Text: H.R.4593 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-424 (11/30/2004)

 
[108th Congress Public Law 424]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ424.108]


[[Page 118 STAT. 2403]]

Public Law 108-424
108th Congress

                                 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. <<NOTE: Nov. 30, 2004 -  [H.R. 4593]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Lincoln County 
Conservation, Recreation, and Development Act of 2004.>> 

SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 2. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 16 USC 1241 note.>>  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:

Sec. 1. Authorization of appropriations.
Sec. 2. Short title; table of contents.

                         TITLE I--LAND DISPOSAL

Sec. 101. Definitions.
Sec. 102. Conveyance of Lincoln County land.
Sec. 103. Disposition of proceeds.

                       TITLE II--WILDERNESS AREAS

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Additions to National Wilderness Preservation System.
Sec. 204. Administration.
Sec. 205. Adjacent management.
Sec. 206. Military overflights.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Release of wilderness study areas.
Sec. 209. Wildlife management.
Sec. 210. Wildfire management.
Sec. 211. Climatological data collection.

                      TITLE III--UTILITY CORRIDORS

Sec. 301. Utility corridor and rights-of-way.
Sec. 302. Relocation of right-of-way and utility corridors located in 
           Clark and Lincoln counties in the State of Nevada.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

Sec. 401. Silver State Off-Highway Vehicle Trail.

                        TITLE V--OPEN SPACE PARKS

Sec. 501. Open space park conveyance to Lincoln County, Nevada.
Sec. 502. Open space park conveyance to the State of Nevada.

                     TITLE VI--JURISDICTION TRANSFER

Sec. 601. Transfer of administrative jurisdiction between the Fish and 
           Wildlife Service and the Bureau of Land Management.

[[Page 118 STAT. 2404]]

                         TITLE I--LAND DISPOSAL

SEC. 101. DEFINITIONS.

    In this title:
            (1) County.--The term ``County'' means Lincoln County, 
        Nevada.
            (2) Map.--The term ``map'' means the map entitled ``Lincoln 
        County Conservation, Recreation, and Development Act Map'' and 
        dated 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).

SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the 
Secretary, in cooperation with the County, in accordance with that Act, 
this title, and other applicable law and subject to valid existing 
rights, shall conduct sales of--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Certification.>> 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

[[Page 118 STAT. 2405]]

            (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.

SEC. 103. DISPOSITION OF PROCEEDS.

    (a) <<NOTE: Applicability.>> 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

[[Page 118 STAT. 2406]]

            (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.

                       TITLE II--WILDERNESS AREAS

SEC. 201. FINDINGS.

    Congress finds that--
            (1) public land in the County contains unique and 
        spectacular natural resources, including--
                    (A) priceless habitat for numerous species of plants 
                and wildlife; and
                    (B) thousands of acres of land that remain in a 
                natural state; and
            (2) continued preservation of those areas would benefit the 
        County and all of the United States by--
                    (A) ensuring the conservation of ecologically 
                diverse habitat;
                    (B) protecting prehistoric cultural resources;
                    (C) conserving primitive recreational resources; and
                    (D) protecting air and water quality.

SEC. 202. DEFINITIONS.

    In this title:

[[Page 118 STAT. 2407]]

            (1) County.--The term ``County'' means Lincoln County, 
        Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Nevada.

SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) <<NOTE: 16 USC 1132 note.>> 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

[[Page 118 STAT. 2408]]

        ``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;

[[Page 118 STAT. 2409]]

                    (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.

SEC. 204. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, each area 
designated as wilderness by this title shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
            (1) any reference in that Act to the effective date shall be 
        considered to be a reference to the date of the enactment of 
        this 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

[[Page 118 STAT. 2410]]

                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.

SEC. 205. ADJACENT MANAGEMENT.

    (a) In General.--Congress does not intend for the designation of 
wilderness in the State pursuant to this title to lead to the creation 
of protective perimeters or buffer zones around any such wilderness 
area.
    (b) Nonwilderness Activities.--The fact that nonwilderness 
activities or uses can be seen or heard from areas within a wilderness 
designated under this title shall not preclude the conduct of those 
activities or uses outside the boundary of the wilderness area.

SEC. 206. MILITARY OVERFLIGHTS.

    Nothing in this title restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        areas designated as wilderness by this title, including military 
        overflights that can be seen or heard within the wilderness 
        areas;
            (2) flight testing and evaluation; or

[[Page 118 STAT. 2411]]

            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the wilderness areas.

SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this title shall be construed to diminish the rights of 
any Indian tribe. Nothing in this title shall be construed to diminish 
tribal rights regarding access to Federal land for tribal activities, 
including spiritual, cultural, and traditional food-gathering 
activities.

SEC. 208. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for the purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the public land in the County administered by the Bureau of Land 
Management in the following areas has been adequately studied for 
wilderness designation:
            (1) The Table Mountain Wilderness Study Area.
            (2) Evergreen A, B, and C Wilderness Study Areas.
            (3) Any portion of the wilderness study areas--
                    (A) not designated as wilderness by section 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.).

SEC. 209. WILDLIFE MANAGEMENT.

