H.R. 5205

September 17, 2014

Status:

  • July 25, 2014.--Introduced in House.
  • September 15, 2014.--Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-593.
  • September 15, 2014.--Passed House as amended Agreed to by voice vote.
  • September 16, 2014.--Referred to Senate.

H.R.5205

Northern Nevada Land Conservation and Economic Development Act (Reported in House - RH)

HR 5205 RH

Union Calendar No. 440
113th CONGRESS
2d Session
H. R. 5205
[Report No. 113-593]

To authorize certain land conveyances involving public lands in northern Nevada to promote economic development and conservation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
July 25, 2014

Mr. AMODEI (for himself, Mr. HORSFORD, Mr. HECK of Nevada, and Ms. TITUS) introduced the following bill; which was referred to the Committee on Natural Resources

September 15, 2014

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 25, 2014]

A BILL

To authorize certain land conveyances involving public lands in northern Nevada to promote economic development and conservation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Northern Nevada Land Conservation and Economic Development Act'. (b) Table of Contents- The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.

TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT

Sec. 101. Short title.Sec. 102. Definitions.Sec. 103. Addition to National Wilderness Preservation System.Sec. 104. Administration.Sec. 105. Release of wilderness study areas.Sec. 106. Wildlife management.Sec. 107. Land exchanges.Sec. 108. Native American cultural and religious uses.

TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT

Sec. 201. Short title; table of contents.Sec. 202. Land conveyance to Yerington, Nevada.Sec. 203. Addition to National Wilderness Preservation System.Sec. 204. Withdrawal.Sec. 205. Native American cultural and religious uses.

TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT

Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.

TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT

Sec. 401. Definitions.Sec. 402. Conveyance of certain Federal land to City of Fernley, Nevada.Sec. 403. Release of United States.

TITLE V--RESTORING STOREY COUNTY ACT

Sec. 501. Short title.Sec. 502. Definitions.Sec. 503. Conveyance of Federal land in Storey County, Nevada.

TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT

Sec. 601. Short title.Sec. 602. Definition of Secretary.

Subtitle A--Elko Motocross Land Conveyance

Sec. 611. Definitions.Sec. 612. Conveyance of land to Elko County.

Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)

Sec. 621. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band).

TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT

Sec. 701. Short title.Sec. 702. Transfer of Department of the Interior land.Sec. 703. Water rights.Sec. 704. Withdrawal.

TITLE I--PINE FOREST RANGE RECREATION ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

This title may be cited as the `Pine Forest Range Recreation Enhancement Act'.

SEC. 102. DEFINITIONS.

In this title: (1) COUNTY- The term `County' means Humboldt County, Nevada. (2) MAP- The term `Map' means the map entitled `Proposed Pine Forest Range Wilderness Area' and dated October 28, 2013. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Nevada. (5) WILDERNESS- The term `Wilderness' means the Pine Forest Range Wilderness designated by section 103(a).

SEC. 103. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

(a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Pine Forest Range Wilderness'. (b) Boundary- (1) ROAD ACCESS- The boundary of any portion of the Wilderness that is bordered by a road shall be 100 feet from the edge of the road. (2) ROAD ADJUSTMENTS- The Secretary shall-- (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat/Corral Meadow to the east to remove the road from the riparian area; (C) except for administrative use, close the road along Lower Alder Creek south of Bureau of Land Management road #2083; (D) manage the access road, through Little Onion Basin, on the east side of the wet meadow to retain travel only on the road existing on the date of the enactment of this Act; and (E) permanently leave open the Cove Creek road to Little Onion Basin, but close connecting spur roads. (3) LITTLE ONION BASIN- Remove Little Onion Basin from the boundaries of the Wilderness and from wilderness designation. (4) RESERVOIR ACCESS- The access road to the Little Onion Reservoir dam will remain open and the boundary of the Wilderness shall be 160 feet downstream from the dam at Little Onion Reservoir to allow public access and dam maintenance. (c) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) EFFECT- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) AVAILABILITY- The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Withdrawal- Subject to valid existing rights, the Wilderness is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.

SEC. 104. ADMINISTRATION.

