[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1411 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1411
To provide for the conveyance of certain Federal land to Lander County,
Nevada, to designate certain wilderness areas in Lander County, Nevada,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2021
Ms. Rosen (for herself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of certain Federal land to Lander County,
Nevada, to designate certain wilderness areas in Lander 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 ``Lander County Land
Management and Conservation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LANDER COUNTY LAND CONVEYANCES
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Conveyances to Lander County, Nevada.
TITLE II--LANDER COUNTY WILDERNESS AREAS
Sec. 201. Definitions.
Sec. 202. Designation of wilderness areas.
Sec. 203. Administration.
Sec. 204. Wildlife management.
Sec. 205. Release of wilderness study areas.
Sec. 206. Native American cultural and religious uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Lander County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
TITLE I--LANDER COUNTY LAND CONVEYANCES
SEC. 101. FINDINGS.
Congress finds that--
(1) wildland fires pose a threat to public and private
natural resources in the County;
(2) expanding and improving the airports in the County
through the inclusion of available adjacent land would support
firefighting capabilities in the County;
(3) the protection, development, and use of water resources
in the County play a key role in major economic activities for
the County, including--
(A) commercial development;
(B) mining;
(C) agriculture;
(D) tourism;
(E) recreational activity; and
(F) conservation; and
(4) recreational and public park opportunities in the
County could be substantially enhanced through expansion of the
park system in the County.
SEC. 102. DEFINITIONS.
In this title:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
National Forest System land.
SEC. 103. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and Parks.--
Notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 60 days after the date on which the County
identifies the parcels of Federal land selected by the County for
conveyance to the County from among the parcels identified on the Map
as ``Lander County Parcels BLM and USFS'', the Secretary concerned
shall convey to the County, subject to valid existing rights and for no
consideration, all right, title, and interest of the United States in
and to the identified parcels of Federal land (including mineral
rights) for use by the County for watershed protection, recreation, and
parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary shall convey to the County, subject to valid existing
rights, including mineral rights, all right, title, and
interest of the United States in and to the parcels of Federal
land identified on the Map as ``Kingston Airport'' for the
purpose of improving the relevant airport facility and related
infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by
the County under paragraph (1) shall be the survey costs
relating to the conveyance.
(c) Survey.--The exact acreage and legal description of any parcel
of Federal land to be conveyed under subsection (a) or (b) shall be
determined by a survey satisfactory to the Secretary concerned and the
County.
(d) Reversionary Clause Required.--A conveyance of Federal land
under subsection (a) or (b) shall include a reversionary clause to
ensure that management of the Federal land conveyed under the
applicable subsection shall revert to the Secretary concerned if the
Federal land is no longer being managed in accordance with the
applicable subsection.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County
may, by mutual agreement--
(A) make minor boundary adjustments to the parcels
of Federal land to be conveyed under subsection (a) or
(b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal
description of any parcel of Federal land
conveyed under subsection (a) or (b).
(2) Conflict.--If there is a conflict between the Map, an
acreage estimate, or a legal description of Federal land
conveyed under subsection (a) or (b), the Map shall control
unless the Secretary concerned and the County mutually agree
otherwise.
(3) Availability.--The Secretary shall make the Map
available for public inspection in--
(A) the Office of the Nevada State Director of the
Bureau of Land Management; and
(B) the Bureau of Land Management Battle Mountain
Field Office.
TITLE II--LANDER COUNTY WILDERNESS AREAS
SEC. 201. DEFINITIONS.
In this title:
(1) Map.--The term ``Map'' means the map entitled ``Lander
County Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 202(a).
SEC. 202. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Director of the Bureau of Land Management, comprising
approximately 6,386 acres, as generally depicted as ``Cain
Mountain Wilderness'' on the Map, which shall be known as the
``Cain Mountain Wilderness''.
(2) Desatoya mountains wilderness.--Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 7,766 acres, as generally depicted as
``Desatoya Mountains Wilderness'' on the Map, which shall be
known as the ``Desatoya Mountains 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 with, and make
available for inspection in, the appropriate offices of the
Bureau of Land Management, 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 title, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(d) Withdrawal.--Subject to valid existing rights, the wilderness
areas 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) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 203. 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 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 or 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
the land in ways different from the methods used in
other laws.
(2) Purpose.--The purpose of this subsection is to protect
the wilderness values of the wilderness areas by means other
than a federally reserved water right.
(3) Statutory construction.--
(A) No reservation.--Nothing in this title
constitutes an express or implied reservation by the
United States of any water or water rights with respect
to the wilderness areas.
(B) State rights.--Nothing in this title 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) No precedent.--Nothing in this title
establishes a precedent with regard to any future
wilderness designations.
(D) No effect on other designations.--Nothing in
this title affects the interpretation of, or any
designation made under, any other Act.
(E) No effect on compacts.--Nothing in this title
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--
(I) an irrigation or pumping
facility;
(II) a reservoir;
(III) a water conservation works;
(IV) an aqueduct, canal, ditch,
pipeline, well, hydropower project, or
transmission or other ancillary
facility; and
(V) any other water diversion,
conservation, storage, or carriage
structure.
(ii) Exclusion.--In this paragraph, the
term ``water resource facility'' does not
include wildlife guzzlers.
(B) No licenses or permits.--Except as otherwise
provided in this title, on and 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 the wilderness areas.
SEC. 204. 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 would, 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 County.
SEC. 205. 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 following public land has been adequately studied for
wilderness designation:
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been
designated as wilderness by section 202(a).
(2) The approximately 1,088 acres of the Desatoya
Wilderness Study Area within the County that has not been
designated as wilderness by section 202(a).
(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. 206. 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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