[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Enrolled Bill (ENR)]
H.R.4593
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To establish wilderness areas, promote conservation, improve public
land, and provide for the high quality development in Lincoln County,
Nevada, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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There are authorized to be appropriated such sums as are necessary
to carry out this Act.

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(a) Short Title.--This Act may be cited as the ``Lincoln County
Conservation, Recreation, and Development Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Clark and Lincoln counties in the State of Nevada.

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TITLE III

-UTILITY CORRIDORS

Wildlife Service and the Bureau of Land Management.

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TITLE VI

-JURISDICTION TRANSFER

In this title:
(1) County.--The term ``County'' means Lincoln County, Nevada.
(2) Map.--The term ``map'' means the map entitled ``Lincoln
County Conservation, Recreation, and Development Act Map'' and
dated October 1, 2004.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Special account.--The term ``special account'' means the
special account established under section 103(b)(3).

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TITLE I

-LAND DISPOSAL

(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 available for disposal.
(b) Description of Land.--The land referred to in subsection (a)
consists of--
(1) the land identified on the map as Tract A and Tract B
totaling approximately 13,328 acres; and
(2) not more than 90,000 acres of Bureau of Land Management
managed public land in Lincoln County that is not segregated or
withdrawn on the date of enactment of this Act or thereafter, and
that is identified for disposal by the BLM either through--
(A) the Ely Resource Management Plan (intended to be
finalized in 2005); or
(B) a subsequent amendment to that land use plan undertaken
with full public involvement.
(c) Availability.--Each map and legal description shall be on file
and available for public inspection in (as appropriate)--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Office of the Nevada State Director of the Bureau of
Land Management;
(3) the Ely Field Office of the Bureau of Land Management; and
(4) the Caliente Field Station of the Bureau of Land
Management.
(d) Joint Selection Required.--The Secretary and the County shall
jointly select which parcels of land described in subsection (b)(2) to
offer for sale under subsection (a).
(e) 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) consistent with section 203(d) and 203(f) of the Federal
Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and (f));
(2) through a competitive bidding process unless otherwise
determined by the Secretary; and
(3) for not less than fair market value.
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights and except as
provided in paragraph (2), the land described in subsection (b) is
withdrawn from--
(A) all forms of entry and appropriation under the public
land laws, including the mining laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(2) Exception.--Paragraph (1)(A) shall not apply to a
competitive sale or an election by the County to obtain the land
described in subsection (b) for public purposes under the Act of
June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the
``Recreation and Public Purposes Act'').
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall--
(A) notwithstanding the Lincoln County Land Act of 2000
(114 Stat. 1046), not later than 75 days after the date of the
enactment of this Act, offer by sale the land described in
subsection (b)(1) if there is a qualified bidder for such land;
and
(B) offer for sale annually lands identified for sale in
subsection (b)(2) until such lands are disposed of or unless
the county requests a postponement under paragraph (2).
(2) Postponement; exclusion from sale.--
(A) Request by county for postponement or exclusion.--At
the request of the County, the Secretary shall postpone or
exclude from the sale all or a portion of the land described in
subsection (b)(2).
(B) Indefinite postponement.--Unless specifically requested
by the County, a postponement under subparagraph (A) shall not
be indefinite.

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(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)(1).
(b) Disposition of Proceeds.--Proceeds from sales of lands
described in section 102(b)(2) shall be disbursed as follows--
(1) 5 percent shall be paid directly to the state for use in
the general education program of the State;
(2) 10 percent shall be paid to the County for use for fire
protection, law enforcement, public safety, housing, social
services, and transportation; and
(3) the remainder shall be deposited in a special account in
the Treasury of the United States and shall be available without
further appropriation to the Secretary until expended for--
(A) the reimbursement of costs incurred by the Nevada State
office and the Ely Field Office of the Bureau of Land
Management for preparing for the sale of land described in
section 102(b) including surveys appraisals, compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321)
and compliance with the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1711, 1712);
(B) the inventory, evaluation, protection, and management
of unique archaeological resources (as defined in section 3 of
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470bb)) of the County;
(C) the development and implementation of a multispecies
habitat conservation plan for the County;
(D) processing of public land use authorizations and
rights-of-way relating to the development of land conveyed
under section 102(a) of this Act;
(E) processing the Silver State OHV trail and implementing
the management plan required by section 151(c)(2) of this Act;
and
(F) processing wilderness designation, including but not
limited to, the costs of appropriate fencing, signage, public
education, and enforcement for the wilderness areas designated.
(c) Investment of Special Account.--Any amounts deposited in the
special account shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current average market
yield on outstanding marketable obligations of the United States of
comparable maturities, and may be expended according to the provisions
of this section.

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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.

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TITLE II

-WILDERNESS AREAS

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.

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(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 157,938
acres, as generally depicted on the map entitled ``Southern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Mormon Mountains Wilderness''.
(2) Meadow valley range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising approximately
123,488 acres, as generally depicted on the map entitled ``Southern
Lincoln County Wilderness Map'', dated October 1, 2004, which shall
be known as the ``Meadow Valley Range Wilderness''.
(3) Delamar mountains wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately 111,328
acres, as generally depicted on the map entitled ``Southern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Delamar Mountains Wilderness''.
(4) Clover mountains wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately 85,748
acres, as generally depicted on the map entitled ``Southern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Clover Mountains Wilderness''.
(5) South pahroc range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising approximately
25,800 acres, as generally depicted on the map entitled ``Western
Lincoln County Wilderness Map'', dated October 1, 2004, which shall
be known as the ``South Pahroc Range Wilderness''.
(6) Worthington mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising approximately
30,664 acres, as generally depicted on the map entitled ``Western
Lincoln County Wilderness Map'', dated October 1, 2004, which shall
be known as the ``Worthington Mountains Wilderness''.
(7) Weepah spring wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 51,480
acres, as generally depicted on the map entitled ``Western Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Weepah Spring Wilderness''.
(8) Parsnip peak wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 43,693
acres, as generally depicted on the map entitled ``Northern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Parsnip Peak Wilderness''.
(9) White rock range wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately 24,413
acres, as generally depicted on the map entitled ``Northern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``White Rock Range Wilderness''.
(10) Fortification range wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising approximately
30,656 acres, as generally depicted on the map entitled ``Northern
Lincoln County Wilderness Map'', dated October 1, 2004, which shall
be known as the ``Fortification Range Wilderness''.
(11) Far south egans wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately 36,384
acres, as generally depicted on the map entitled ``Northern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Far South Egans Wilderness''.
(12) Tunnel spring wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 5,371
acres, as generally depicted on the map entitled ``Southern Lincoln
County Wilderness Map'', dated October 1, 2004, which shall be
known as the ``Tunnel Spring Wilderness''.
(13) Big rocks wilderness.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 12,997 acres,
as generally depicted on the map entitled ``Western Lincoln County
Wilderness Map'', dated October 1, 2004, which shall be known as
the ``Big Rocks Wilderness''.
(14) Mt. irish wilderness.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 28,334 acres,
as generally depicted on the map entitled ``Western Lincoln County
Wilderness Map'', dated October 1, 2004, which shall be known as
the ``Mt. Irish Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness area
designated by subsection (a) that is bordered by a road shall be at
least 100 feet from the edge of the road to allow public access.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area designated by subsection (a)
with the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(2) Effect.--Each map and legal description shall have the same
force and effect as if included in this section, except that the
Secretary may correct clerical and typographical errors in the map
or legal description.
(3) Availability.--Each map and legal description shall be on
file and available for public inspection in (as appropriate)--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the Nevada State Director of the Bureau
of Land Management;
(C) the Ely Field Office of the Bureau of Land Management;
and
(D) the Caliente Field Station of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the wilderness
areas designated by subsection (a) are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws.

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(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of the enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of the
Interior.
(b) Livestock.--Within the wilderness areas designated under this
title that are administered by the Bureau of Land Management, the
grazing of livestock in areas in which grazing is established as of the
date of enactment of this Act shall be allowed to continue, subject to
such reasonable regulations, policies, and practices that the Secretary
considers necessary, consistent with section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in
Appendix A of House Report 101-405.
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries of an area designated as
wilderness by this title that is acquired by the United States after
the date of the enactment of this Act shall be added to and
administered as part of the wilderness area within which the acquired
land or interest is located.
(d) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as Wilderness by this title is
within the Northern Mojave and Great Basin Deserts, is arid in
nature, and includes ephemeral streams;
(B) the hydrology of the land designated as wilderness by
this title is predominantly characterized by complex flow
patterns and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region is
characterized by ground water subject to local and regional
flow gradients and unconfined and artesian conditions;
(D) the land designated as wilderness by this title is
generally not suitable for use or development of new water
resource facilities; and
(E) because of the unique nature and hydrology of the
desert land designated as wilderness by this title, it is
possible to provide for proper management and protection of the
wilderness and other values of lands in ways different from
those used in other legislation.
(2) Statutory construction.--Nothing in this title--
(A) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as
wilderness by this title;
(B) shall affect any water rights in the State existing on
the date of the enactment of this Act, including any water
rights held by the United States;
(C) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(D) shall affect the interpretation of, or any designation
made pursuant to, any other Act; or
(E) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State and other States.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness areas
designated by this title.
(4) New projects.--
(A) Water resource facility.--As used in this paragraph,
the term ``water resource facility''--
(i) means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other
water diversion, storage, and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--Except
as otherwise provided in this Act, on and after the date of the
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within the
wilderness areas designated by this Act.