(a) Management- Subject to valid existing rights, the Wilderness 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 the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock- The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, is compatible with the Wilderness designation and shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (c) Adjacent Management- (1) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate or determine the conduct or management of the activities or uses outside the boundary of the Wilderness. (d) Military Overflights- Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (e) Wildfire, Insect, and Disease Management- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (f) Wildfire Management Operations- Nothing in this Act shall be construed to preclude a Federal, State, or local agency from conducting wildfire management or prevention operations (including operations using aircraft or mechanized equipment) or to interfere with the authority of the Secretary to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires or the use of mechanized equipment for wildfire pre-suppression and suppression. (g) Water Rights- (1) PURPOSE- The purpose of this subsection is to protect the wilderness recreation value of the land designated as wilderness by this title by means other than a federally reserved water right. (2) STATUTORY CONSTRUCTION- Nothing in this title-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (3) NEVADA WATER LAW- The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (4) NEW PROJECTS- (A) DEFINITION OF WATER RESOURCE FACILITY- (i) IN GENERAL- In this paragraph, the term `water resource facility' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) EXCLUSION- In this paragraph, the term `water resource facility' does not include wildlife guzzlers. (B) RESTRICTION ON NEW WATER RESOURCE FACILITIES- Except as otherwise provided in this title, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the Wilderness, any portion of which is located in the County.

SEC. 105. RELEASE OF WILDERNESS STUDY AREAS.

(a) In General- The Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 103(a) have been adequately studied for wilderness character and wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) and are no longer subject to any requirement pertaining to the management of wilderness or wilderness study areas, including the approximately 990 acres in the following locations: (1) Lower Adler Creek Basin. (2) Little Onion Basin. (3) Lands east of Knott Creek reservoir. (4) Portions of Corral Meadow and the Blue Lakes trailhead. (b) Release- Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to-- (A) section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (B) Secretarial Order 3310 issued on December 22, 2010; (2) shall be managed in accordance with-- (A) land management plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); and (B) cooperative conservation agreements in existence on the date of enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 106. 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. (b) Management Activities- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support those populations, if the activities are carried out-- (1) consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness recreation with the minimal impact necessary to reasonably accomplish those tasks, including but not limited to, the hunting or culling of wildlife and access for persons with disabilities. (c) Existing Activities- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife in the Wilderness. (d) Emergency Closures- Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes as authorized by law. Such an emergency closure shall terminate after a reasonable period of time, but no longer than one year, unless converted to a permanent closure consistent with Federal statute. (e) Memorandum of Understanding- (1) IN GENERAL- The State, including a designee of the State, may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled `Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) REFERENCES; CLARK COUNTY- For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Pine Forest Range Wilderness.

SEC. 107. LAND EXCHANGES.

(a) Definitions- In this section: (1) FEDERAL LAND- The term `Federal land' means Federal land in the County that is identified for disposal by the Secretary through the Winnemucca Resource Management Plan. (2) NON-FEDERAL LAND- The term `non-Federal land' means land identified on the Map as `non-Federal lands for exchange'. (b) Acquisition of Land and Interests in Land- Consistent with applicable law and subject to subsection (c), the Secretary may exchange the Federal land for non-Federal land. (c) Conditions- Each land exchange under subsection (a) shall be subject to-- (1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; and (2) such additional terms and conditions as the Secretary may require. (d) Deadline for Completion of Land Exchange- It is the intent of Congress that the land exchanges under this section be completed by not later than 5 years after the date of enactment of this Act.

SEC. 108. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in section 204 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

TITLE II--LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION ACT

SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

This title may be cited as the `Lyon County Economic Development and Conservation Act'.

SEC. 202. LAND CONVEYANCE TO YERINGTON, NEVADA.

(a) Definitions- In this section: (1) CITY- The term `City' means the city of Yerington, Nevada. (2) FEDERAL LAND- The term `Federal land' means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as `City of Yerington Sustainable Development Conveyance Lands'. (3) MAP- The term `map' means the map entitled `Yerington Land Conveyance' and dated December 19, 2012. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Conveyances of Land to City of Yerington, Nevada- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City, subject to the agreement of the City, all right, title, and interest of the United States in and to the Federal land identified on the map. (2) APPRAISAL TO DETERMINE FAIR MARKET VALUE- The Secretary shall determine the fair market value of the Federal land to be conveyed-- (A) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (B) based on an appraisal that is conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisition; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) APPLICABLE LAW- Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (5) COSTS- As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay-- (A) an amount equal to the appraised value determined in accordance with paragraph (2); and (B) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the City under paragraph (1).

