[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2354 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2354
To provide for the administration of certain national monuments, to
establish a National Monument Enhancement Fund, and to establish
certain wilderness areas in the States of New Mexico and Nevada.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2018
Mr. Udall (for himself, Mr. Durbin, Mr. Blumenthal, Mr. Wyden, Mr.
Heinrich, Mrs. Feinstein, Mr. Schatz, Ms. Harris, Ms. Cortez Masto, Ms.
Duckworth, Mrs. Gillibrand, Ms. Hirono, Mr. Merkley, Mr. Cardin, Mr.
Booker, Mr. Van Hollen, Ms. Smith, Mr. Bennet, and Mr. Leahy)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the administration of certain national monuments, to
establish a National Monument Enhancement Fund, and to establish
certain wilderness areas in the States of New Mexico and Nevada.
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 ``America's Natural
Treasures of Immeasurable Quality Unite, Inspire, and Together Improve
the Economies of States Act of 2018'' or the ``ANTIQUITIES Act of
2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--ADMINISTRATION OF CERTAIN NATIONAL MONUMENTS
Sec. 101. Definitions.
Sec. 102. Administration of covered national monuments.
Sec. 103. Description of covered national monuments.
TITLE II--NATIONAL MONUMENT ENHANCEMENT FUND
Sec. 201. Establishment of Fund.
Sec. 202. Authorization of appropriations.
TITLE III--ESTABLISHMENT OF CERTAIN WILDERNESS AREAS IN THE STATE OF
NEW MEXICO
Sec. 301. Organ Mountains-Desert Peaks Wilderness Areas.
Sec. 302. Cerro del Yuta and Rio San Antonio Wilderness Areas.
TITLE IV--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Additions to National Wilderness Preservation System.
Sec. 404. Administration.
Sec. 405. Adjacent management.
Sec. 406. Military, law enforcement, and emergency overflights.
Sec. 407. Release of wilderness study areas.
Sec. 408. Native American cultural and religious uses.
Sec. 409. Wildlife management.
Sec. 410. Wildfire, insect, and disease management.
Sec. 411. Climatological data collection.
SEC. 2. FINDINGS.
Congress finds that--
(1) as established by Federal law, a national monument may
only be reduced, diminished, or revoked by an Act of Congress;
(2) the national monuments under review under Executive
Order 13792 (82 Fed. Reg. 20429 (May 1, 2017)) have delivered
economic, cultural, and ecological benefits to local
communities and the United States; and
(3) legislative actions subsequent to Presidential
declarations, such as the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 991), have ratified certain
national monuments under review and other national monuments.
TITLE I--ADMINISTRATION OF CERTAIN NATIONAL MONUMENTS
SEC. 101. DEFINITIONS.
In this title:
(1) Covered national monument.--The term ``covered national
monument'' means a national monument described in section 103.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
a covered national monument under the joint or
exclusive jurisdiction of the National Park Service,
the Bureau of Land Management, or the United States
Fish and Wildlife Service;
(B) the Secretary of Agriculture, with respect to a
covered national monument under the joint or exclusive
jurisdiction of the Forest Service; and
(C) the Secretary of Commerce, with respect to a
covered national monument under the joint or exclusive
jurisdiction of the National Oceanic and Atmospheric
Administration.
SEC. 102. ADMINISTRATION OF COVERED NATIONAL MONUMENTS.
(a) In General.--The Secretary concerned shall administer each
national monument described in section 103 in accordance with--
(1) the one or more applicable Presidential proclamations
specified in that section that apply to the applicable covered
national monument;
(2) any Act of Congress enacted before December 4, 2017,
that provides for an adjustment to the boundary of, or a
requirement with respect to the administration of, the
applicable covered national monument; and
(3) this Act.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall--
(A) conduct a survey of the boundaries of each
covered national monument; and
(B) file a map and legal description of each
covered national monument with--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1)(B) shall have the same force and effect as
if included in this Act, except that the Secretary concerned
may correct errors in the legal descriptions and maps.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1)(B) shall be on file and available for
public inspection in the appropriate offices of the Secretary
concerned.
(c) Management Plan.--If a management plan has not been prepared
for a covered national monument as of the date of enactment of this
Act, not later than 2 years after the date of enactment of this Act,
the Secretary concerned shall prepare a management plan for the covered
national monument, in accordance with--
(1) the one or more Presidential proclamations specified in
section 103 that apply to the applicable covered national
monument; and
(2) any other applicable Federal law (including
regulations).
(d) Funding.--A covered national monument shall be eligible to
receive funds from the National Monument Enhancement Fund established
by section 201(a).
SEC. 103. DESCRIPTION OF COVERED NATIONAL MONUMENTS.
The following are the national monuments referred to in section
102(a):
(1) Birmingham civil rights national monument, alabama.--
The Birmingham Civil Rights National Monument established in
the State of Alabama by Presidential Proclamation 9565, as
issued on January 12, 2017 (54 U.S.C. 320301 note).
(2) Freedom riders national monument, alabama.--The Freedom
Riders National Monument established in the State of Alabama by
Presidential Proclamation 9566, as issued on January 12, 2017
(54 U.S.C. 320301 note).
(3) Agua fria national monument, arizona.--The Agua Fria
National Monument established in the State of Arizona by
Presidential Proclamation 7263, as issued on January 11, 2000
(54 U.S.C. 320301 note).
(4) Grand canyon-parashant national monument, arizona.--The
Grand Canyon-Parashant National Monument established in the
State of Arizona by Presidential Proclamation 7265, as issued
on January 11, 2000 (54 U.S.C. 320301 note).
