[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2890 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2890
To promote conservation, improve public land, and provide for sensible
development in Douglas County, Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 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, and provide for sensible
development in Douglas 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 ``Douglas 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--LAND CONVEYANCES AND SALES
Sec. 101. Conveyance to State.
Sec. 102. Tahoe Rim Trail.
Sec. 103. Conveyance to County.
Sec. 104. Sale of certain Federal land.
Sec. 105. Open space recreation area.
TITLE II--TRIBAL CULTURAL RESOURCES
Sec. 201. Transfer of land to be held in trust for Tribe.
TITLE III--RESOLUTION OF BURBANK CANYONS WILDERNESS STUDY AREA
Sec. 301. Addition to National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Fish and wildlife management.
Sec. 304. Release of wilderness study area.
Sec. 305. Native American cultural and religious uses.
TITLE IV--TRANSFER OF ADMINISTRATIVE JURISDICTION OVER FOREST SERVICE
LAND
Sec. 401. Authority to transfer.
Sec. 402. Special use permits for recreation and public purposes.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Douglas County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Douglas
County Economic Development and Conservation Act'' and dated
October 14, 2019.
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to National Forest System land,
the Secretary of Agriculture, acting through the Chief
of the Forest Service; and
(B) with respect to land managed by the Bureau of
Land Management, including land held in trust for the
benefit of the Tribe, the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California.
(7) Wilderness.--The term ``Wilderness'' means the Burbank
Canyons Wilderness designated by section 301(a).
TITLE I--LAND CONVEYANCES AND SALES
SEC. 101. CONVEYANCE TO STATE.
(a) In General.--Subject to valid existing rights, the Secretary
concerned shall convey to the State, without consideration, all right,
title, and interest of the United States in and to the land described
in subsection (b).
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 67 acres of Forest Service land generally depicted as
``Lake Tahoe-Nevada State Park'' on the Map.
(c) Costs.--As a condition of the conveyance under subsection (a),
the State shall pay all costs associated with the conveyance (including
any costs for surveys and other administrative costs).
(d) Use of Land.--
(1) In general.--The land conveyed to the State under
subsection (a) shall be used only for--
(A) the conservation of wildlife or natural
resources; or
(B) a public park.
(2) Facilities.--Any facility on land conveyed under
subsection (a) shall be constructed and managed in accordance
with the uses described in paragraph (1).
(e) Reversion.--If any portion of the land conveyed under
subsection (a) is used in a manner that is inconsistent with the uses
described in subsection (d), the land shall, at the discretion of the
Secretary concerned, revert to the United States.
SEC. 102. TAHOE RIM TRAIL.
(a) In General.--The Secretary of Agriculture, in consultation with
the County and other stakeholders, shall develop and implement a
cooperative management agreement for the land described in subsection
(b)--
(1) to improve the quality of recreational access to the
land by providing such additional amenities as are agreed to by
the Secretary and the County; and
(2) to conserve the natural resource values of the land.
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 13 acres of land generally depicted as ``Tahoe Rim
Trail North Parcel'' on the Map.
SEC. 103. CONVEYANCE TO COUNTY.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the approximately 7,777 acres of Federal land in
the County generally depicted as ``Douglas County Land Conveyances'' on
the Map.
(b) Authorization of Conveyance.--Subject to valid existing rights
and notwithstanding the land use planning requirements of section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712),
not later than 180 days after the date on which the Secretary concerned
receives a request from the County for the conveyance of the Federal
land, the Secretary concerned shall convey to the County, without
consideration, all right, title, and interest of the United States in
and to the Federal land.
(c) Costs.--As a condition of the conveyance under subsection (b),
the County shall pay all costs associated with the conveyance
(including any costs for surveys and other administrative costs).
(d) Use of Federal Land.--The Federal land conveyed under
subsection (b)--
(1) may be used by the County for flood control or any
other public purpose consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.); and
(2) shall not be disposed of by the County.
