The Lincoln Co.Conservation, Recreation & Development Act
Read the embolden parts carefully;
PUBLIC LAW 108–424—NOV. 30, 2004
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: no mention of wild horse management)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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) 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.
16 USC 1241
note.
Lincoln County Conservation, Recreation, and Development Act of 2004.
Nov. 30, 2004
[H.R. 4593]
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118 STAT. 2404 PUBLIC LAW 108–424—NOV. 30, 2004
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) 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); (This is the one that calls for the zeroing out
of all the wild horses)
or
(B) a subsequent amendment to that land use plan
undertaken with full public involvement.
(c) AVAILABILITY.—Each map and legal description shall be
on file and available for public inspection in (as appropriate)—
(1) the Office of the Director of the Bureau of Land Management;
(2) the Office of the Nevada State Director of the Bureau
of Land Management;
(3) the Ely Field Office of the Bureau of Land Management;
and
(4) the Caliente Field Station of the Bureau of Land
Management.
(d) JOINT SELECTION REQUIRED.—The Secretary and the County
shall jointly select which parcels of land described in subsection
(b)(2) to offer for sale under subsection (a).
(e) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.—
Before a sale of land under subsection (a), the County shall submit
to the Secretary a certification that qualified bidders have agreed
to comply with—
(1) County and city zoning ordinances; and
Certification.
Deadline.
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118 STAT. 2405 PUBLIC LAW 108–424—NOV. 30, 2004
(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) 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
Applicability.
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118 STAT. 2406 PUBLIC LAW 108–424—NOV. 30, 2004
(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;
Do we think that this "management of multi-species" will include the grazing of wild free roaming horses? NOT. Remember, according to the above referenced "Ely Resource Management Plan," and as of the date of enactment of this law, the "plan" was to have the horses removed, so er, ah, what species will be managed here under this new "multi-species" plan / act? Anything but wild horses and burros, I am guessing.
(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. (But no wild horses and burros, I would bet my farm on that! The wilderness will be reserved for BIG GAME and their BIG Monied Hunters.)
(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:
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118 STAT. 2407 PUBLIC LAW 108–424—NOV. 30, 2004
(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) ADDITIONS.—The following land in the State is designated
as wilderness and as components of the National Wilderness
Preservation System:
(1)MORMON MOUNTAINS WILDERNESS (This is an area that has already been "zeroed-out" for wild horse grazing)
—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; (This is currently a wild horse range for at least 9 wild horses grazing on 94,521 acres of this valley - and is one of the herds that the "Ely Plan" calls for removal because they are "too many in number and are over-grazing the land)
—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.(This is currently a wild horse grazing area for 91 wild horses grazing on 183,558 acres of rangeland. The "Ely Plan" calls for removal of all horses and a "zeroing out" of their rangeland, also for the same reasons as mentioned above)
—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.—(This is land currently being grazed by 53 wild horses on 33,056 acres of land; ditto on the removals and zeroing out of their lands as mentioned above)
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
16 USC 1132
note.
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118 STAT. 2408 PUBLIC LAW 108–424—NOV. 30, 2004
‘‘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;
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118 STAT. 2409 PUBLIC LAW 108–424—NOV. 30, 2004
(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. (Get your copies now! And let them know that you know what the wild horse removals are REALLY all about and how much you think the whole thing stinks!)
(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. (may as well say it,....wild horses will also be forbidden here)
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,(of course)
subject to such reasonable regulations, policies, and practices that
the Secretary considers necessary, consistent with section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines
set forth in Appendix A of House Report 101–405.
(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land within the boundaries of an area designated
as wilderness by this title that is acquired by the United States
after the date of the enactment of this Act shall be added to
and administered as part of the wilderness area within which
the acquired land or interest is located.
(d) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as Wilderness by this title
is within the Northern Mojave and Great Basin Deserts,
is arid in nature, and includes ephemeral streams;
(B) the hydrology of the land designated as wilderness
by this title is predominantly characterized by complex
flow patterns and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region is
characterized by ground water subject to local and regional
flow gradients and unconfined and artesian conditions;
(D) the land designated as wilderness by this title
is generally not suitable for use or development of new
water resource facilities; and
(E) because of the unique nature and hydrology of
the desert land designated as wilderness by this title, it
is possible to provide for proper management and protection
of the wilderness and other values of lands in ways different
from those used in other legislation.