(5) Ironwood forest national monument, arizona.--The
Ironwood Forest National Monument established in the State of
Arizona by Presidential Proclamation 7320, as issued on June 9,
2000 (54 U.S.C. 320301 note).
(6) Sonoran desert national monument, arizona.--The Sonoran
Desert National Monument established in the State of Arizona by
Presidential Proclamation 7397, as issued on January 17, 2001
(54 U.S.C. 320301 note).
(7) Vermilion cliffs national monument, arizona.--The
Vermilion Cliffs National Monument established in the State of
Arizona by Presidential Proclamation 7374, as issued on
November 9, 2000 (54 U.S.C. 320301 note).
(8) Berryessa snow mountain national monument,
california.--The Berryessa Snow Mountain National Monument
established in the State of California by Presidential
Proclamation 9298, as issued on July 10, 2015 (54 U.S.C. 320301
note).
(9) California coastal national monument, california.--The
California Coastal National Monument established in the State
of California by Presidential Proclamation 7264, as issued on
January 11, 2000 (54 U.S.C. 320301 note), Presidential
Proclamation 9089, as issued on March 11, 2014 (54 U.S.C.
320301 note), and Presidential Proclamation 9563, as issued on
January 12, 2017 (54 U.S.C. 320301 note).
(10) Carrizo plain national monument, california.--The
Carrizo Plain National Monument established in the State of
California by Presidential Proclamation 7393, as issued on
January 17, 2001 (54 U.S.C. 320301 note).
(11) Castle mountains national monument, california.--The
Castle Mountains National Monument established in the State of
California by Presidential Proclamation 9394, as issued on
February 12, 2016 (54 U.S.C. 320301 note).
(12) Cesar e. chavez national monument, california.--The
Cesar E. Chavez National Monument established in the State of
California by Presidential Proclamation 8884, as issued on
October 8, 2012 (54 U.S.C. 320301 note).
(13) Fort ord national monument, california.--The Fort Ord
National Monument established in the State of California by
Presidential Proclamation 8803, as issued on April 20, 2012 (54
U.S.C. 320301 note).
(14) Giant sequoia national monument, california.--The
Giant Sequoia National Monument established in the State of
California by Presidential Proclamation 7295, as issued on
April 15, 2000 (54 U.S.C. 320301 note).
(15) Mojave trails national monument, california.--The
Mojave Trails National Monument established in the State of
California by Presidential Proclamation 9395, as issued on
February 12, 2016 (54 U.S.C. 320301 note).
(16) San gabriel mountains national monument, california.--
The San Gabriel Mountains National Monument established in the
State of California by Presidential Proclamation 9194, as
issued on October 10, 2014 (54 U.S.C. 320301 note).
(17) Sand to snow national monument, california.--The Sand
to Snow National Monument established in the State of
California by Presidential Proclamation 9396, as issued on
February 12, 2016 (54 U.S.C. 320301 note).
(18) Browns canyon national monument, colorado.--The Browns
Canyon National Monument established in the State of Colorado
by Presidential Proclamation 9232, as issued on February 19,
2015 (54 U.S.C. 320301 note).
(19) Canyons of the ancients national monument, colorado.--
The Canyons of the Ancients National Monument established in
the State of Colorado by Presidential Proclamation 7317, as
issued on June 9, 2000 (54 U.S.C. 320301 note).
(20) Chimney rock national monument, colorado.--The Chimney
Rock National Monument established in the State of Colorado by
Presidential Proclamation 8868, as issued on September 21, 2012
(54 U.S.C. 320301 note).
(21) Belmont-paul women's equality national monument,
washington, dc.--The Belmont-Paul Women's Equality National
Monument established in Washington, DC, by Presidential
Proclamation 9423, as issued on April 12, 2016 (54 U.S.C.
320301 note).
(22) President lincoln and soldiers' home national
monument, washington, dc.--The President Lincoln and Soldiers'
Home National Monument established in Washington, DC, by
Presidential Proclamation 7329, as issued on July 7, 2000 (54
U.S.C. 320301 note).
(23) Honouliuli national monument, hawaii.--The Honouliuli
National Monument established in the State of Hawaii by
Presidential Proclamation 9234, as issued on February 24, 2015
(54 U.S.C. 320301 note).
(24) Pullman national monument, illinois.--The Pullman
National Monument established in the State of Illinois by
Presidential Proclamation 9233, as issued on February 19, 2015
(54 U.S.C. 320301 note).
(25) Katahdin woods and waters national monument, maine.--
The Katahdin Woods and Waters National Monument established in
the State of Maine by Presidential Proclamation 9476, as issued
on August 24, 2016 (54 U.S.C. 320301 note).
(26) Pompeys pillar national monument, montana.--The
Pompeys Pillar National Monument established in the State of
Montana by Presidential Proclamation 7396, as issued on January
17, 2001 (54 U.S.C. 320301 note).
(27) Upper missouri river breaks national monument,
montana.--The Upper Missouri River Breaks National Monument
established in the State of Montana by Presidential
Proclamation 7398, as issued on January 17, 2001 (54 U.S.C.
320301 note).
(28) Basin and range national monument, nevada.--The Basin
and Range National Monument established in the State of Nevada
by Presidential Proclamation 9297, as issued on July 10, 2015
(54 U.S.C. 320301 note).
(29) Gold butte national monument, nevada.--The Gold Butte
National Monument established in the State of Nevada by
Presidential Proclamation 9559, as issued on December 28, 2016
(54 U.S.C. 320301 note).
(30) Kasha-katuwe tent rocks national monument, new
mexico.--The Kasha-Katuwe Tent Rocks National Monument
established in the State of New Mexico by Presidential
Proclamation 7394, as issued on January 17, 2001 (54 U.S.C.
