[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2804
To promote conservation, improve public land management, and provide
for sensible development in Pershing County, Nevada, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2019
Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To promote conservation, improve public land management, and provide
for sensible development in Pershing County, Nevada, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pershing County
Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CHECKERBOARD LAND RESOLUTION
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Sale or exchange of eligible land.
Sec. 104. Sale of encumbered land.
Sec. 105. Disposition of proceeds.
Sec. 106. Conveyance of land for use as a public cemetery.
TITLE II--WILDERNESS AREAS
Sec. 201. Additions to the National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Wildlife management.
Sec. 204. Release of wilderness study areas.
Sec. 205. Native American cultural and religious uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Pershing County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 201(a).
TITLE I--CHECKERBOARD LAND RESOLUTION
SEC. 101. FINDINGS.
Congress finds that--
(1) since the passage of the Act of July 1, 1862 (12 Stat.
489, chapter 120) (commonly known as the ``Pacific Railway Act
of 1862''), under which railroad land grants along the Union
Pacific Railroad right-of-way created a checkerboard land
pattern of alternating public land and privately owned land,
management of the land in the checkerboard area has been a
constant source of frustration for the County government,
private landholders in the County, and the Federal Government;
(2) management of Federal land in the checkerboard area has
been costly and difficult for the Federal land management
agencies, creating a disincentive to manage the land
effectively;
(3) parcels of land within the checkerboard area in the
County will not vary significantly in appraised value by acre
due to the similarity of highest and best use in the County;
and
(4) consolidation of appropriate land within the
checkerboard area through sales and exchanges for development
and Federal management will--
(A) help improve the tax base of the County; and
(B) simplify management for the Federal Government.
SEC. 102. DEFINITIONS.
In this title:
(1) Eligible land.--The term ``eligible land'' means any
land administered by the Director of the Bureau of Land
Management--
(A) that is within the area identified on the Map
as ``Checkerboard Lands Resolution Area'' that is
designated for disposal by the Secretary through--
(i) the Winnemucca Consolidated Resource
Management Plan; or
(ii) any subsequent amendment or revision
to the management plan that is undertaken with
full public involvement; and
(B) that is not encumbered land.
(2) Encumbered land.--The term ``encumbered land'' means
any land administered by the Director of the Bureau of Land
Management within the area identified on the Map as
``Checkerboard Lands Resolution Area'' that is encumbered by
mining claims, millsites, or tunnel sites.
(3) Map.--The term ``Map'' means the map prepared under
section 103(b)(1).
(4) Qualified entity.--The term ``qualified entity'' means,
with respect to a portion of encumbered land--
(A) the owner of a mining claim, millsite, or
tunnel site located on a portion of the encumbered land
on the date of enactment of this Act; and
(B) a successor in interest of an owner described
in subparagraph (A).
SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND.
(a) Authorization of Conveyance.--Notwithstanding sections 202,
203, 206, and 209 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712, 1713, 1716, 1719), as soon as practicable after the
date of enactment of this Act, the Secretary, in accordance with this
Act and any other applicable law and subject to valid existing rights,
shall conduct sales or exchanges of the eligible land.
(b) Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map that
depicts the boundaries of the land identified for disposal
under this title, to be identified as the ``Checkerboard Lands
Resolution Area'' on the Map.
(2) Minor corrections.--The Secretary, in consultation with
the County, may correct minor errors in the Map.
(c) Joint Selection Required.--After providing public notice, the
Secretary and the County shall jointly select parcels of eligible land
to be offered for sale or exchange under subsection (a).
(d) Method of Sale.--A sale of eligible land under subsection (a)
shall be--
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(2) conducted through a competitive bidding process, under
which adjoining landowners are offered the first option, unless
the Secretary determines there are suitable and qualified
buyers that are not adjoining landowners; and
(3) for not less than fair market value, based on an
appraisal in accordance with the Uniform Standards of
Professional Appraisal Practice and this Act.