(2) STATUTORY CONSTRUCTION.—Nothing in this title—
(A) shall constitute or be construed to constitute either
an express or implied reservation by the United States
of any water or water rights with respect to the land
designated as wilderness by this title;
(There are wars going on over water here, in this area, not just "rights" and who has them or who dont, but as to how the establishment of new wells and pumping stations will effect the overall (ground) water level. Some say any further expansion of pumping systems will be too much of a strain on an already strained system; More on Nevadas Water Wars later)
(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
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118 STAT. 2411 PUBLIC LAW 108–424—NOV. 30, 2004
(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
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118 STAT. 2412 PUBLIC LAW 108–424—NOV. 30, 2004
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. (My goodness, a mention of horses and burros. Strange how they left out the words "Wild." )
(d) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to subsection
(f), the Secretary shall authorize structures and facilities,
including existing structures and facilities, for wildlife water
development projects, including guzzlers, in the wilderness areas
designated by this Act if—
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) HUNTING, FISHING, AND TRAPPING.—In consultation with
the appropriate State agency (except in emergencies), the Secretary
may designate by regulation areas in which, and establish periods
during which, for reasons of public safety, administration, or compliance
with applicable laws, no hunting, fishing, or trapping will
be permitted in the wilderness areas designated by this Act.
(f) COOPERATIVE AGREEMENT.—The terms and conditions under
which the State, including a designee of the State, may conduct
wildlife management activities in the wilderness areas designated
by this title are specified in the cooperative agreement between
the Secretary and the State, entitled ‘‘Memorandum of Understanding
between the Bureau of Land Management and the Nevada
Department of Wildlife Supplement No. 9,’’ and signed November
and December 2003, including any amendments to that document
agreed upon by the Secretary and the State and subject to all
applicable laws and regulations. Any references to Clark County
in that document shall also be deemed to be referred to and shall
apply to Lincoln County, Nevada.
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.—
Applicability.
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118 STAT. 2413 PUBLIC LAW 108–424—NOV. 30, 2004
(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, asgenerally
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-ofway
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.—
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118 STAT. 2414 PUBLIC LAW 108–424—NOV. 30, 2004
(1) IN GENERAL.—The Secretary, acting through the United
States Geological Survey, the Desert Research Institute, and
a designee from the State of Utah shall conduct a study to
investigate ground water quantity, quality, and flow characteristics
in the deep carbonate and alluvial aquifers of White
Pine County, Nevada, and any groundwater basins that are
located in White Pine County, Nevada, or Lincoln County,
Nevada, and adjacent areas in Utah. The study shall—
(A) focus on a review of existing data and may include
new data;
(B) determine the approximate volume of water stored
in aquifers in those areas;
(C) determine the discharge and recharge characteristics
of each aquifer system;
(D) determine the hydrogeologic and other controls that
govern the discharge and recharge of each aquifer system;
and
(E) develop maps at a consistent scale depicting aquifer
systems and the recharge and discharge areas of such
systems.
(2) TIMING; AVAILABILITY.—The Secretary shall complete
a draft of the water resources report required under paragraph
(1) not later than 30 months after the date of the enactment
of this Act. The Secretary shall then make the draft report
available for public comment for a period of not less than
60 days. The final report shall be submitted to the Committee
on Resources in the House of Representatives and the Committee
on Energy and Natural Resources in the Senate and
made available to the public not later than 36 months after
the date of the enactment of this Act.
(3) AGREEMENT.—Prior to any transbasin diversion from
ground-water basins located within both the State of Nevada
and the State of Utah, the State of Nevada and the State
of Utah shall reach an agreement regarding the division of
water resources of those interstate ground-water flow system(s)
from which water will be diverted and used by the project.
The agreement shall allow for the maximum sustainable beneficial
use of the water resources and protect existing water
rights.