320301 note).
(31) Organ mountains-desert peaks national monument, new
mexico.--The Organ Mountains-Desert Peaks National Monument
established in the State of New Mexico by the Presidential
Proclamation 9131, as issued on May 21, 2014 (54 U.S.C. 320301
note).
(32) Rio grande del norte national monument, new mexico.--
The Rio Grande del Norte National Monument established in the
State of New Mexico by Presidential Proclamation 8946, as
issued on March 25, 2013 (54 U.S.C. 320301 note).
(33) African burial ground national monument, new york.--
The African Burial Ground National Monument established in the
State of New York by Presidential Proclamation 7984, as issued
on February 27, 2006 (54 U.S.C. 320301 note).
(34) Governors island national monument, new york.--The
Governors Island National Monument established in the State of
New York by Presidential Proclamation 7647, as issued on
February 7, 2003 (54 U.S.C. 320301 note).
(35) Stonewall national monument, new york.--The Stonewall
National Monument established in the State of New York by
Presidential Proclamation 9465, as issued on June 24, 2016 (54
U.S.C. 320301 note).
(36) Charles young buffalo soldiers national monument,
ohio.--The Charles Young Buffalo Soldiers National Monument
established in the State of Ohio by Presidential Proclamation
8945, as issued on March 25, 2013 (54 U.S.C. 320301 note).
(37) Cascade-siskiyou national monument, oregon and
california.--The Cascade-Siskiyou National Monument established
in the States of Oregon and California by Presidential
Proclamation 7318, as issued on June 9, 2000 (54 U.S.C. 320301
note), and Presidential Proclamation 9564, as issued on January
12, 2017 (54 U.S.C. 320301 note).
(38) Reconstruction era national monument, south
carolina.--The Reconstruction Era National Monument established
in the State of South Carolina by Presidential Proclamation
9567, as issued on January 12, 2017 (54 U.S.C. 320301 note).
(39) Waco mammoth national monument, texas.--The Waco
Mammoth National Monument established in the State of Texas by
Presidential Proclamation 9299, as issued on July 10, 2015 (54
U.S.C. 320301 note).
(40) Bears ears national monument, utah.--The Bears Ears
National Monument established in the State of Utah by
Presidential Proclamation 9558, as issued on December 28, 2016
(54 U.S.C. 320301 note), except that the boundaries of the
Bears Ears National Monument shall be modified to encompass the
approximately 1,931,997 acres of Federal land generally
depicted on the map on page 6 of the proposal entitled
``Proposal to President Barack Obama for the Creation of Bears
Ears National Monument'', prepared by the Bears Ears Inter-
Tribal Coalition, and dated October 15, 2015.
(41) Grand staircase-escalante national monument, utah.--
The Grand Staircase-Escalante National Monument established in
the State of Utah by Presidential Proclamation 6920, as issued
on September 18, 1996 (54 U.S.C. 320301 note).
(42) Fort monroe national monument, virginia.--The Fort
Monroe National Monument established in the State of Virginia
by Presidential Proclamation 8750, as issued on November 1,
2011 (54 U.S.C. 320301 note).
(43) Hanford reach national monument, washington.--The
Hanford Reach National Monument established in the State of
Washington by Presidential Proclamation 7319, as issued on June
9, 2000 (54 U.S.C. 320301 note).
(44) San juan islands national monument, washington.--The
San Juan Islands National Monument established in the State of
Washington by Presidential Proclamation 8947, as issued on
March 25, 2013 (54 U.S.C. 320301 note).
(45) Virgin islands coral reef national monument, united
states virgin islands.--The Virgin Islands Coral Reef National
Monument established in the United States Virgin Islands by
Presidential Proclamation 7399, as issued on January 17, 2001
(54 U.S.C. 320301 note).
(46) Northeast canyons and seamounts marine national
monument, atlantic ocean.--The Northeast Canyons and Seamounts
Marine National Monument established in the Atlantic Ocean by
Presidential Proclamation 9496, as issued on September 15, 2016
(54 U.S.C. 320301 note).
(47) Pacific remote islands marine national monument,
pacific ocean.--The Pacific Remote Islands Marine National
Monument established in the Pacific Ocean by Presidential
Proclamation 8336, as issued on January 6, 2009 (54 U.S.C.
320301 note), and by Presidential Proclamation 9173, as issued
on September 25, 2014 (54 U.S.C. 320301 note).
(48) Rose atoll marine national monument, american samoa.--
The Rose Atoll Marine National Monument established in American
Samoa and the Pacific Ocean by Presidential Proclamation 8337,
as issued on January 6, 2009 (54 U.S.C. 320301 note).
(49) Marianas trench national monument, commonwealth of the
northern mariana islands.--The Marianas Trench Marine National
Monument established in the Commonwealth of the Northern
Mariana Islands and the Pacific Ocean by Presidential
Proclamation 8335, as issued on January 6, 2009 (54 U.S.C.
320301 note).
(50) Papahanaumokuakea marine national monument, hawaii.--
The Papahanaumokuakea Marine National Monument established in
the State of Hawaii and the Pacific Ocean by Presidential
Proclamation 8031, as issued on June 15, 2006 (54 U.S.C. 320301
note), and Presidential Proclamation 9478, as issued on August
25, 2016 (54 U.S.C. 320301 note).
(51) World war ii valor in the pacific national monument,
alaska, california, and hawaii.--The World War II Valor in the
Pacific National Monument established in the States of Alaska,
California, and Hawaii by Presidential Proclamation 8327, as
issued on December 5, 2008 (54 U.S.C. 320301 note).
TITLE II--NATIONAL MONUMENT ENHANCEMENT FUND
SEC. 201. ESTABLISHMENT OF FUND.
(a) Establishment.--There is established in the Treasury a fund, to
be known as the ``National Monument Enhancement Fund'' (referred to in
this title as the ``Fund''), consisting of such amounts as are
appropriated to the Fund under section 202.
(b) Purposes.--The purposes of the Fund are--
(1) to provide funds to the Bureau of Land Management, the
Forest Service, the National Park Service, the United States
Fish and Wildlife Service, and the National Oceanographic and
Atmospheric Administration for the development of management
plans for national monuments designated under section 320301 of
title 54, United States Code;
(2) to provide funds for the Federal acquisition and
development of certain land and other areas; and
(3) to provide funds to develop and enhance the
recreational infrastructure on land designated as a national
monument under section 320301 of title 54, United States Code.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $100,000,000 for
fiscal year 2018 and each fiscal year thereafter, to remain available
until expended.
TITLE III--ESTABLISHMENT OF CERTAIN WILDERNESS AREAS IN THE STATE OF
NEW MEXICO
SEC. 301. ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS AREAS.
(a) Definitions.--In this section:
(1) Monument.--The term ``Monument'' means the Organ
Mountains-Desert Peaks National Monument.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Designation of Wilderness Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness and as components of the National
Wilderness Preservation System:
(A) Aden lava flow wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 27,673 acres, as
generally depicted on the map entitled ``Potrillo
Mountains Complex'' and dated April 18, 2016, which
shall be known as the ``Aden Lava Flow Wilderness''.
(B) Broad canyon wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 13,902 acres, as
generally depicted on the map entitled ``Desert Peaks
Complex'' and dated April 13, 2016, which shall be
known as the ``Broad Canyon Wilderness''.
(C) Cinder cone wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 16,935 acres, as
generally depicted on the map entitled ``Potrillo
Mountains Complex'' and dated April 18, 2016, which
shall be known as the ``Cinder Cone Wilderness''.
(D) Organ mountains wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 19,916 acres, as
generally depicted on the map entitled ``Organ
Mountains Area'' and dated September 21, 2016, which
shall be known as the ``Organ Mountains Wilderness'',
the boundary of which shall be offset 400 feet from the
centerline of Dripping Springs Road in T. 23 S., R. 04
E., sec. 7, New Mexico Principal Meridian.
(E) Potrillo mountains wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana and Luna counties comprising approximately 125,854
acres, as generally depicted on the map entitled
``Potrillo Mountains Complex'' and dated April 18,
2016, which shall be known as the ``Potrillo Mountains
Wilderness''.
(F) Robledo mountains wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 16,776 acres, as
generally depicted on the map entitled ``Desert Peaks
Complex'' and dated April 13, 2016, which shall be
known as the ``Robledo Mountains Wilderness''.
(G) Sierra de las uvas wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana County comprising approximately 11,114 acres, as
generally depicted on the map entitled ``Desert Peaks
Complex'' and dated April 13, 2016, which shall be
known as the ``Sierra de las Uvas Wilderness''.
(H) Whitethorn wilderness.--Certain land
administered by the Bureau of Land Management in Dona
Ana and Luna counties comprising approximately 9,616
acres, as generally depicted on the map entitled
``Potrillo Mountains Complex'' and dated April 18,
2016, which shall be known as the ``Whitethorn
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
maps and legal descriptions of the wilderness areas
with--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(B) Force of law.--The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct errors in the maps and legal
descriptions.
(C) Public availability.--The maps and legal
descriptions filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(3) Management.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary--
(A) as components of the National Landscape
Conservation System; and
(B) in accordance with--
(i) this section; and
(ii) the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(I) 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
(II) any reference in the
Wilderness Act to the Secretary of
Agriculture shall be considered to be a
reference to the Secretary.
(4) Incorporation of acquired land and interests in land.--
Any land or interest in land that is within the boundary of a
wilderness area that is acquired by the United States shall--
(A) become part of the wilderness area within the
boundaries of which the land is located; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.);
(ii) this section; and
(iii) any other applicable laws.
(5) Grazing.--Grazing of livestock in the wilderness areas,
where established before the date of enactment of this Act,
shall be administered 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
to accompany H.R. 2570 of the 101st Congress (H. Rept.
101-405).
(6) Military overflights.--Nothing in this subsection
restricts or precludes--
(A) low-level overflights of military aircraft over
the wilderness areas, including military overflights
that can be seen or heard within the wilderness areas;
(B) the designation of new units of special
airspace over the wilderness areas; or
(C) the use or establishment of military flight
training routes over the wilderness areas.
(7) Buffer zones.--
(A) In general.--Nothing in this subsection creates
a protective perimeter or buffer zone around any
wilderness area.
(B) Activities outside wilderness areas.--The fact
that an activity or use on land outside any wilderness
area can be seen or heard within the wilderness area
shall not preclude the activity or use outside the
boundary of the wilderness area.
(8) Paragliding.--The use of paragliding within areas of
the Potrillo Mountains Wilderness designated by paragraph
(1)(E) in which the use has been established before the date of
enactment of this Act, shall be allowed to continue in
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), subject to any terms and conditions that
the Secretary determines to be necessary.
(9) Climatologic data collection.--Subject to such terms
and conditions as the Secretary may prescribe, nothing in this
section precludes the installation and maintenance of
hydrologic, meteorologic, or climatologic collection devices in
wilderness areas if the facilities and access to the facilities
are essential to flood warning, flood control, or water
reservoir operation activities.
(10) Fish and wildlife.--Nothing in this section affects
the jurisdiction of the State with respect to fish and wildlife
located on public land in the State, except that the Secretary,
after consultation with the New Mexico Department of Game and
Fish, may designate zones where, and establish periods during
which, no hunting or fishing shall be permitted for reasons of
public safety, administration, or compliance with applicable
law.
(11) Withdrawals.--
(A) In general.--Subject to valid existing rights,
the Federal land within the wilderness areas and any
land or interest in land that is acquired by the United
States in the wilderness areas after the date of
enactment of this Act is withdrawn from--
(i) entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing,
mineral materials, and geothermal leasing laws.
(B) Parcel b.--The approximately 6,498 acres of
land generally depicted as ``Parcel B'' on the map
entitled ``Organ Mountains Area'' and dated September
21, 2016, is withdrawn in accordance with subparagraph
(A), except that the land is not withdrawn for purposes
of the issuance of oil and gas pipeline rights-of-way.
(C) Parcel c.--The approximately 1,297 acres of
land generally depicted as ``Parcel C'' on the map
entitled ``Organ Mountains Area'' and dated September
21, 2016, is withdrawn in accordance with subparagraph
(A), except that the land is not withdrawn from
disposal under the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (43
U.S.C. 869 et seq.).
(D) Parcel d.--
(i) In general.--The Secretary of the Army
shall allow for the conduct of certain
recreational activities on the approximately
2,035 acres of land generally depicted as
``Parcel D'' on the map entitled ``Organ
Mountains Area'' and dated September 21, 2016
(referred to in this subparagraph as the
``parcel''), which is a portion of the public
land withdrawn and reserved for military
purposes by Public Land Order 833 dated May 21,
1952 (17 Fed. Reg. 4822).
(ii) Outdoor recreation plan.--
(I) In general.--The Secretary of
the Army shall develop a plan for
public outdoor recreation on the parcel
that is consistent with the primary
military mission of the parcel.
(II) Requirement.--In developing
the plan under subclause (I), the
Secretary of the Army shall ensure, to
the maximum extent practicable, that
outdoor recreation activities may be
conducted on the parcel, including:
hunting, hiking, wildlife viewing, and
camping.
(iii) Closures.--The Secretary of the Army
may close the parcel or any portion of the
parcel to the public as the Secretary of the
Army determines to be necessary to protect--
(I) public safety; or
(II) the safety of the military
members training on the parcel.
(iv) Transfer of administrative
jurisdiction; withdrawal.--
(I) In general.--On a determination
by the Secretary of the Army that
military training capabilities,
personnel safety, and installation
security would not be hindered as a
result of the transfer to the Secretary
of administrative jurisdiction over the
parcel, the Secretary of the Army shall
transfer to the Secretary
administrative jurisdiction over the
parcel.
(II) Withdrawal.--On transfer of
the parcel under subclause (I), the
parcel shall be--
(aa) under the jurisdiction
of the Director of the Bureau
of Land Management; and
(bb) withdrawn from--
(AA) entry,
appropriation, or
disposal under the
public land laws;
(BB) location,
entry, and patent under
the mining laws; and
(CC) operation of
the mineral leasing,
mineral materials, and
geothermal leasing
laws.
(III) Reservation.--On transfer
under subclause (I), the parcel shall
be reserved for management of the
resources of, and military training
conducted on, the parcel in accordance
with a memorandum of understanding
entered into under clause (v).
(v) Memorandum of understanding relating to
military training.--
(I) In general.--If, after the
transfer of the parcel under clause
(iv)(I), the Secretary of the Army
requests that the Secretary enter into
a memorandum of understanding, the
Secretary shall enter into a memorandum
of understanding with the Secretary of
the Army providing for the conduct of
military training on the parcel.
(II) Requirements.--The memorandum
of understanding entered into under
subclause (I) shall--
(aa) address the location,
frequency, and type of training
activities to be conducted on
the parcel;
(bb) provide to the
Secretary of the Army access to
the parcel for the conduct of
military training;
(cc) authorize the
Secretary or the Secretary of
the Army to close the parcel or
a portion of the parcel to the
public as the Secretary or the
Secretary of the Army
determines to be necessary to
protect--
(AA) public safety;
or
(BB) the safety of
the military members
training; and
(dd) to the maximum extent
practicable, provide for the
protection of natural,
historic, and cultural
resources in the area of the
parcel.
(vi) Military overflights.--Nothing in this
subparagraph restricts or precludes--
(I) low-level overflights of
military aircraft over the parcel,
including military overflights that can
be seen or heard within the parcel;
(II) the designation of new units
of special airspace over the parcel; or
(III) the use or establishment of
military flight training routes over
the parcel.
(12) Potential wilderness area.--
(A) Robledo mountains potential wilderness area.--
(i) In general.--Certain land administered
by the Bureau of Land Management, comprising
approximately 100 acres as generally depicted
as ``Potential Wilderness'' on the map entitled
``Desert Peaks Complex'' and dated April 13,
2016, is designated as a potential wilderness
area.
(ii) Uses.--The Secretary shall permit only
such uses on the land described in clause (i)
that were permitted on the date of enactment of
this Act.
(iii) Designation as wilderness.--
(I) In general.--On the date on
which the Secretary publishes in the
Federal Register the notice described
in subclause (II), the potential
wilderness area designated under clause
(i) shall be--
(aa) designated as
wilderness and as a component
of the National Wilderness
Preservation System; and
(bb) incorporated into the
Robledo Mountains Wilderness
designated by paragraph (1)(F).