(e) Land Exchanges.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and subject to the joint selection
requirements under subsection (c), the Secretary shall offer to
exchange all eligible land under this section for private land.
(2) Adjacent land.--To the extent practicable, the
Secretary shall seek to enter into agreements with one or more
owners of private land adjacent to the eligible land for the
exchange of the private land for the eligible land, if the
Secretary determines that the exchange would consolidate
Federal land ownership and facilitate improved Federal land
management.
(3) Priority land exchanges.--In acquiring private land
under this subsection, the Secretary shall give priority to the
acquisition of private land in higher-value natural resource
areas in the County.
(f) Mass Appraisals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall--
(A) conduct a mass appraisal of eligible land to be
sold or exchanged under this section;
(B) prepare an evaluation analysis for each land
transaction under this section; and
(C) make available to the public the results of the
mass appraisals conducted under subparagraph (A).
(2) Use.--The Secretary may use mass appraisals and
evaluation analyses conducted under paragraph (1) to facilitate
exchanges of eligible land for private land.
(g) Deadline for Sale or Exchange; Exclusions.--
(1) Deadline.--Not later than 90 days after the date on
which the eligible land is jointly selected under subsection
(c), the Secretary shall offer for sale or exchange the parcels
of eligible land jointly selected under that subsection.
(2) Postponement or exclusion.--The Secretary or the County
may postpone, or exclude from, a sale or exchange of all or a
portion of the eligible land jointly selected under subsection
(c) for emergency ecological or safety reasons.
(h) Withdrawal.--
(1) In general.--Subject to valid existing rights and
mining claims, millsites, and tunnel sites, effective on the
date on which a parcel of eligible land is jointly selected
under subsection (c) for sale or exchange, that parcel 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) Termination.--The withdrawal of a parcel of eligible
land under paragraph (1) shall terminate--
(A) on the date of sale or, in the case of
exchange, the conveyance of title of the parcel of
eligible land under this section; or
(B) with respect to any parcel of eligible land
selected for sale or exchange under subsection (c) that
is not sold or exchanged, not later than 2 years after
the date on which the parcel was offered for sale or
exchange under this section.
SEC. 104. SALE OF ENCUMBERED LAND.
(a) Authorization of Conveyance.--Notwithstanding sections 202,
203, 206, and 209 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712, 1713, 1716, 1719), not later than 90 days after the
date of enactment of this Act and subject to valid existing rights held
by third parties, the Secretary shall offer to convey to qualified
entities, for fair market value, the remaining right, title, and
interest of the United States, in and to the encumbered land.
(b) Costs of Sales to Qualified Entities.--As a condition of each
conveyance of encumbered land under this section, the qualified entity
shall pay all costs related to the conveyance of the encumbered land,
including the costs of surveys and other administrative costs
associated with the conveyance.
(c) Offer To Convey.--
(1) In general.--Not later than 180 days after the date on
which the Secretary receives a fair market offer from a
qualified entity for the conveyance of encumbered land, the
Secretary shall accept the fair market value offer.
(2) Appraisal.--Fair market value of the interest of the
United States in and to encumbered land shall be determined by
an appraisal conducted in accordance with the Uniform Standards
of Professional Appraisal Practice.
(d) Conveyance.--Not later than 180 days after the date of
acceptance by the Secretary of an offer from a qualified entity under
subsection (c)(1) and completion of a sale for all or part of the
applicable portion of encumbered land to the qualified entity, the
Secretary, by delivery of an appropriate deed, patent, or other valid
instrument of conveyance, shall convey to the qualified entity all
remaining right, title, and interest of the United States in and to the
applicable portion of the encumbered land.