(4) FUNDING.—Section 4(e)(3)(A) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2346; 116
Stat. 2007; 117 Stat. 1317) is amended—
(A) in clauses (ii), (iv), and (v), by striking ‘‘County’’
each place it appears and inserting ‘‘and Lincoln Counties’’;
(B) in clause (vi), by striking ‘‘and’’ at the end;
(C) by redesignating clause (vii) as clause (viii); and
(D) by inserting after clause (vi) the following:
‘‘(vii) for development of a water study for Lincoln
and White Pine Counties, Nevada, in an amount not
to exceed $6,000,000; and’’.
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:
Utah.
Public
information.
Reports.
Deadlines.
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118 STAT. 2415 PUBLIC LAW 108–424—NOV. 30, 2004
(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 rightof-
way corridor to the area described in subsection (c)(2).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) RELINQUISHMENT AND FAIR MARKET VALUE.—
(1) IN GENERAL.—The Secretary shall, in accordance with
this section, relinquish all right, title, and interest of the United
States in and to the corridor on receipt of a payment in an
amount equal to the fair market value of the corridor (plus
any costs relating to the right-of-way relocation described in
this title).
(2) FAIR MARKET VALUE.—
(A) The fair market value of the corridor shall be
equal to the amount by which the value of the discount
described in the 1988 appraisal of the corridor that was
applied to the land underlying the corridor has increased,
as determined by the Secretary using the multiplier determined
under subparagraph (B).
(B) Not later than 60 days after the date of the enactment
of this Act, the Appraisal Services Directorate of
the Department of the Interior shall determine an appropriate
multiplier to reflect the change in the value of the
land underlying the corridor between—
(i) the date of which the corridor was transferred
in accordance with the Agreement; and
(ii) the date of enactment of this Act.
(3) PROCEEDS.—Proceeds under this subsection shall be
deposited in the account established under section 103(b)(3).
(c) RELOCATION.—
(1) IN GENERAL.—The Secretary shall relocate to the area
described in paragraph (2), the portion of IDI–26446 and UTU–
73363 identified as NVN–49781 that is located in the corridor
relinquished under subsection (b)(1).
(2) DESCRIPTION OF AREA.—The area referred to in paragraph
(1) is the area located on public land west of United
States Route 93.
(3) REQUIREMENTS.—The relocation under paragraph (1)
shall be conducted in a manner that—
(A) minimizes engineering design changes; and
Deadline.
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118 STAT. 2416 PUBLIC LAW 108–424—NOV. 30, 2004
(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.
(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Lincoln
County Conservation, Recreation and Development Act Map’’
and dated October 1, 2004.
(3) TRAIL.—The term ‘‘Trail’’ means the system of trails
designated in subsection (b) as the Silver State Off-Highway
Vehicle Trail.
(b) DESIGNATION.—The trails that are generally depicted on
the Map are hereby designated as the ‘‘Silver State Off-Highway
Vehicle Trail’’.
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Trail
in a manner that—
(A) is consistent with motorized and mechanized use
of the Trail that is authorized on the date of the enactment
of this Act pursuant to applicable Federal and State laws
and regulations;
(B) ensures the safety of the people who use the Trail;
and
(C) does not damage sensitive habitat or cultural
resources.
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 3 years after the
date of the enactment of this Act, the Secretary, in consultation
with the State, the County, and any other interested
persons, shall complete a management plan for the Trail.
(B) COMPONENTS.—The management plan shall—
(i) describe the appropriate uses and management
of the Trail;
(ii) authorize the use of motorized and mechanized
vehicles on the Trail; and
Deadline.
16 USC 1244
note.
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118 STAT. 2417 PUBLIC LAW 108–424—NOV. 30, 2004
(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) 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
Deadline.
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118 STAT. 2418 PUBLIC LAW 108–424—NOV. 30, 2004
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.
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118 STAT. 2419 PUBLIC LAW 108–424—NOV. 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.
Æ
TITLE VI—JURISDICTION TRANSFER
SEC. 601. 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.
16 USC 668dd
note.
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http://www.blm.gov/pgdata/etc/medialib/blm/nv/field_offices/las_vegas_field_office/snplma/pdf/legislation.Par.67217.File.dat/PL108_424.pdf
Sunday, August 9, 2009
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