[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5752 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5752
To promote conservation, improve public land management, and provide
for sensible development in Pershing County, Nevada, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2016
Mr. Amodei (for himself, Mr. Heck of Nevada, Mr. Hardy, and Ms. Titus)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To promote conservation, improve public land management, and provide
for sensible development in Pershing County, Nevada, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pershing County
Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CHECKERBOARD LAND RESOLUTION
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Sale or exchange of eligible land.
Sec. 104. Disposition of proceeds.
TITLE II--LAND CONVEYANCES AND TRANSFERS
Sec. 201. Conveyances of covered land.
Sec. 202. Conveyance of land for use as a public cemetery.
TITLE III--WILDERNESS AREAS
Sec. 301. Additions to the National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Wildlife management.
Sec. 304. Release of wilderness study areas.
Sec. 305. Native American cultural and religious uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Pershing County,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 301(a).
TITLE I--CHECKERBOARD LAND RESOLUTION
SEC. 101. FINDINGS.
Congress finds that--
(1) since the passage of the Act of July 1, 1862 (12 Stat.
489, chapter 120) (commonly known as the ``Pacific Railway Act
of 1862''), under which railroad land grants along the Union
Pacific Railroad right-of-way created a checkerboard land
pattern of alternating public land and privately owned land,
management of the land in the checkerboard area has been a
constant source of frustration for both private landholders and
the Federal Government;
(2) management of Federal land in the checkerboard area has
been costly and difficult for the Federal land management
agencies, creating a disincentive to manage the land
effectively;
(3) parcels of land within the checkerboard area in the
County will not vary significantly in appraised value by acre
due to the similarity of highest and best use in the County;
and
(4) consolidation of appropriate land within the
checkerboard area through sales and as acre-for-acre exchanges
for development and Federal management will--
(A) help improve the tax base of the County; and
(B) simplify management for the Federal Government.
SEC. 102. DEFINITIONS.
In this title:
(1) Eligible land.--The term ``eligible land'' means--
(A) any land administered by the Director of the
Bureau of Land Management that is within the area
identified on the Map as ``Checkerboard Lands
Resolution Area'' that is designated for disposal by
the Secretary through--
(i) the Winnemucca Consolidated Resource
Management Plan; or
(ii) any subsequent amendment or revision
to the management plan that is undertaken with
full public involvement; and
(B) the land identified on the Map as ``Additional
Lands Eligible for Disposal''.
(2) Map.--The term ``Map'' means the map entitled
``Pershing County Checkerboard Lands Resolution'' and dated
June 24, 2016.
SEC. 103. SALE OR EXCHANGE OF ELIGIBLE LAND.
(a) Authorization of Conveyance.--Notwithstanding sections 202 and
203 and subsections (b) through (i) of section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713, and 1716), the
Secretary, in cooperation with the County, in accordance with this Act
and any other applicable law, and subject to valid existing rights,
shall conduct sales or exchanges of the eligible land.
(b) Joint Selection Required.--The Secretary and the County shall
jointly select which parcels of eligible land to offer for sale or
exchange under subsection (a).
(c) Compliance With Local Planning and Zoning Laws.--Before
carrying out a sale or exchange under subsection (a), the County shall
submit to the Secretary a certification that qualified bidders have
agreed to comply with--
(1) local zoning ordinances; and
(2) any master plan for the area approved by the County.
(d) Method of Sale or Exchange.--
(1) In general.--The sale or exchange of eligible land
under subsection (a) shall be--
(A) consistent with subsections (b) and (f) of
section 203 and section 206(a) of the Federal Land
Management Policy Act of 1976 (43 U.S.C. 1713,
1716(a)); and
(B) conducted through--
(i) a sale, which shall be--
(I) through a competitive bidding
process, under which adjoining
landowners are offered the first
option, unless otherwise determined by
the Secretary;
(II) for not less than fair market
value, based on an appraisal in
accordance with the Uniform Standards
of Professional Appraisal Practice; and
(III) conducted in accordance with
subsection (f); or
(ii) subject to paragraph (3), an acre-for-
acre exchange for private land located within a
Management Priority Area identified under
paragraph (4)(A).