(e) Reversion.--If the Federal land conveyed under subsection (b)
is used in a manner inconsistent with subsection (d), the Federal land
shall, at the discretion of the Secretary concerned, revert to the
United States.
(f) Acquisition of Federal Reversionary Interest.--
(1) Request.--The County may submit to the Secretary
concerned a request to acquire the Federal reversionary
interest in all or any portion of the Federal land conveyed
under subsection (b).
(2) Appraisal.--
(A) In general.--Not later than 180 days after the
date of receipt of a request under paragraph (1), the
Secretary concerned shall complete an appraisal of the
Federal reversionary interest in the Federal land
requested by the County.
(B) Requirement.--The appraisal under subparagraph
(A) shall be completed in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Conveyance required.--
(A) In general.--If, by the date that is 1 year
after the date of completion of the appraisal under
paragraph (2), the County submits to the Secretary
concerned an offer to acquire the Federal reversionary
interest requested under paragraph (1), the Secretary
concerned, by not later than the date that is 30 days
after the date on which the offer is submitted, shall
convey to the County that reversionary interest.
(B) Consideration.--As consideration for the
conveyance of the Federal reversionary interest under
subparagraph (A), the County shall pay to the Secretary
concerned an amount equal to the appraised value of the
Federal reversionary interest, as determined under
paragraph (2).
(C) Costs.--As a condition of conveyance of the
Federal reversionary interest under subparagraph (A),
the County shall pay all costs associated with the
conveyance (including any costs for surveys and other
administrative costs).
(4) Disposition of proceeds.--Any amounts collected under
this subsection shall be disposed of in accordance with section
104(i).
(g) Revocation of Orders.--Any public land order that withdraws any
portion of the Federal land from appropriation or disposal under a
public land law shall be revoked to the extent necessary to permit
disposal of the Federal land under this section.
SEC. 104. SALE OF CERTAIN FEDERAL LAND.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary concerned shall, in accordance with the other provisions
of that Act and any other applicable law, and subject to valid existing
rights, conduct 1 or more sales of the Federal land (including mineral
rights to that land) described in subsection (b) to qualified bidders.
(b) Description of Land.--The Federal land referred to in
subsection (a) is--
(1) the approximately 59.5 acres of public land generally
depicted as ``Lands for Disposal'' on the Map;
(2) not more than 10,000 acres of land in the County that--
(A) is not segregated or withdrawn on or after the
date of enactment of this Act, unless the land is
withdrawn in accordance with subsection (g); and
(B) is identified for disposal by the Secretary
concerned through--
(i) the Carson City Consolidated Resource
Management Plan; or
(ii) any subsequent amendment to that
management plan that is undertaken with full
public involvement; and
(3) any mineral right associated with land described in
paragraph (1) or (2).
(c) Joint Selection Required.--The Secretary concerned and the
County shall jointly select which parcels of the Federal land described
in subsection (b)(2) to offer for sale under subsection (a).
(d) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale of Federal land under subsection (a), the County
shall submit to the Secretary concerned a certification that qualified
bidders have agreed to comply with--
(1) County zoning ordinances; and
(2) any master plan for the area approved by the County.
(e) Method of Sale.--The sale of Federal land under subsection (a)
shall be--
(1) through a competitive bidding process, unless otherwise
determined by the Secretary concerned; and
(2) for not less than fair market value.
(f) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not later than 30 days before any land
described in subsection (b) is offered for sale under
subsection (a), the State or County may elect to obtain the
land for public purposes, in accordance with the Act of June
14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(2) Retention.--Pursuant to an election made under
paragraph (1), the Secretary concerned shall retain the
relevant land for conveyance to the State or County in
accordance with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (3), the Federal land described
in subsection (b) is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(2) Termination.--The withdrawal under paragraph (1) shall
terminate--
(A) on the date of sale or conveyance of title to
the land described in subsection (b) pursuant to this
section; or
(B) with respect to any land described in
subsection (b) that is not sold or exchanged, not later
than 1 year after the date on which the land was
offered for sale under this section.
(3) Exception.--Paragraph (1)(A) shall not apply to--
(A) a sale conducted in accordance with this
section; or
(B) an election by the State or County under
subsection (f)(1).
(h) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act, if
there is a qualified bidder for the land described in
subsection (b), the Secretary concerned shall offer the land
for sale to the qualified bidder.
(2) Postponement; exclusion from sale.--At the request of
the County, the Secretary concerned may temporarily postpone or
exclude from sale under paragraph (1) all or a portion of the
land described in subsection (b).
(i) Disposition of Proceeds.--Of the proceeds of a sale under this
section--
(1) 5 percent shall be disbursed to the State for use by
the State for general education programs of the State;
(2) 10 percent shall be disbursed to the County for use by
the County for general budgeting purposes; and
(3) 85 percent shall be deposited in a special account in
the Treasury of the United States, to be known as the ``Douglas
County Special Account'', which shall be available to the
Secretary concerned until expended, without further
appropriation--
(A) to reimburse costs incurred by the Secretary
concerned in preparing for the sale of the land
described in subsection (b), including--
(i) the costs of surveys and appraisals;
and
(ii) the costs of compliance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) sections 202 and 203 of the
Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712, 1713);
(B) to reimburse costs incurred by the Bureau of
Land Management and the Forest Service in preparing
for, and carrying out, the transfers of land to be held
in trust by the United States under section 201; and
(C) to acquire environmentally sensitive land or an
interest in environmentally sensitive land in the
County--
(i) pursuant to the Douglas County Open
Space and Agricultural Lands Preservation
Implementation Plan, or any subsequent
amendment to the plan that is undertaken with
full public involvement; and
(ii) for flood control purposes.
(j) Availability of Funds.--Section 4(e) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346;
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123
Stat. 1114) is amended--
(1) in paragraph (3)(A)--
(A) by striking clause (iv) and inserting the
following:
``(iv) development of parks, trails, and
natural areas in Clark, Lincoln, and White Pine
Counties, Washoe County (subject to paragraph
(4)), Carson City (subject to paragraph (5)),
and Douglas County (subject to paragraph (6)),
Nevada, pursuant to a cooperative agreement
with a unit of local government or regional
governmental entity;''; and
(B) in clause (v), by striking ``Clark, Lincoln,
and White Pine Counties and Carson City (subject to
paragraph (5))'' and inserting ``Clark, Lincoln, and
White Pine Counties, Washoe County (subject to
paragraph (4)), Carson City (subject to paragraph (5)),
and Douglas County (subject to paragraph (6))''; and
(2) by adding at the end the following:
``(6) Limitation for douglas county.--Douglas County shall
be eligible to nominate for expenditure amounts to acquire land
or any interest in land for parks, trails, or natural areas and
for conservation initiatives--
``(A) within the Carson River watershed;
``(B) within the Walker River watershed; or
``(C) for the conservation of sage-grouse
habitat.''.
(k) Revocation of Orders.--Any public land order that withdraws any
portion of the land described in subsection (b) from appropriation or
disposal under a public land law shall be revoked to the extent
necessary to permit disposal of that land under this section.
SEC. 105. OPEN SPACE RECREATION AREA.
(a) Authorization of Conveyance.--Not later than 180 days after the
date on which the Secretary of Agriculture receives a request from the
County, the Secretary of Agriculture shall convey to the County,
without consideration, all right, title, and interest of the United
States in and to the Federal land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 1,084 acres of land generally depicted as ``Open
Space Recreation Area'' on the Map.
(c) Costs.--As a condition of the conveyance under subsection (a),
the County shall pay all costs associated with the conveyance
(including any costs for surveys and other administrative costs).
(d) Use of Land.--The land conveyed under subsection (a)--
(1) shall be used by the County for recreation and any
other public purpose consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.); and
(2) shall not be disposed of by the County.
TITLE II--TRIBAL CULTURAL RESOURCES
SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR TRIBE.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)--
(1) shall be held in trust by the United States for the
benefit of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
is--
(1) the approximately 2,669 acres of Federal land generally
depicted as ``Washoe Tribe Conveyances'' on the Map; and
(2) any land--
(A) generally depicted as ``Section 5 lands'' on
the Map; and
(B) administered on the date of enactment of this
Act by--
(i) the Bureau of Land Management; or
(ii) the Forest Service.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary concerned shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
(d) Use of Trust Land.--
(1) Gaming.--Land taken into trust under this section shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) Thinning; landscape restoration.--
(A) In general.--The Secretary concerned, in
consultation and coordination with the Tribe, may carry
out any fuel reduction or other landscape restoration
activities on the land taken into trust under
subsection (a) (including land that includes threatened
or endangered species habitat), that are beneficial
to--
(i) the Tribe; and
(ii) as applicable--
(I) the Bureau of Land Management;
or
(II) the Forest Service.
(B) Conservation benefits.--Activities carried out
under subparagraph (A) include activities that provide
conservation benefits to a species that--
(i) is not listed as endangered or
threatened under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)); but
(ii) is--
(I) a candidate for a listing as an
endangered or threatened species under
that Act (16 U.S.C. 1531 et seq.);
(II) a species of concern; or
(III) listed by a State as a
threatened or endangered species.
(e) Water Rights.--Nothing in this section affects the allocation,
ownership, interest, or control, as in existence on the date of
enactment of this Act, of any water, water right, or any other valid
existing right held by--
(1) the United States;
(2) an Indian Tribe;
(3) a State; or
(4) a person.
TITLE III--RESOLUTION OF BURBANK CANYONS WILDERNESS STUDY AREA
SEC. 301. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the approximately 12,392 acres of Federal
land managed by the Bureau of Land Management and generally depicted as
``Burbank Canyons Wilderness'' on the Map is designated as wilderness
and as a component of the National Wilderness Preservation System, to
be known as the ``Burbank Canyons Wilderness''.
(b) Boundary.--The boundary of any portion of the Wilderness that
is bordered by a road shall be not less than 100 feet from the
centerline 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 concerned shall prepare a
map and legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary concerned may
correct any minor error in the map or legal description.
(3) Availability.--A copy of the map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(d) Withdrawal.--Subject to valid existing rights, the Wilderness
is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 302. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary concerned in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(b) Livestock.--The grazing of livestock in the Wilderness, 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 concerned 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 boundaries of the Wilderness 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.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the Wilderness to create a protective perimeter
or buffer zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness shall not preclude the conduct of the activities or
uses outside the boundary of the Wilderness.
(e) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military overflights that can be seen or
heard within the wilderness area;
(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.
(f) Existing Airstrips.--Nothing in this Act restricts or precludes
low-level overflights by aircraft utilizing airstrips in existence on
the date of enactment of this Act that are located within 5 miles of
the proposed boundary of the Wilderness.
(g) 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 concerned may take any measures in the Wilderness that the
Secretary concerned determines to be necessary for the control of fire,
insects, and diseases, including, as the Secretary concerned determines
to be appropriate, the coordination of the activities with the State or
a local agency.
(h) 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 concerned may prescribe, the Secretary concerned may
authorize the installation and maintenance of hydrologic, meteorologic,
or climatological collection devices in the Wilderness if the Secretary
concerned determines that the facilities, and access to the facilities,
are essential to flood warning, flood control, or water reservoir
operation activities.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the Wilderness is located--
(i) in the semiarid region of the Great
Basin; and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are
few, if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the Wilderness is generally not suitable for
use or development of new water resource facilities;
and
(C) because of the unique nature of the Wilderness,
it is possible to provide for proper management and
protection of the wilderness and other values of land
by means different from the means used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the Wilderness by means other than a
federally reserved water right.
(3) Statutory construction.--Nothing in this Act--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the Wilderness;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(4) State water law.--The Secretary concerned 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.
(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 a wildlife guzzler.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within any wilderness area,
including a portion of a wilderness area, that is
located in the County.