    (a) In General.--In accordance with section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or 
diminishes the jurisdiction of the State with respect to fish and 
wildlife management, including the regulation of hunting, fishing, and 
trapping, in the wilderness areas designated by this title.
    (b) Management Activities.--In furtherance of the purposes and 
principles of the Wilderness Act, management activities to maintain or 
restore fish and wildlife populations and the habitats to support such 
populations may be carried out within wilderness areas designated by 
this title where consistent with relevant wilderness management plans, 
in accordance with appropriate policies such as those set forth in 
Appendix B of House Report 101-405, including the occasional and 
temporary use of motorized vehicles, if such use, as determined by the 
Secretary, would promote healthy, viable, and more naturally distributed 
wildlife populations that would enhance wilderness values and accomplish 
those purposes

[[Page 118 STAT. 2412]]

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. <<NOTE: Applicability.>> Any references 
to Clark County in that document shall also be deemed to be referred to 
and shall apply to Lincoln County, Nevada.

SEC. 210. WILDFIRE MANAGEMENT.

    Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), 
nothing in this title precludes a Federal, State, or local agency from 
conducting wildfire management operations (including operations using 
aircraft or mechanized equipment) to manage wildfires in the wilderness 
areas designated by this title.

SEC. 211. CLIMATOLOGICAL DATA COLLECTION.

    Subject to such terms and conditions as the Secretary may prescribe, 
nothing in this title precludes the installation and maintenance of 
hydrologic, meteorologic, or climatological collection devices in the 
wilderness areas designated by this title if the facilities and access 
to the facilities are essential to flood warning, flood control, and 
water reservoir operation activities.

                      TITLE III--UTILITY CORRIDORS

SEC. 301. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

    (a) Utility Corridor.--

[[Page 118 STAT. 2413]]

            (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.--

[[Page 118 STAT. 2414]]

            (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) <<NOTE: Reports. Deadlines.>> Timing; availability.--The 
        Secretary <<NOTE: Public information.>> 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. <<NOTE: Utah.>> 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) <<NOTE: Utah.>> 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''.

SEC. 302. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS LOCATED IN 
            CLARK AND LINCOLN COUNTIES IN THE STATE OF NEVADA.

    (a) Definitions.--In this section:

[[Page 118 STAT. 2415]]

            (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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2416]]

                    (B) maintains a gradual and smooth interconnection 
                of the corridor with the area described in paragraph 
                (2).
            (4) Authorized uses.--The Secretary may authorize the 
        location of any above ground or underground utility facility, 
        transmission lines, gas pipelines, natural gas pipelines, fiber 
        optics, telecommunications, water lines, wells (including 
        monitoring wells), cable television, and any related 
        appurtenances in the area described in paragraph (1).

    (d) Effect.--The relocation of the corridor under this section shall 
not require the Secretary to update the 1998 Las Vegas Valley Resource 
Management Plan or the 2000 Caliente Management Framework Plan 
Amendment.
    (e) Waiver of Certain Requirements.--The Secretary shall waive the 
requirements of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) that would otherwise be applicable to the holders 
of the right-of-way corridor described in subsection (a)(2)(A) with 
respect to an amendment to the legal description of the right-of-way 
corridor.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

SEC. 401. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL. <<NOTE: 16 USC 1244 
            note.>> 

    (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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2417]]

                          (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.

                        TITLE V--OPEN SPACE PARKS

SEC. 501. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, NEVADA.

    (a) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2418]]

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.

SEC. 502. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

    (a) Conveyance.--Notwithstanding section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall 
convey to the State of Nevada, subject to valid existing rights, for no 
consideration, all right, title, and interest of the United States in 
and to the parcels of land described in subsection (b), if there is a 
written agreement between the State and Lincoln County, Nevada, 
supporting such a conveyance.
    (b) Description of Land.--The parcels of land referred to in 
subsection (a) are the parcels of land depicted as ``NV St. Park 
Expansion Proposal'' on the map entitled ``Lincoln County Conservation, 
Recreation, and Development Act Map'' and dated 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.

[[Page 118 STAT. 2419]]

                     TITLE VI--JURISDICTION TRANSFER

SEC. 601. <<NOTE: 16 USC 668dd note.>> TRANSFER OF ADMINISTRATIVE 
            JURISDICTION BETWEEN THE FISH AND WILDLIFE SERVICE AND THE 
            BUREAU OF LAND MANAGEMENT.

    (a) In General.--Administrative jurisdiction over the land described 
in subsection (b) is transferred from the United States Bureau of Land 
Management to the United States Fish and Wildlife Service for inclusion 
in the Desert National Wildlife Range and the administrative 
jurisdiction over the land described in subsection (c) is transferred 
from the United States Fish and Wildlife Service to the United States 
Bureau of Land Management.
    (b) Description of Land.--The parcel of land referred to in 
subsection (a) is the approximately 8,503 acres of land administered by 
the United States Bureau of Land Management as generally depicted on the 
map entitled ``Lincoln County Conservation, Recreation, and Development 
Act Map'' and identified as ``Lands to be transferred to the Fish and 
Wildlife Service'' and dated 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.

    Approved November 30, 2004.

LEGISLATIVE HISTORY--H.R. 4593:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-720 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 4, considered and passed House.
            Nov. 10, considered and passed Senate, amended.
            Nov. 17, House concurred in Senate amendment.

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