(e) Merger.--Subject to valid existing rights held by third
parties, on delivery of the instrument of conveyance to the qualified
entity under subsection (d), the prior interests in the locatable
minerals and the right to use the surface for mineral purposes held by
the qualified entity under a mining claim, millsite, tunnel site, or
any other Federal land use authorization applicable to the encumbered
land included in the instrument of conveyance, shall merge with all
right, title, and interest conveyed to the qualified entity by the
United States under this section to ensure that the qualified entity
receives fee simple title to the purchased encumbered land.
SEC. 105. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--Of the proceeds from the sale of land
under this title--
(1) 5 percent shall be disbursed to the State for use in
the general education program of the State;
(2) 10 percent shall be disbursed to the County for use as
determined through normal County budgeting procedures; and
(3) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Pershing County Special Account'', which shall be available
to the Secretary, in consultation with the County, for--
(A) the acquisition of land from willing sellers
(including interests in land) in the County--
(i) within a wilderness area;
(ii) that protects other environmentally
significant land;
(iii) that secures public access to Federal
land for hunting, fishing, and other
recreational purposes; or
(iv) that improves management of Federal
land within the area identified on the Map as
``Checkerboard Lands Resolution Area''; and
(B) the reimbursement of costs incurred by the
Secretary in preparing for the sale or exchange of land
under this title.
(b) Investment of Special Account.--Any amounts deposited in the
special account established under subsection (a)(3)--
(1) shall earn interest in an amount determined by the
Secretary of the Treasury, based on the current average market
yield on outstanding marketable obligations of the United
States of comparable maturities; and
(2) may be expended by the Secretary in accordance with
this section.
(c) Reports.--
(1) In general.--Not later than September 30 of the fifth
fiscal year after the date of enactment of this Act, and every
5 fiscal years thereafter, the Secretary shall submit to the
State, the County, and the appropriate committees of Congress a
report on the operation of the special account established
under subsection (a)(3) for the preceding 5 fiscal years.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the fiscal year covered by the report--
(A) a statement of the amounts deposited into the
special account;
(B) a description of the expenditures made from the
special account for the fiscal year, including the
purpose of the expenditures;
(C) recommendations for additional authorities to
fulfill the purpose of the special account; and
(D) a statement of the balance remaining in the
special account at the end of the fiscal year.
SEC. 106. CONVEYANCE OF LAND FOR USE AS A PUBLIC CEMETERY.
(a) In General.--The Secretary shall convey to the County, without
consideration, the Federal land described in subsection (b).
(b) Description of Federal Land.--The Federal land referred to in
subsection (a) is the approximately 10 acres of land depicted as
``Unionville Cemetery'' on the Map.
(c) Use of Conveyed Land.--The Federal land conveyed under
subsection (a) shall be used by the County as a public cemetery.
TITLE II--WILDERNESS AREAS
SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of Federal land in the State are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
12,339 acres, as generally depicted on the map entitled
``Proposed Cain Mountain Wilderness'' and dated February 9,
2017, which shall be known as the ``Cain Mountain Wilderness''.
(2) Bluewing wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 24,900
acres, as generally depicted on the map entitled ``Proposed
Bluewing Wilderness'' and dated February 9, 2017, which shall
be known as the ``Bluewing Wilderness''.
(3) Selenite peak wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
22,822 acres, as generally depicted on the map entitled
``Proposed Selenite Peak Wilderness'' and dated February 9,
2017, which shall be known as the ``Selenite Peak Wilderness''.
(4) Mount limbo wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
11,855 acres, as generally depicted on the map entitled
``Proposed Mt. Limbo Wilderness'' and dated February 9, 2017,
which shall be known as the ``Mount Limbo Wilderness''.
(5) North sahwave wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
13,875 acres, as generally depicted on the map entitled
``Proposed North Sahwave Wilderness'' and dated February 9,
2017, which shall be known as the ``North Sahwave Wilderness''.
(6) Grandfathers wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
35,339 acres, as generally depicted on the map entitled
``Proposed Grandfathers Wilderness'' and dated February 9,
2017, which shall be known as the ``Grandfathers Wilderness''.