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(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.

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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.

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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.

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(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the public land in the County administered by the Bureau of Land
Management in the following areas has been adequately studied for
wilderness designation:
(1) The Table Mountain Wilderness Study Area.
(2) Evergreen A, B, and C Wilderness Study Areas.
(3) Any portion of the wilderness study areas--
(A) not designated as wilderness by section 114(a); and
(B) depicted as released on--
(i) the map entitled ``Northern Lincoln County
Wilderness Map'' and dated October 1, 2004;
(ii) the map entitled ``Southern Lincoln County
Wilderness Map'' and dated October 1, 2004; or
(iii) the map entitled ``Western Lincoln County
Wilderness Map'' and dated October 1, 2004.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this title--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c));
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements; and
(3) shall be subject to the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).

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(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.

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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.

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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.

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(a) Utility Corridor.--
(1) In general.--Consistent with title II and notwithstanding
sections 202 and 503 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1711, 1763), the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall establish
on public land a 2,640-foot wide corridor for utilities in Lincoln
County and Clark County, Nevada, as generally depicted on the map
entitled ``Lincoln County Conservation, Recreation, and Development
Act'', and dated October 1, 2004.
(2) Availability.--Each map and legal description shall be on
file and available for public inspection in (as appropriate)--
(A) the Office of the Director of the Bureau of Land
Management;
(B) the Office of the Nevada State Director of the Bureau
of Land Management;
(C) the Ely Field Office of the Bureau of Land Management;
and
(D) the Caliente Field Station of the Bureau of Land
Management.
(b) Rights-of-Way.--
(1) In general.--Notwithstanding sections 202 and 503 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711,
1763), and subject to valid and existing rights, the Secretary
shall grant to the Southern Nevada Water Authority and the Lincoln
County Water District nonexclusive rights-of-way to Federal land in
Lincoln County and Clark County, Nevada, for any roads, wells, well
fields, pipes, pipelines, pump stations, storage facilities, or
other facilities and systems that are necessary for the
construction and operation of a water conveyance system, as
depicted on the map.
(2) Applicable law.--A right-of-way granted under paragraph (1)
shall be granted in perpetuity and shall not require the payment of
rental.
(3) Compliance with nepa.--Before granting a right-of-way under
paragraph (1), the Secretary shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
including the identification and consideration of potential impacts
to fish and wildlife resources and habitat.
(c) Withdrawal.--Subject to valid existing rights, the utility
corridors designated by subsection (a) are withdrawn from--
(1) all forms of entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws.
(d) State Water Law.--Nothing in this title shall--
(1) prejudice the decisions or abrogate the jurisdiction of the
Nevada or Utah State Engineers with respect to the appropriation,
permitting, certification, or adjudication of water rights;
(2) preempt Nevada or Utah State water law; or
(3) limit or supersede existing water rights or interest in
water rights under Nevada or Utah State law.
(e) Water Resources Study.--
(1) In general.--The Secretary, acting through the United
States Geological Survey, the Desert Research Institute, and a
designee from the State of Utah shall conduct a study to
investigate ground water quantity, quality, and flow
characteristics in the deep carbonate and alluvial aquifers of
White Pine County, Nevada, and any groundwater basins that are
located in White Pine County, Nevada, or Lincoln County, Nevada,
and adjacent areas in Utah. The study shall--
(A) focus on a review of existing data and may include new
data;
(B) determine the approximate volume of water stored in
aquifers in those areas;
(C) determine the discharge and recharge characteristics of
each aquifer system;
(D) determine the hydrogeologic and other controls that
govern the discharge and recharge of each aquifer system; and
(E) develop maps at a consistent scale depicting aquifer
systems and the recharge and discharge areas of such systems.
(2) 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.
(3) Agreement.--Prior to any transbasin diversion from ground-
water basins located within both the State of Nevada and the State
of Utah, the State of Nevada and the State of Utah shall reach an
agreement regarding the division of water resources of those
interstate ground-water flow system(s) from which water will be
diverted and used by the project. The agreement shall allow for the
maximum sustainable beneficial use of the water resources and
protect existing water rights.
(4) Funding.--Section 4(e)(3)(A) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007; 117
Stat. 1317) is amended--
(A) in clauses (ii), (iv), and (v), by striking ``County''
each place it appears and inserting ``and Lincoln Counties'';
(B) in clause (vi), by striking ``and'' at the end;
(C) by redesignating clause (vii) as clause (viii); and
(D) by inserting after clause (vi) the following:
``(vii) for development of a water study for Lincoln
and White Pine Counties, Nevada, in an amount not to exceed
$6,000,000; and''.

0795d5b9afba02674fe734361db875e548c569e3bf4987ee2d26320fc672bfea

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 corridor on receipt of a payment in an amount
equal to the fair market value of the corridor (plus any costs
relating to the right-of-way relocation described in this title).
(2) Fair market value.--
(A) The fair market value of the corridor shall be equal to
the amount by which the value of the discount described in the
1988 appraisal of the corridor that was applied to the land
underlying the corridor has increased, as determined by the
Secretary using the multiplier determined under subparagraph
(B).
(B) Not later than 60 days after the date of the enactment
of this Act, the Appraisal Services Directorate of the
Department of the Interior shall determine an appropriate
multiplier to reflect the change in the value of the land
underlying the corridor between--
(i) the date of which the corridor was transferred in
accordance with the Agreement; and
(ii) the date of enactment of this Act.
(3) Proceeds.--Proceeds under this subsection shall be
deposited in the account established under section 103(b)(3).
(c) Relocation.--
(1) In general.--The Secretary shall relocate to the area
described in paragraph (2), the portion of IDI-26446 and UTU-73363
identified as NVN-49781 that is located in the corridor
relinquished under subsection (b)(1).
(2) Description of area.--The area referred to in paragraph (1)
is the area located on public land west of United States Route 93.
(3) Requirements.--The relocation under paragraph (1) shall be
conducted in a manner that--
(A) minimizes engineering design changes; and
(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.

909c884402d6e04f228049c2303a529f47ffbf06e30e06cafa62d594b7e58322

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Map.--The term ``Map'' means the map entitled ``Lincoln
County Conservation, Recreation and Development Act Map'' and dated
October 1, 2004.
(3) Trail.--The term ``Trail'' means the system of trails
designated in subsection (b) as the Silver State Off-Highway
Vehicle Trail.
(b) Designation.--The trails that are generally depicted on the Map
are hereby designated as the ``Silver State Off-Highway Vehicle
Trail''.
(c) Management.--
(1) In general.--The Secretary shall manage the Trail in a
manner that--
(A) is consistent with motorized and mechanized use of the
Trail that is authorized on the date of the enactment of this
Act pursuant to applicable Federal and State laws and
regulations;
(B) ensures the safety of the people who use the Trail; and
(C) does not damage sensitive habitat or cultural
resources.
(2) Management plan.--
(A) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary, in consultation with
the State, the County, and any other interested persons, shall
complete a management plan for the Trail.
(B) Components.--The management plan shall--
(i) describe the appropriate uses and management of the
Trail;
(ii) authorize the use of motorized and mechanized
vehicles on the Trail; and
(iii) describe actions carried out to periodically
evaluate and manage the appropriate levels of use and
location of the Trail to minimize environmental impacts and
prevent damage to cultural resources from the use of the
Trail.
(3) Monitoring and evaluation.--
(A) Annual assessment.--The Secretary shall annually assess
the effects of the use of off-highway vehicles on the Trail
and, in consultation with the Nevada Division of Wildlife,
assess the effects of the Trail on wildlife and wildlife
habitat to minimize environmental impacts and prevent damage to
cultural resources from the use of the Trail.
(B) Closure.--The Secretary, in consultation with the State
and the County, may temporarily close or permanently reroute,
subject to subparagraph (C), a portion of the Trail if the
Secretary determines that--
(i) the Trail is having an adverse impact on--
(I) natural resources; or
(II) cultural resources;
(ii) the Trail threatens public safety;
(iii) closure of the Trail is necessary to repair
damage to the Trail; or
(iv) closure of the Trail is necessary to repair
resource damage.
(C) Rerouting.--Portions of the Trail that are temporarily
closed may be permanently rerouted along existing roads and
trails on public lands currently open to motorized use if the
Secretary determines that such rerouting will not significantly
increase or decrease the length of the Trail.
(D) Notice.--The Secretary shall provide information to the
public regarding any routes on the Trail that are closed under
subparagraph (B), including by providing appropriate signage
along the Trail.
(4) Notice of open routes.--The Secretary shall ensure that
visitors to the Trail have access to adequate notice regarding the
routes on the Trail that are open through use of appropriate
signage along the Trail and through the distribution of maps,
safety education materials, and other information considered
appropriate by the Secretary.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing
in this section shall be construed to affect ownership, management, or
other rights related to non-Federal land or interests in land.
(e) Map on File.--The Map shall be kept on file at the appropriate
offices of the Secretary.