(II) Notice.--The notice referred
to in subclause (I) is notice that--
(aa) the communications
site within the potential
wilderness area designated
under clause (i) is no longer
used;
(bb) the associated right-
of-way is relinquished or not
renewed; and
(cc) the conditions in the
potential wilderness area
designated by clause (i) are
compatible with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(13) Release of wilderness study areas.--Congress finds
that, for purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the public land
in Dona Ana County administered by the Bureau of Land
Management not designated as wilderness by paragraph (1)--
(A) has been adequately studied for wilderness
designation;
(B) 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
(C) shall be managed in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) title I; and
(iii) any other applicable laws.
(c) Border Security.--
(1) In general.--Nothing in this section--
(A) prevents the Secretary of Homeland Security
from undertaking law enforcement and border security
activities, in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), within the
wilderness areas, including the ability to use
motorized access within a wilderness area while in
pursuit of a suspect;
(B) affects the 2006 Memorandum of Understanding
among the Department of Homeland Security, the
Department of the Interior, and the Department of
Agriculture regarding cooperative national security and
counterterrorism efforts on Federal land along the
borders of the United States; or
(C) prevents the Secretary of Homeland Security
from conducting any low-level overflights over the
wilderness areas that may be necessary for law
enforcement and border security purposes.
(2) Withdrawal and administration of certain area.--
(A) Withdrawal.--The area identified as ``Parcel
A'' on the map entitled ``Potrillo Mountains Complex''
and dated April 18, 2016, is withdrawn in accordance
with subsection (b)(11)(A).
(B) Administration.--Except as provided in
subparagraphs (C) and (D), the Secretary shall
administer the area described in subparagraph (A) in a
manner that, to the maximum extent practicable,
protects the wilderness character of the area.
(C) Use of motor vehicles.--The use of motor
vehicles, motorized equipment, and mechanical transport
shall be prohibited in the area described in
subparagraph (A) except as necessary for--
(i) the administration of the area
(including the conduct of law enforcement and
border security activities in the area); or
(ii) grazing uses by authorized permittees.
(D) Effect of subsection.--Nothing in this
paragraph precludes the Secretary from allowing within
the area described in subparagraph (A) the installation
and maintenance of communication or surveillance
infrastructure necessary for law enforcement or border
security activities.
(3) Restricted route.--The route excluded from the Potrillo
Mountains Wilderness identified as ``Restricted--Administrative
Access'' on the map entitled ``Potrillo Mountains Complex'' and
dated April 18, 2016, shall be--
(A) closed to public access; but
(B) available for administrative and law
enforcement uses, including border security activities.
(d) Organ Mountains-Desert Peaks National Monument.--
(1) Management plan.--In preparing and implementing the
management plan for the Monument, the Secretary shall include a
watershed health assessment to identify opportunities for
watershed restoration.
(2) Incorporation of acquired state trust land and
interests in state trust land.--
(A) In general.--Any land or interest in land that
is within the State trust land described in
subparagraph (B) that is acquired by the United States
shall--
(i) become part of the Monument; and
(ii) be managed in accordance with--
(I) Presidential Proclamation 9131
(79 Fed. Reg. 30431); and
(II) any other applicable laws.
(B) Description of state trust land.--The State
trust land referred to in subparagraph (A) is the State
trust land in T. 22 S., R. 01 W., New Mexico Principal
Meridian and T. 22 S., R. 02 W., New Mexico Principal
Meridian.
(3) Land exchanges.--
(A) In general.--Subject to subparagraphs (C)
through (F), the Secretary shall attempt to enter into
an agreement to initiate an exchange under section
2201.1 of title 43, Code of Federal Regulations (or
successor regulations), with the Commissioner of Public
Lands of New Mexico, by the date that is 18 months
after the date of enactment of this Act, to provide for
a conveyance to the State of all right, title, and
interest of the United States in and to Bureau of Land
Management land in the State identified under
subparagraph (B) in exchange for the conveyance by the
State to the Secretary of all right, title, and
interest of the State in and to parcels of State trust
land within the boundary of the Monument identified
under that subparagraph or described in paragraph
(2)(B).
(B) Identification of land for exchange.--The
Secretary and the Commissioner of Public Lands of New
Mexico shall jointly identify the Bureau of Land
Management land and State trust land eligible for
exchange under this paragraph, the exact acreage and
legal description of which shall be determined by
surveys approved by the Secretary and the New Mexico
State Land Office.
(C) Applicable law.--A land exchange under
subparagraph (A) shall be carried out in accordance
with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(D) Conditions.--A land exchange under subparagraph
(A) shall be subject to--
(i) valid existing rights; and
(ii) such terms as the Secretary and the
State shall establish.
(E) Valuation, appraisals, and equalization.--
(i) In general.--The value of the Bureau of
Land Management land and the State trust land
to be conveyed in a land exchange under this
paragraph--
(I) shall be equal, as determined
by appraisals conducted in accordance
with clause (ii); or
(II) if not equal, shall be
equalized in accordance with clause
(iii).
(ii) Appraisals.--
(I) In general.--The Bureau of Land
Management land and State trust land to
be exchanged under this paragraph shall
be appraised by an independent,
qualified appraiser that is agreed to
by the Secretary and the State.
(II) Requirements.--An appraisal
under subclause (I) shall be conducted
in accordance with--
(aa) the Uniform Appraisal
Standards for Federal Land
Acquisitions; and
(bb) the Uniform Standards
of Professional Appraisal
Practice.
(iii) Equalization.--
(I) In general.--If the value of
the Bureau of Land Management land and
the State trust land to be conveyed in
a land exchange under this paragraph is
not equal, the value may be equalized
by--
(aa) making a cash
equalization payment to the
Secretary or to the State, as
appropriate, in accordance with
section 206(b) of the Federal
Land Policy and Management Act
of 1976 (43 U.S.C. 1716(b)); or
(bb) reducing the acreage
of the Bureau of Land
Management land or State trust
land to be exchanged, as
appropriate.
(II) Cash equalization payments.--
Any cash equalization payments received
by the Secretary under subclause
(I)(aa) shall be--
(aa) deposited in the
Federal Land Disposal Account
established by section 206(a)
of the Federal Land Transaction
Facilitation Act (43 U.S.C.
2305(a)); and
(bb) used in accordance
with that Act.
(F) Limitation.--No exchange of land shall be
conducted under this paragraph unless mutually agreed
to by the Secretary and the State.
SEC. 302. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS AREAS.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Monument Proposed Wilderness Areas''
and dated July 28, 2015.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Designation of Cerro Del Yuta and Rio San Antonio Wilderness
Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the Rio Grande del
Norte National Monument are designated as wilderness and as
components of the National Wilderness Preservation System:
(A) Cerro del yuta wilderness.--Certain land
administered by the Bureau of Land Management in Taos
County, New Mexico, comprising approximately 13,420
acres as generally depicted on the map, which shall be
known as the ``Cerro del Yuta Wilderness''.
(B) Rio san antonio wilderness.--Certain land
administered by the Bureau of Land Management in Rio
Arriba County, New Mexico, comprising approximately
8,120 acres, as generally depicted on the map, which
shall be known as the ``Rio San Antonio Wilderness''.
(2) Management of wilderness areas.--Subject to valid
existing rights, the wilderness areas shall be administered in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and
this section, except that with respect to the wilderness areas
designated by this section--
(A) any reference to the effective date of the
Wilderness Act shall be considered to be a reference to
the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary.
(3) Incorporation of acquired land and interests in land.--
Any land or interest in land within the boundary of the
wilderness areas that is acquired by the United States shall--
(A) become part of the wilderness area in which the
land is located; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.);
(ii) this section; and
(iii) any other applicable laws.
(4) Grazing.--Grazing of livestock in the wilderness areas,
where established before the date of enactment of this Act,
shall be administered 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
to accompany H.R. 2570 of the 101st Congress (H. Rept.
101-405).
(5) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around the
wilderness areas.
(B) Activities outside wilderness areas.--The fact
that an activity or use on land outside a wilderness
area can be seen or heard within the wilderness area
shall not preclude the activity or use outside the
boundary of the wilderness area.
(6) Release of wilderness study areas.--Congress finds
that, for purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the public land
within the San Antonio Wilderness Study Area not designated as
wilderness by this subsection--
(A) has been adequately studied for wilderness
designation;
(B) 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
(C) shall be managed in accordance with title I.
(7) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
the map and legal descriptions of the wilderness areas
with--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(B) Force of law.--The map and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct errors in the legal description
and map.
(C) Public availability.--The map and legal
descriptions filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(8) National landscape conservation system.--The wilderness
areas shall be administered as components of the National
Landscape Conservation System.
(9) Fish and wildlife.--Nothing in this section affects the
jurisdiction of the State of New Mexico with respect to fish
and wildlife located on public land in the State.
(10) Withdrawals.--Subject to valid existing rights, any
Federal land within the wilderness areas designated by
paragraph (1), including any land or interest in land that is
acquired by the United States after the date of enactment of
this Act, is withdrawn from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(11) Treaty rights.--Nothing in this section enlarges,
diminishes, or otherwise modifies any treaty rights.
TITLE IV--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA
SEC. 401. FINDINGS.
Congress finds that--
(1) public land administered by the Bureau of Land
Management in the County contains unique and spectacular
natural, cultural, and historical resources, including--
(A) priceless habitat for numerous species of
plants and wildlife;
(B) thousands of acres of land that remain in a
natural state; and
(C) numerous sites containing significant cultural
and historical artifacts; and
(2) continued preservation of the public land 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. 402. DEFINITIONS.
In this title:
(1) County.--The term ``County'' means Clark County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Gold
Butte National Conservation Area'' and dated May 23, 2013.
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 403(a).
SEC. 403. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following public land administered by the Bureau of
Land Management in the County is designated as wilderness and as
components of the National Wilderness Preservation System:
(1) Virgin peak wilderness.--Certain public land managed by
the Bureau of Land Management, comprising approximately 18,296
acres, as generally depicted on the Map, which shall be known
as the ``Virgin Peak Wilderness''.
(2) Black ridge wilderness.--Certain public land managed by
the Bureau of Land Management, comprising approximately 18,192
acres, as generally depicted on the Map, which shall be known
as the ``Black Ridge Wilderness''.
(3) Bitter ridge north wilderness.--Certain public land
managed by the Bureau of Land Management comprising
approximately 15,114 acres, as generally depicted on the Map,
which shall be known as the ``Bitter Ridge North Wilderness''.
(4) Bitter ridge south wilderness.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 12,646 acres, as generally depicted on the Map,
which shall be known as the ``Bitter Ridge Wilderness''.
(5) Billy goat peak wilderness.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 30,460 acres, as generally depicted on the Map,
which shall be known as the ``Billy Goat Peak Wilderness''.
(6) Million hills wilderness.--Certain public land managed
by the Bureau of Land Management, comprising approximately
24,818 acres, as generally depicted on the Map, which shall be
known as the ``Million Hills Wilderness''.
(7) Lime canyon wilderness additions.--Certain public land
managed by the Bureau of Land Management, comprising
approximately 10,069 acres, as generally depicted on the Map,
which is incorporated in, and shall be managed as part of, the
``Lime Canyon Wilderness'' designated by section 202(a)(9) of
the Clark County Conservation of Public Land and Natural
Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107-
282).