(7) Fencemaker wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 14,942
acres, as generally depicted on the map entitled ``Proposed
Fencemaker Wilderness'' and dated February 9, 2017, which shall
be known as the ``Fencemaker Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness area
that is bordered by a road shall be 100 feet from the centerline of the
road.
(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.
(2) Effect.--Each map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--Each map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(4) Withdrawal.--Subject to valid existing rights, the
wilderness areas designated by subsection (a) are withdrawn
from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
SEC. 202. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that with respect to
the wilderness areas--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the wilderness areas,
if established before the date of enactment of this Act, shall be
allowed to continue, subject to such reasonable regulations, policies,
and practices as the Secretary considers to be necessary in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundary of a wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness area.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the wilderness areas to create protective
perimeters or buffer zones around the wilderness areas.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
(e) Military Overflights.--Nothing in this title restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, 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.
(f) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may take such measures in the wilderness areas as are
necessary for the control of fire, insects, and diseases (including, as
the Secretary determines to be appropriate, the coordination of the
activities with a State or local agency).
(g) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological data collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
(h) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas are located--
(i) in the semiarid region of the Great
Basin; and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are
few, if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the wilderness areas are generally not suitable
for use or development of new water resource
facilities; and
(C) because of the unique nature of the wilderness
areas, it is possible to provide for proper management
and protection of the wilderness and other values of
land in ways different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the wilderness areas by means other than a
federally reserved water right.
(3) Statutory construction.--Nothing in this title--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the wilderness areas;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(4) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas.
(5) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the
term ``water resource facility'' means
irrigation and pumping facilities, reservoirs,
water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities,
and other water diversion, storage, and
carriage structures.
(ii) Exclusion.--In this paragraph, the
term ``water resource facility'' does not
include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this 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.
(i) Temporary Telecommunications Device.--
(1) In general.--Nothing in this title prevents the
placement of a temporary telecommunications device for law
enforcement or agency administrative purposes in the Selenite
Peak Wilderness in accordance with paragraph (2).
(2) Additional requirements.--Any temporary
telecommunications device authorized by the Secretary under
paragraph (1) shall--
(A) be carried out in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) all other applicable laws (including
regulations);
(B) to the maximum practicable, be located in such
a manner as to minimize impacts on the recreational and
other wilderness values of the area; and
(C) be for a period of not longer than 7 years.
SEC. 203. 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.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the wilderness areas
that are necessary to maintain or restore fish and wildlife populations
and the habitats to support the populations, if the activities are
carried out--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405), including noxious weed
treatment and the occasional and temporary use of
motorized vehicles if the use, as determined by the
Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness values with the minimal impact
necessary to reasonably accomplish those tasks.
(c) Existing Activities.--In accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide water
for wildlife populations.
(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 if--
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary may designate 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.
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency and notify the
public before taking any action under paragraph (1).
(f) Cooperative Agreement.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
wilderness areas--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by
the Secretary and the State; and
(B) subject to all applicable laws (including
regulations).
(2) References; clark county.--For the purposes of this
subsection, any references to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered to
be a reference to the wilderness areas.
SEC. 204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the approximately 48,600 acres of public land in the portions
of the China Mountain, Mt. Limbo, Selenite Mountains, and Tobin Range
wilderness study areas that have not been designated as wilderness by
section 201(a) and the portion of the Augusta Mountains wilderness
study area within the County that has not been designated as wilderness
by section 201(a) have been adequately studied for wilderness
designation.
(b) Release.--The public land described in subsection (a)--
(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)); and
(2) shall be managed in accordance with the applicable land
use plans adopted under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
(a) In General.--Nothing in this title alters or diminishes the
treaty rights of any Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
(b) Cultural Uses.--Nothing in this title precludes the traditional
collection of pine nuts in a wilderness area for personal,
noncommercial use consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.).
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