(2) Mass appraisal.--Not later than 1 year after the date
of enactment of this Act, and every 5 years thereafter, the
Secretary shall--
(A) conduct a mass appraisal of the eligible land
to determine whether any parcel of eligible land is
likely valued at equal to or greater than $500 per acre
(in 2016 constant dollars, as measured by the Consumer
Price Index); and
(B) make available to the public the results of the
mass appraisal conducted under subparagraph (A).
(3) Exclusion.--
(A) In general.--If the Secretary determines that a
parcel of eligible land is likely valued at equal to or
greater than $500 per acre (in 2016 constant dollars,
as measured by the Consumer Price Index) under
paragraph (2)(A), the Secretary shall exclude that
parcel from the acre-for-acre exchange described in
paragraph (1)(B)(ii).
(B) Publication in federal register.--If a mass
appraisal of eligible land under paragraph (2)(A) is
not finalized, or up-to-date and publicly available,
before an acre-for-acre exchange described in paragraph
(1)(B)(ii) is completed, the Secretary may finalize the
exchange if the Secretary publishes in the Federal
Register--
(i) a determination stating that the one or
more parcels of eligible land included in the
exchange are likely valued at less than $500
per acre (in 2016 constant dollars, as measured
by the Consumer Price Index); and
(ii) a description of the methodology used
to arrive at that determination.
(4) Management priority areas.--
(A) In general.--Subject to subparagraph (B), not
later than 1 year after the date of enactment of this
Act, for the purpose of the exchanges authorized under
paragraph (1)(B)(ii), the Secretary--
(i) shall identify Management Priority
Areas within the Checkerboard Lands Resolution
Area, as identified on the Map, that are
considered by the Secretary to be--
(I) greater sage-grouse habitat;
(II) part of an identified wildlife
corridor or designated critical
habitat;
(III) of value for outdoor
recreation or public access for
hunting, fishing, and other
recreational purposes;
(IV) of significant cultural,
historic, ecological, or scenic value;
or
(V) of value for improving Federal
land management; and
(ii) as appropriate, may identify
additional management priority areas in the
County any time after the identification under
clause (i) is completed.
(B) Limitation.--Management of Federal land within
any Management Priority Area identified under
subparagraph (A) shall not be changed based solely on
that identification.
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights,
effective on the date on which a parcel of eligible land is
selected for sale or exchange under subsection (b), that parcel
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) Termination.--The withdrawal of a parcel of eligible
land under paragraph (1) shall terminate--
(A) on the date of sale or, in the case of
exchange, the conveyance of title of the parcel of
eligible land under this title; or
(B) with respect to any parcel of eligible land
selected for sale or exchange under subsection (b) that
is not sold or exchanged, not later than 2 years after
the date on which the parcel was offered for sale or
exchange under this title.
(f) Parameters for Sale or Exchange.--
(1) Sales.--
(A) Deadline.--Except as provided in paragraph (3),
not later than 1 year after the date of enactment of
this Act, and not less frequently than once per year
thereafter until the date on which the limitation in
subparagraph (B) has been reached or the date on which
the County requests a postponement under paragraph (3),
the Secretary shall offer for sale the parcels of
eligible land jointly selected under subsection (b).
(B) Limitation.--The total acreage of eligible land
sold under this title shall consist of not more than
150,000 acres of eligible land.
(2) Deadline for exchanges.--Except as provided in
paragraph (3), not later than 1 year after the date on which
the Management Priority Areas are identified under subsection
(d)(4)(A), and not less frequently than once per year
thereafter until the date on which all of the parcels of
eligible land have been disposed of or the date on which the
County requests a postponement under paragraph (3), the
Secretary shall offer for exchange the parcels of eligible land
jointly selected under subsection (b).
(3) Postponement; exclusion for sale or exchange.--
(A) Request by county for postponement or
exclusion.--At the request of the County, the Secretary
shall postpone or exclude from a sale or exchange all
or a portion of the eligible land jointly selected
under subsection (b).