9da78eadb0f18465745da215ff9571a5cd0d44b57ee06376306a530be9197eec

TITLE IV

-SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

(a) Conveyance.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1171, 1712),
not later than 1 year after lands are identified by the County, the
Secretary shall convey to the County, subject to valid existing rights,
for no consideration, all right, title, and interest of the United
States in and to the parcels of land described in subsection (b).
(b) Description of Land.--Up to 15,000 acres of Bureau of Land
Management-managed public land in Lincoln County identified by the
county in consultation with the Bureau of Land Management.
(c) Costs.--Any costs relating to any conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the County, or in accordance with section 103(b)(2) of this
Act.
(d) Use of Land.--
(1) In general.--Any parcel of land conveyed to the County
under subsection (a) shall be used only for--
(A) the conservation of natural resources; or
(B) public parks.
(2) Facilities.--Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a manner
consistent with the uses described in paragraph (1).
(e) Reversion.--If a parcel of land conveyed under subsection (a)
is used in a manner that is inconsistent with the uses specified in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.

12f23900f4b1108dc824209d0d70200dbfe804630d8d5f887a7cdd4966b5ff8d

TITLE V

-OPEN SPACE PARKS

(a) Conveyance.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall
convey to the State of Nevada, subject to valid existing rights, for no
consideration, all right, title, and interest of the United States in
and to the parcels of land described in subsection (b), if there is a
written agreement between the State and Lincoln County, Nevada,
supporting such a conveyance.
(b) Description of Land.--The parcels of land referred to in
subsection (a) are the parcels of land depicted as ``NV St. Park
Expansion Proposal'' on the map entitled ``Lincoln County Conservation,
Recreation, and Development Act Map'' and dated October 1, 2004.
(c) Costs.--Any costs relating to any conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the State.
(d) Use of Land.--
(1) In general.--Any parcel of land conveyed to the State under
subsection (a) shall be used only for--
(A) the conservation of natural resources; or
(B) public parks.
(2) Facilities.--Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a manner
consistent with the uses described in paragraph (1).
(e) Reversion.--If a parcel of land conveyed under subsection (a)
is used in a manner that is inconsistent with the uses specified in
subsection (d), the parcel of land shall, at the discretion of the
Secretary, revert to the United States.

e015089de9bbcefd0d3eec432b21aab0bdcacbb322b534b6981ec6dbfded47f7

WILDLIFE SERVICE AND THE BUREAU OF LAND MANAGEMENT.
(a) In General.--Administrative jurisdiction over the land
described in subsection (b) is transferred from the United States
Bureau of Land Management to the United States Fish and Wildlife
Service for inclusion in the Desert National Wildlife Range and the
administrative jurisdiction over the land described in subsection (c)
is transferred from the United States Fish and Wildlife Service to the
United States Bureau of Land Management.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 8,503 acres of land administered by
the United States Bureau of Land Management as generally depicted on
the map entitled ``Lincoln County Conservation, Recreation, and
Development Act Map'' and identified as ``Lands to be transferred to
the Fish and Wildlife Service'' and dated October 1, 2004.
(c) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 8,382 acres of land administered by
the United States Fish and Wildlife Service as generally depicted on
the map entitled ``Lincoln County Conservation, Recreation, and
Development Act Map'' and identified as ``Lands to be transferred to
the Bureau of Land Management'' and dated October 1, 2004.
(d) Availability.--Each map and legal description shall be on file
and available for public inspection in (as appropriate)--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Office of the Nevada State Director of the Bureau of
Land Management;
(3) the Ely Field Station of the Bureau of Land Management;
(4) the Caliente Field Office of the Bureau of Land Management;
(5) the Office of the Director of the United States Fish and
Wildlife Service; and
(6) the Office of the Desert National Wildlife Complex.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b1b6bcbed5ae32681cb0bf4e3f02861dd5ee433552db661e33e1491b92787621

Lincoln County Conservation, Recreation, and Development Act of 2004 — HR. 4593

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