(b) National Landscape Conservation System.--The wilderness areas
shall be administered as components of the National Landscape
Conservation System.
(c) Road Offset.--The boundary of any portion of a wilderness area
that is bordered by a road shall be at least 100 feet away from the
centerline of the road so as not to interfere with public access.
(d) 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 with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--Each map and legal description 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.--Each map and legal description under
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 404. 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 of that
Act 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) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundaries 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
within which the acquired land or interest is located.
(c) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as a wilderness area--
(i) is within the Mojave Desert;
(ii) is arid in nature; and
(iii) includes ephemeral streams;
(B) the hydrology of the land designated as a
wilderness area is locally characterized by complex
flow patterns and alluvial fans with impermanent
channels;
(C) the subsurface hydrogeology of the region
within which the land designated as a wilderness area
is located is characterized by ground water subject to
local and regional flow gradients and artesian
aquifers;
(D) the land designated as a wilderness area is
generally not suitable for use or development of new
water resource facilities;
(E) there are no actual or proposed water resource
facilities and no opportunities for diversion, storage,
or other uses of water occurring outside the land
designated as a wilderness area that would adversely
affect the wilderness or other values of the land; and
(F) because of the unique nature and hydrology of
the desert land designated as a wilderness area and the
existence of the Clark County Multi-Species Habitat
Conservation Plan, it is possible to provide for proper
management and protection of the wilderness, perennial
springs, and other values of the land in ways different
than the methods used in other laws.
(2) Statutory construction.--
(A) No reservation.--Nothing in this title
constitutes an express or implied reservation by the
United States of any water or water rights with respect
to the land designated as a wilderness area.
(B) State rights.--Nothing in this title affects
any water rights in the State existing on the date of
enactment of this Act, including any water rights held
by the United States.
(C) No precedent.--Nothing in this subsection
establishes a precedent with regard to any future
wilderness designations.
(D) No effect on compacts.--Nothing in this title
limits, alters, modifies, or amends any of the
interstate compacts or equitable apportionment decrees
that apportion water among and between the State and
other States.
(E) Clark county multi-species habitat conservation
plan.--Nothing in this title limits, alters, modifies,
or amends the Clark County Multi-Species Habitat
Conservation Plan with respect to the land designated
as a wilderness area, including specific management
actions for the conservation of perennial springs.
(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 land
designated as a wilderness area.
(4) New projects.--
(A) Definition.--
(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,
and 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) No licenses or permits.--Except as otherwise
provided in this title, on and after the date of
enactment of this Act, neither the President nor any
other officer, employee, or agent of the United States
shall fund, assist, authorize, or issue a license or
permit for the development of any new water resource
facility within the land designated as a wilderness
area.
(d) Withdrawal.--Subject to valid existing rights, any Federal land
within the wilderness areas, including any land or interest in land
that is acquired by the United States within the Gold Butte National
Monument after the date of enactment of this Act, is withdrawn from--
(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 leasing, mineral materials,
and geothermal leasing laws.
SEC. 405. ADJACENT MANAGEMENT.
(a) No Buffer Zones.--Congress does not intend for the designation
of land as wilderness areas to lead to the creation of protective
perimeters or buffer zones around the wilderness areas.
(b) 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.
SEC. 406. MILITARY, LAW ENFORCEMENT, AND EMERGENCY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military, law enforcement, or
emergency medical services aircraft over the area designated as
wilderness by this title, including military, law enforcement,
or emergency medical services overflights that can be seen or
heard within the wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military, law enforcement, or
emergency medical services flight training routes, over the
wilderness area.
SEC. 407. 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 Bureau of Land Management land in any portion of the wilderness
study areas located within the Gold Butte National Monument not
designated as a wilderness area has been adequately studied for
wilderness designation.
(b) Release.--Any Bureau of Land Management land described in
subsection (a) that is not designated as a wilderness area--
(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) the land management plans adopted under section
202 of that Act (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--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(B) title I.
SEC. 408. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title diminishes--
(1) the rights of any Indian Tribe; or
(2) Tribal rights regarding access to Federal land for
Tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
SEC. 409. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting, fishing, and
trapping, in the wilderness areas.
(b) Management Activities.--
(1) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
management activities to maintain or restore fish and wildlife
populations and the habitats to support the populations may be
carried out within the wilderness areas, if the activities--
(A) are consistent with relevant wilderness
management plans; and
(B) are carried out in accordance with appropriate
policies, such as those set forth in Appendix B of
House Report 101-405.
(2) Use of motorized vehicles.--The management activities
under paragraph (1) may include the occasional and temporary
use of motorized vehicles, if the use, as determined by the
Secretary, would--
(A) promote healthy, viable, and more naturally
distributed wildlife populations that would enhance
wilderness values; and
(B) accomplish the purposes described in
subparagraph (A) 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)(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, including bighorn sheep, and feral stock,
horses, and burros.
(d) Wildlife Water Development Projects.--Subject to subsection
(f), the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects, including guzzlers, in the wilderness areas 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, 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.
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency before
promulgating regulations under paragraph (1).
(f) Cooperative Agreement.--The State, including a designee of the
State, may conduct wildlife management activities in the wilderness
areas--
(1) 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
(2) subject to all applicable laws (including regulations).
SEC. 410. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.
(a) In General.--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 each wilderness area as 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).
(b) Effect.--Nothing in this title precludes a Federal, State, or
local agency from conducting wildfire management operations (including
operations using aircraft or mechanized equipment) in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
SEC. 411. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may require,
nothing in this title precludes the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices in the
wilderness areas if the facilities and access to the facilities are
essential to flood warning, flood control, and water reservoir
operation activities.
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