(B) Indefinite postponement.--Unless specifically
requested by the County, a postponement under
subparagraph (A) shall not be indefinite.
(C) Postponement or exclusion by the secretary.--
The Secretary may postpone or exclude from a sale or
exchange all or a portion of the eligible land jointly
selected under subsection (b) for emergency ecological
or safety reasons.
SEC. 104. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds.--Of the proceeds from the sale of land
under section 103 or 201--
(1) 5 percent shall be disbursed to the State for use in
the general education program of the State;
(2) 10 percent shall be disbursed to the County for use as
determined through normal County budgeting procedures; and
(3) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Pershing County Special Account'', which shall be available
to the Secretary, in consultation with the County, for--
(A) the reimbursement of costs incurred by the
Department of the Interior in preparing for the sale or
exchange of the eligible land, including--
(i) the costs of surveys and appraisals;
and
(ii) the costs of compliance with the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and sections 202 and 203
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712, 1713);
(B) the conduct of wildlife habitat conservation
and restoration projects, including projects that
benefit the greater sage-grouse in the County;
(C) a project or activity carried out in the County
to address drought conditions;
(D) the implementation of wildfire presuppression
and restoration projects in the County;
(E) the acquisition of environmentally sensitive
land or interests in environmentally sensitive land in
the County;
(F) projects that secure public access to Federal
land for hunting, fishing, and other recreational
purposes through easements or rights-of-way in the
County; and
(G) the conduct of any surveys related to the
designation of the wilderness areas under title III.
(b) Investment of Special Account.--Any amounts deposited in the
special account established under subsection (a)(3)--
(1) shall earn interest in an amount determined by the
Secretary of the Treasury, based on the current average market
yield on outstanding marketable obligations of the United
States of comparable maturities; and
(2) may be expended by the Secretary in accordance with
this section.
(c) Reports.--
(1) In general.--Beginning with fiscal year 2018, and once
every 5 fiscal years thereafter, not later than 60 days after
the last day of the preceding fiscal year, the Secretary shall
submit to the State, the County, and the appropriate committees
of Congress a report on the operation of the special account
established under subsection (a)(3) for the preceding 5 fiscal
years.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the fiscal year covered by the report--
(A) a statement of the amounts deposited into the
special account;
(B) a description of the expenditures made from the
special account for the fiscal year, including the
purpose of the expenditures;
(C) recommendations for additional authorities to
fulfill the purpose of the special account; and
(D) a statement of the balance remaining in the
special account at the end of the fiscal year.
TITLE II--LAND CONVEYANCES AND TRANSFERS
SEC. 201. CONVEYANCES OF COVERED LAND.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means any
Federal land or interest in Federal land in the County
identified on the Map as ``Covered Land''.
(2) Map.--The term ``Map'' means the map entitled
``Pershing County Land Conveyances and Transfers'' and dated
June 24, 2016.
(3) Qualified entity.--The term ``qualified entity'' means,
with respect to a portion of covered land--
(A) the owner of the mining claims, millsites, or
tunnel sites on a portion of the covered land on the
date of enactment of this Act;
(B) the lessee, or other successor in interest of
the owner--
(i) with the right of possession of the
mining claims, millsites, or tunnel sites on
the covered land;
(ii) that has paid (or whose agent has
paid) the annual claim maintenance fee or filed
a maintenance fee waiver on or before September
1, 2016, with the authority or consent of the
owner, for the upcoming assessment year for the
mining claims, millsites, or tunnel sites
within the exterior boundary of the portion of
covered land, as determined based on the claim
maintenance fee records of the Bureau of Land
Management as of the date of introduction of
this Act; and
(iii) that has the authority or consent of
the owner to acquire the portion of covered
land; or
(C) a subsequent successor to the interest of a
qualified entity in the covered land that has the
authority or consent of the owner to acquire the
portion of covered land.
