pine
County, Nevada. Authority over the corridor shall be shared
between the Southern Nevada Water Authority and the Lincoln
County Water District. Also directed is the construction of the
Silver State Off-Highway Vehicle Trail. The Secretary must
ensure that the trail is consistent with motorized and
mechanized use, ensure safety of the people who use the trail
and that the trail is sensitive to the habitat and cultural
resources. The fifth title of the bill allows for the
conveyance of land from the Secretary to Lincoln County and the
State of Nevada depicted in the ``Lincoln County Parks
Proposal'' and ``NV St. Park Expansion Proposal,''
respectively. Land conveyed pursuant to these proposals shall
only be used for public parks or open space.
Finally, the bill would transfer jurisdiction of an 8,500
acre parcel from the BLM to the United States Fish and Wildlife
Service to be included in the Desert National Wildlife Range.
Concurrently, a parcel of land approximately 8,300 acres would
be transferred from the United States Fish and Wildlife Service
to BLM.
COMMITTEE ACTION
H.R. 4593 was introduced by Congressman Jim Gibbons (R-NV)
on June 16, 2004. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On July 20, 2004,
the Subcommittee held a hearing on the bill. On September 22,
2004, the Full Resource Committee met to consider the bill. By
unanimous consent, the Subcommittee on National Parks,
Recreation and Public Lands was discharged from further
consideration of the bill. Chairman Pombo offered an amendment
in the nature of a substitute. The Pombo amendment made a
series of technical changes to the bill, and in addition made
two substantive changes of note. First, the amendment removed
three areas from the wilderness title of the bill. These three
areas are depicted in the bill as Mount Irish, Big Rocks and a
segment of the Mormon Mountains known loosely as the East
Mormons. All three areas were removed due to the lack of strong
suitability criteria coupled with a lack of opportunity of
public comment and input on their proposed designation. It is
the Committee's understanding that the Nevada delegation will
pursue public hearings on these areas to address local concerns
with their designation prior to floor action on the bill. The
second substantive change made by the amendment was to require
that rights-of-way issued under the utility corridor title of
the bill must first undergo the full analysis required under
the National Environmental Policy Act. In addition, under the
same title, the amendment gives the Secretary greater
flexibility to determine the final placement of the proposed
utility corridor. The amendment was agreed to by voice vote. No
further amendments were offered. The bill was then ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase both offsetting receipts
and direct spending, but it concluded that ``the net impact on
direct spending would be negligible in each year.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish wilderness areas,
promote conservation, improve public land, and provide for the
high quality development in Lincoln County, Nevada, and for
other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4593--Lincoln County Conservation, Recreation, and Development act
of 2004
CBO estimates that implementing H.R. 4593 would cost $1
million annually starting in 2005, assuming the availability of
appropriated funds. The bill would increase both offsetting
receipts and direct spending, but we estimate that the net
impact on direct spending would be negligible in each year.
Enacting H.R. 4593 would not affect revenues.
H.R. 4593 would make several changes to programs to manage
federal land in Nevada. The bill would authorize the Secretary
of the Interior to sell about 100,000 acres of land in Lincoln
County and spend the proceeds, without further appropriation,
for resource management and administrative expenses. H.R. 4593
would designate roughly 720,000 acres of land as wilderness and
release about 245,000 acres of other land from wilderness study
status. The bill would direct the Secretary to grant certain
rights-of-way for utilities, designate a 260-mile trail for
off-highway vehicles, and authorize the Secretary to convey
certain federal properties to Nevada and Lincoln County for use
as parks. Finally, under H.R. 4593, the Bureau of Land
Management (BLM) and U.S. Fish and Wildlife Service would
exchange jurisdiction over two parcels of federal land.
Based on information from BLM, CBO estimates that the
proposed program to sell federal land in Lincoln County would
increase offsetting receipts (a credit against direct spending)
by a total $9 million over the 2005-2014 period. Because we
expect those receipts would be largely spent in the year they
are collected, we estimate that the new program would have no
significant net impact on direct spending in any year. We also
estimate that the various changes in land use proposed under
H.R. 4593 would increase federal spending for land management
by $1 million annually starting in 2005, assuming the
availability of appropriated funds.
H.R. 4593 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this bill would benefit the state of Nevada and
Lincoln County because they would receive a portion of the
proceeds from the sale of federal land. They also would receive
federal land at very little cost.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs) and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no change in existing law.