SEC. 303. FISH AND 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 Act affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting, fishing, and
trapping, in the Wilderness.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary concerned may conduct any management activities in the
Wilderness that are necessary to maintain or restore any fish or
wildlife population, or the habitats to support such a population, if
the activities are carried out--
(1) in a manner that is consistent with relevant wilderness
management plans; and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405), including the
occasional and temporary use of motorized vehicles and
aircraft if the use, as determined by the Secretary
concerned, 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.--Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of the
report of the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide water
for wildlife populations in the Wilderness.
(d) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary concerned 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.
(2) Consultation.--Except in emergencies, the Secretary
concerned shall consult with the appropriate State agency and
notify the public before making any designation under paragraph
(1).
(e) Cooperative Agreement.--
(1) In general.--The State (including a designee of the
State) may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary of the Interior 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 of the Interior
and the State; and
(B) subject to all applicable laws (including
regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference contained in the cooperative
agreement described in paragraph (1)(A) to ``Clark County''
shall be considered to be a reference to the Wilderness.
SEC. 304. RELEASE OF WILDERNESS STUDY AREA.
(a) Finding.--Congress finds that, for purposes of section 603(c)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the approximately 1,065 acres of public land in the Burbank
Canyons Wilderness study area that is not designated as wilderness by
section 301 has been adequately studied for wilderness designation.
(b) Release.--Effective beginning on the date of enactment of this
Act, the public land described in subsection (a)--
(1) shall no longer be 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 any applicable--
(A) land management plans adopted under section 202
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712); and
(B) cooperative conservation agreements in
existence on the date of enactment of this Act.
SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
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)).
TITLE IV--TRANSFER OF ADMINISTRATIVE JURISDICTION OVER FOREST SERVICE
LAND
SEC. 401. AUTHORITY TO TRANSFER.
(a) In General.--Consistent with section 3(b) of Public Law 96-586
(commonly known as the ``Santini-Burton Act'') (94 Stat. 3384), and
subject to valid existing rights, on receipt of a request by the State
or County and subject to such terms and conditions as are satisfactory
to the Secretary of Agriculture, the Secretary of Agriculture may
transfer to the State or County the Forest Service land, or any
interest in the Forest Service land, described in subsection (b),
without consideration, to protect the environmental quality and public
recreational use of the transferred Forest Service land.
(b) Description of Forest Service Land.--The land referred to in
subsection (a) is any Forest Service land located within the boundaries
of the area acquired under Public Law 96-586 (commonly known as the
``Santini-Burton Act'') (94 Stat. 3381) that is--
(1) unsuitable for Forest Service administration; or
(2) necessary for a public purpose.
(c) Use of Land.--Any land or interest conveyed pursuant to
subsection (a) shall--
(1) be managed by the State or County, as applicable--
(A) to maintain undeveloped open space;
(B) to preserve the natural characteristics of the
transferred land in perpetuity; and
(C) to protect and enhance water quality, stream
environment zones, and important wildlife habitat; and
(2) be used by the State or County, as applicable, for
recreation or other public purposes, including trails,
trailheads, fuel reduction, flood control, and other
infrastructure consistent with the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.).
(d) Reversion.--If any land or interest in land conveyed pursuant
to subsection (a) is used in a manner that is inconsistent with
subsection (c), the land or interest shall, at the discretion of the
Secretary of Agriculture, revert to the United States.
SEC. 402. SPECIAL USE PERMITS FOR RECREATION AND PUBLIC PURPOSES.
(a) In General.--Not later than 1 year after the date on which the
Secretary of Agriculture receives from the County or a unit of local
government an application for the use of the Federal land described in
subsection (b), the Secretary, in accordance with all applicable laws,
shall issue to the County or unit of local government a special use
permit for recreation and public purposes for a term of not less than
30 years.
(b) Description of Land.--The land referenced in subsection (a) is
the approximately 188 acres of Federal land in the County generally
depicted as ``Directed Special Use Permit'' on the Map.
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