(b) Land Conveyances.--
(1) In general.--Subject to paragraph (3), notwithstanding
the inventory and land use planning requirements of sections
201 and 202 or the sales provisions of section 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711,
1712, 1713), not later than 180 days after the date of
enactment of this Act and subject to valid existing rights held
by third parties and any mining claims, millsite, or tunnel
site of a qualified entity applicable to the covered land, the
Secretary shall offer for sale to qualified entities, for fair
market value, the remaining right, title, and interest of the
United States in and to the covered land.
(2) Conveyance.--Not later than 1 year after the date of
the acceptance of an offer under paragraph (1) by a qualified
entity and completion of a sale for all or part of the covered
land to a qualified entity, the Secretary, by delivery of an
appropriate deed, patent, or other valid instrument of
conveyance, shall convey to the qualified entity, all remaining
right, title, and interest of the United States in and to the
applicable portion of the covered land.
(3) Merger.--Subject to valid existing rights held by third
parties, on delivery of the instrument of conveyance to the
qualified entity under paragraph (2), any prior interests in
the locatable minerals and the right to use the surface for
mineral purposes held by the qualified entity under a mining
claim, millsite, tunnel site, or any other Federal land use
authorization applicable to the covered land conveyed to the
qualified entity shall merge with all right, title, and
interest conveyed to the qualified entity by the United States
under this section to ensure that the qualified entity receives
fee simple title to the purchased covered land.
(4) Appraisal to determine fair market value.--The
Secretary shall determine the fair market value of the covered
land to be conveyed under this subsection in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(5) Costs.--As a condition of the conveyance of the covered
land under this section, the qualified entity shall pay all
costs related to the conveyance of the covered land conveyed,
including the costs of surveys and other administrative costs
associated with the conveyance.
(6) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(7) Minor corrections.--The Secretary, in consultation with
the County, may correct minor errors in the Map or a
description of the covered land.
(c) Disposition of Proceeds.--Any amounts collected under this
section shall be disposed of in accordance with section 104.
(d) Termination.--The authority of the Secretary to sell covered
land under this section shall terminate on the date that is 10 years
after the date of enactment of this Act.
SEC. 202. CONVEYANCE OF LAND FOR USE AS A PUBLIC CEMETERY.
(a) In General.--The Secretary shall convey to the County, without
consideration, the Federal land described in subsection (b).
(b) Description of Federal Land.--The Federal land referred to in
subsection (a) is the approximately 10 acres of land depicted as
``Unionville Cemetery'' on the Map entitled ``Pershing County Land
Conveyances and Transfers'' and dated June 24, 2016.
(c) Use of Conveyed Land.--The Federal land conveyed under
subsection (a) shall be used by the County as a public cemetery.
TITLE III--WILDERNESS AREAS
SEC. 301. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of Federal land in the State are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cain mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
12,339 acres, as generally depicted on the map entitled
``Proposed Cain Mountain Wilderness'' and dated June 17, 2016,
which shall be known as the ``Cain Mountain Wilderness''.
(2) Bluewing wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 24,900
acres, as generally depicted on the map entitled ``Proposed
Bluewing Wilderness'' and dated June 17, 2016, which shall be
known as the ``Bluewing Wilderness''.
(3) Selenite peak wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
22,822 acres, as generally depicted on the map entitled
``Proposed Selenite Peak Wilderness'' and dated June 17, 2016,
which shall be known as the ``Selenite Peak Wilderness''.
(4) Mount limbo wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
11,855 acres, as generally depicted on the map entitled
``Proposed Mt. Limbo Wilderness'' and dated June 17, 2016,
which shall be known as the ``Mount Limbo Wilderness''.
(5) North sahwave wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
13,875 acres, as generally depicted on the map entitled
``Proposed North Sahwave Wilderness'' and dated June 17, 2016,
which shall be known as the ``North Sahwave Wilderness''.
(6) Tobin crest wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
35,339 acres, as generally depicted on the map entitled
``Proposed Tobin Crest Wilderness'' and dated June 17, 2016,
which shall be known as the ``Tobin Crest Wilderness''.
(7) Fencemaker wilderness.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately 14,942
acres, as generally depicted on the map entitled ``Proposed
Fencemaker Wilderness'' and dated June 17, 2016, which shall be
known as the ``Fencemaker Wilderness''.
(b) Boundary.--The boundary of any portion of a wilderness area
that is bordered by a road shall be 100 feet from the centerline of the
road.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area.
(2) Effect.--Each map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--Each 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.
(4) Withdrawal.--Subject to valid existing rights, the
wilderness areas designated by subsection (a) are withdrawn
from--
(A) all forms of entry, appropriation, and 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.
SEC. 302. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the wilderness areas,
if established before the date of enactment of this Act, shall be
allowed to continue, subject to such reasonable regulations, policies,
and practices as the Secretary considers to be necessary in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundary of a wilderness area that is
acquired by the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness area.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the wilderness areas to create protective
perimeters or buffer zones around the wilderness areas.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
(e) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, including military overflights that can be
seen or heard within the wilderness areas;
(2) flight testing 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 areas.
(f) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may take such measures in the wilderness areas as are
necessary for the control of fire, insects, and diseases (including, as
the Secretary determines to be appropriate, the coordination of the
activities with a State or local agency).
(g) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological data collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
(h) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas are located--
(i) in the semiarid region of the Great
Basin; and
(ii) at the headwaters of the streams and
rivers on land with respect to which there are
few, if any--
(I) actual or proposed water
resource facilities located upstream;
and
(II) opportunities for diversion,
storage, or other uses of water
occurring outside the land that would
adversely affect the wilderness values
of the land;
(B) the wilderness areas are generally not suitable
for use or development of new water resource
facilities; and
(C) because of the unique nature of the wilderness
areas, it is possible to provide for proper management
and protection of the wilderness and other values of
land in ways different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the wilderness areas by means other than a
federally reserved water right.
(3) Statutory construction.--Nothing in this Act--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the wilderness areas;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(4) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas.
(5) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the
term ``water resource facility'' means
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 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.
(i) Temporary Telecommunications Device.--
(1) In general.--Nothing in this Act prevents the placement
of a temporary telecommunications device for law enforcement or
agency administrative purposes in the Selenite Peak Wilderness
in accordance with paragraph (2).
(2) Additional requirements.--Any temporary
telecommunications device authorized by the Secretary under
paragraph (1) shall--
(A) be carried out in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) all other applicable laws (including
regulations);
(B) to the maximum practicable, be located in such
a manner as to minimize impacts on the recreational and
other wilderness values of the area; and
(C) be for a period of not longer than 7 years.
SEC. 303. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting, fishing, and
trapping, in the wilderness areas.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the wilderness areas
that are necessary to maintain or restore fish and wildlife populations
and the habitats to support the populations, if the activities are
carried out--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405), including noxious weed
treatment and the occasional and temporary use of
motorized vehicles if the use, as determined by the
Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness values with the minimal impact
necessary to reasonably accomplish those tasks.
(c) Existing Activities.--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
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide water
for wildlife populations, specifically sage grouse, in the wilderness
areas.
(d) Wildlife Water Development Projects.--Subject to subsection
(f), the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects, including guzzlers, in the wilderness areas if--
(1) the structures and facilities 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.--
(1) In general.--The Secretary may designate areas in
which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in the
wilderness areas.
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency and notify the
public before taking any action under paragraph (1).
(f) Cooperative Agreement.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
wilderness areas--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9''
and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by
the Secretary and the State; and
(B) subject to all applicable laws (including
regulations).
(2) References; clark county.--For the purposes of this
subsection, any references to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered to
be a reference to the wilderness areas.
SEC. 304. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the approximately 48,600 acres of public land in the portions
of the China Mountain, Mt. Limbo, Selenite Mountains, and Tobin Range
wilderness study areas that have not been designated as wilderness by
section 301(a) and the portion of the Augusta Mountains wilderness
study area within the County that has not been designated as wilderness
by section 301(a) have been adequately studied for wilderness
designation.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land
use plans adopted under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
(a) In General.--Nothing in this title alters or diminishes the
treaty rights of any Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)).
(b) Cultural Uses.--Nothing in this title precludes the traditional
collection of pine nuts in a wilderness area for personal,
noncommercial use consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.).
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