SEC. 203. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

(a) Definitions- In this section: (1) COUNTY- The term `County' means Lyon County, Nevada. (2) MAP- The term `map' means the map entitled `Wovoka Wilderness Area' and dated December 18, 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (4) STATE- The term `State' means the State of Nevada. (5) WILDERNESS- The term `Wilderness' means the approximately 47,449 acres to be known as the Wovoka Wilderness designated by subsection (b)(1). (b) Addition to National Wilderness Preservation System- (1) DESIGNATION- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Wovoka Wilderness'. (2) BOUNDARY- The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road. (3) MAP AND LEGAL DESCRIPTION- (A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (B) EFFECT- The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the map or legal description. (C) AVAILABILITY- Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (4) WITHDRAWAL- Subject to valid existing rights, the Wilderness is withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (c) Administration- (1) MANAGEMENT- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) LIVESTOCK- The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary, in accordance with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (3) ADJACENT MANAGEMENT- (A) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate, or determine the conduct of the activities or uses outside the boundary of the Wilderness. (4) OVERFLIGHTS- Nothing in this section restricts or precludes-- (A) low-level overflights of aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness; (B) flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (5) WILDFIRE, INSECT, AND DISEASE MANAGEMENT- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures in the Wilderness that the Secretary determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency. (6) WATER RIGHTS- (A) PURPOSE- The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (B) STATUTORY CONSTRUCTION- Nothing in this paragraph-- (i) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (ii) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (iii) establishes a precedent with regard to any future wilderness designations; (iv) affects the interpretation of, or any designation made under, any other Act; or (v) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (C) NEVADA WATER LAW- The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (D) NEW PROJECTS- (i) DEFINITION OF WATER RESOURCE FACILITY- (I) IN GENERAL- In this subparagraph, the term `water resource facility' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (II) EXCLUSION- In this subparagraph, the term `water resource facility' does not include wildlife guzzlers. (ii) RESTRICTION ON NEW WATER RESOURCE FACILITIES- (I) IN GENERAL- Except as otherwise provided in this section, on or after the date of enactment of this Act, neither the President nor any 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, any portion of which is located in the County. (II) EXCEPTION- If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2). (d) Wildlife Management- (1) IN GENERAL- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 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. (2) MANAGEMENT ACTIVITIES- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out-- (A) consistent with relevant wilderness management plans; and (B) in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and (ii) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles and aircraft, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks, including but not limited to, the hunting or culling of wildlife and access for persons with disabilities. (3) EXISTING ACTIVITIES- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101-405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (4) EMERGENCY CLOSURES- Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes as authorized by law. Such an emergency closure shall terminate after a reasonable period of time, unless converted to a permanent closure consistent with Federal statute. (5) MEMORANDUM OF UNDERSTANDING- The State, including a designee of the State, may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled `Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada' and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and (B) subject to all applicable laws (including regulations). (e) Wildlife Water Development Projects- Subject to subsection (c), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness 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 can reasonably be minimized.

SEC. 204. WITHDRAWAL.

(a) Definition of Withdrawal Area- In this section, the term `Withdrawal Area' means the land administered by the Forest Service and identified as `Withdrawal Area' on the map described in section 203(a)(2). (b) Withdrawal- Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral laws, geothermal leasing laws, and mineral materials laws. (c) Motorized and Mechanical Vehicles- (1) IN GENERAL- Subject to paragraph (2), use of motorized and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those vehicles, unless the use of those vehicles is needed-- (A) for administrative purposes; or (B) to respond to an emergency. (2) EXCEPTION- Paragraph (1) does not apply to aircraft (including helicopters).

SEC. 205. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in section 204 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

TITLE III--CARLIN ECONOMIC SELF-DETERMINATION ACT

SEC. 301. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF CARLIN, NEVADA.

(a) Definitions- In this title: (1) CITY- The term `City' means the City of Carlin, Nevada. (2) FEDERAL LAND- The term `Federal land' means the approximately 1329 acres of land located in the City of Carlin, Nevada, that is identified on the map as `Carlin Selected Parcels'. (3) MAP- The term `map' means the map entitled `Proposed Carlin, Nevada Land Sales' map dated October 25, 2013. (b) Conveyance Required- Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date on which the Secretary of the Interior receives a request from the City for the Federal land, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States to and in the Federal land. (c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Costs- At closing for the conveyance authorized under subsection (b) the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of title searches, maps, and boundary and cadastral surveys. (e) Release of United States- Upon making the conveyance under subsection (b), notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. (f) Withdrawal- Subject to valid existing rights, the Federal land identified for conveyance shall be withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials and geothermal leasing laws.

TITLE IV--FERNLEY ECONOMIC SELF-DETERMINATION ACT

SEC. 401. DEFINITIONS.

In this title: (1) CITY- The term `City' means the City of Fernley, Nevada. (2) FEDERAL LAND- The term `Federal land' means the land located in the City of Fernley, Nevada, that is identified as `Proposed Sale Parcels' on the map. (3) MAP- The term `map' means the map entitled `Proposed Fernley, Nevada, Land Sales' and dated January 25, 2013.

SEC. 402. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, NEVADA.

(a) Conveyance Authorized- Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date on which the Secretary of the Interior receives a request from the City for the Federal land, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States to and in the Federal land. (b) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Reservation of Easements and Rights-of-Way- The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way that the Bureau of Reclamation determines are necessary to carry out-- (1) the operation and maintenance of the Truckee Canal Irrigation District Canal; or (2) the Newlands Project. (d) Costs- At closing for the conveyance authorized under subsection (a), the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of title searches, maps, and boundary and cadastral surveys.

SEC. 403. RELEASE OF UNITED STATES.

Upon making the conveyance under section 402, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance.

TITLE V--RESTORING STOREY COUNTY ACT

SEC. 501. SHORT TITLE.

This title may be cited as the `Restoring Storey County Act'.

SEC. 502. DEFINITIONS.

In this title: (1) COUNTY- The term `County' means Storey County, Nevada. (2) FEDERAL LAND- The term `Federal land' means the approximately 1,745 acres of Federal land identified on the map as `BLM Owned - County Request Transfer'. (3) MAP- The term `map' means the map titled `Restoring Storey County Act' and dated November 20, 2012. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Bureau of Land Management.

SEC. 503. CONVEYANCE OF FEDERAL LAND IN STOREY COUNTY, NEVADA.

Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date of the enactment of this Act and if requested by the County, the Secretary shall convey to the County, by quitclaim deed, all surface rights of the United States in and to the Federal land, including any improvements thereon. All costs associated with the conveyance under this section shall be the responsibility of the Bureau of Land Management.

TITLE VI--ELKO MOTOCROSS AND TRIBAL CONVEYANCE ACT

SEC. 601. SHORT TITLE.

This title may be cited as the `Elko Motocross and Tribal Conveyance Act'.

SEC. 602. DEFINITION OF SECRETARY.

In this title, the term `Secretary' means the Secretary of the Interior, acting through the Bureau of Land Management.

Subtitle A--Elko Motocross Land Conveyance

SEC. 611. DEFINITIONS.

In this subtitle: (1) COUNTY- The term `county' means the county of Elko, Nevada. (2) MAP- The term `map' means the map entitled `Elko Motocross Park' and dated April 19, 2013.

SEC. 612. CONVEYANCE OF LAND TO ELKO COUNTY.

(a) In General- As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, if requested by the county the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as `Elko Motocross Park'. (c) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) MINOR ERRORS- The Secretary may correct any minor error in the map or the legal description. (3) AVAILABILITY- The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land- The land conveyed under this subtitle shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (e) Administrative Costs- The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b).

Subtitle B--Trust Land for Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)

SEC. 621. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA (ELKO BAND).

(a) In General- Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)-- (1) shall be held in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (referred to in this subtitle as the `Tribe'); and (2) shall be part of the reservation of the Tribe. (b) Description of Land- The land referred to in subsection (a) is the approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as `Expansion Area'. (c) Map- The term `map' means the map entitled `Te-moak Tribal Land Expansion', dated April 19, 2013. This map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey- Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of Trust Land- (1) GAMING- Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) GENERAL USES- (A) IN GENERAL- The Tribe shall use the land taken into trust under subsection (a) only for-- (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) OTHER USES- If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (3) THINNING; LANDSCAPE RESTORATION- With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management.

TITLE VII--NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT

SEC. 701. SHORT TITLE.

This title may be cited as the `Naval Air Station Fallon Housing and Safety Development Act'.

SEC. 702. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.

(a) In General- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without reimbursement, the Federal land described in subsection (b). (b) Description of Federal Land- The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that-- (1) is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and (2) was withdrawn under Public Land Order 6834 (NV-943-4214-10; N-37875). (c) Management- On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land.

SEC. 703. WATER RIGHTS.

(a) Water Rights- Nothing in this title shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this title; or (2) to authorize the appropriation of water on lands transferred by this title except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights- This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.

SEC. 704. WITHDRAWAL.

Subject to valid existing rights, the Federal land to be transferred under section 702 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, so long as the land remains under the administrative jurisdiction of the Secretary of the Navy.

Union Calendar No. 440

113th CONGRESS
2d Session
H. R. 5205
[Report No. 113-593]
A BILL

To authorize certain land conveyances involving public lands in northern Nevada to promote economic development and conservation, and for other purposes.


September 15, 2014
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed