Title II — Gold Butte National Conservation Area

H.R. 2276 · 113th Congress · Jun 6, 2013 · Lineage

II Gold Butte National Conservation Area

Sec. 201 Establishment of Gold Butte National Conservation Area

(a)

Establishment— There is established the Gold Butte National Conservation Area in the State.

(b)

Area included— The Conservation Area shall consist of approximately 348,515 acres of public land administered by the Bureau of Land Management in the County, as generally depicted on the Map.

(c)

Map and legal description—

(1)

In general— As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of the Conservation 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— The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description.

(3)

Public availability— A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service.

Sec. 202 Management of Conservation Area

(a)

Purposes— In accordance with this title, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws, the Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Conservation Area.

(b)

Management plan—

(1)

Plan required— Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Conservation Area.

(2)

Consultation— The Secretary shall prepare the management plan in consultation with the State, local and tribal government entities, the Advisory Council, and the public.

(3)

Requirements— The management plan shall—

(A)

describe the appropriate uses and management of the Conservation Area; and

(B)

include a recommendation on interpretive and educational materials regarding the cultural and biological resources of the region within which the Conservation Area is located.

(4)

Incorporation of route designations— The management plan shall incorporate the decisions in the Route Designations for Selected Areas of Critical Environmental Concern Located in the Northeast Portion of the Las Vegas BLM District Environmental Assessment, NV–052–2006–0433.

(c)

Uses— The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purpose of the Conservation Area described in subsection (a).

(d)

Incorporation of acquired land and interests— Any land or interests in land located within the boundary of the Conservation Area that is acquired by the United States after the date of the enactment of this Act shall become part of the Conservation Area and be managed as provided in subsection (a).

(e)

National landscape conservation system— The Conservation Area shall be administered as a component of the National Landscape Conservation System.

(f)

Hunting, fishing, and trapping— Nothing in this title affects the jurisdiction of the State with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.

Sec. 203 General provisions

(a)

No buffer zones—

(1)

In general— The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area.

(2)

Private land— If the use of, or conduct of an activity on, private land that shares a boundary with the Conservation Area is consistent with applicable law, nothing in this title concerning the establishment of the Conservation Area prohibits or limits the use or conduct of the activity.

(b)

Withdrawals— Subject to valid existing rights, all public land within the Conservation Area, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of the 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.

(c)

Special management areas—

(1)

In general— The establishment of the Conservation Area shall not affect the management status of any area within the boundary of the Conservation Area that is protected under the Clark County Multi-Species Habitat Conservation Plan.

(2)

Conflict of laws— If there is a conflict between the laws applicable to an area described in paragraph (1) and this title, the more restrictive provision shall control.

Sec. 204 Virgin Valley water district

Notwithstanding any other provisions of law, the Secretary shall manage the area to allow continued and reasonable use and access by the Virgin Valley Water District, including use of motorized vehicles and equipment, within its rights-of-way, to access, monitor, maintain, and operate water diversions, facilities, and improvements facilitating lawful beneficial use of its existing and future water rights appropriated under applicable State law.

Sec. 205 Gold Butte National Conservation Area Advisory Council

(a)

Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the Gold Butte National Conservation Area Advisory Council.

(b)

Duties— The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan.

(c)

Applicable law— The Advisory Council shall be subject to—

(1)

the Federal Advisory Committee Act (5 U.S.C. App.); and

(2)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(d)

Members—

(1)

In general— The Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable—

(A)

4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council;

(B)

1 member shall be appointed after considering the recommendations of the Bunkerville, Nevada, Town Advisory Board;

(C)

1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board;

(D)

1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board;

(E)

1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and

(F)

5 at-large members from the County shall be appointed after considering the recommendations of the County Commission.

(2)

Special appointment considerations— The at-large members appointed under paragraph (1)(F) shall have backgrounds that reflect—

(A)

the purposes for which the Conservation Area was established; and

(B)

the interests of persons affected by the planning and management of the Conservation Area.

(3)

Representation— The Secretary shall ensure that the membership of the Advisory Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Council.

(4)

Initial appointment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall appoint the initial members of the Advisory Council in accordance with paragraph (1).

(e)

Duties of the advisory council— The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan, including budgetary matters relating to the Conservation Area.

(f)

Compensation— Members of the Advisory Council shall receive no compensation for serving on the Advisory Council.

(g)

Chairperson—

(1)

In general— The Advisory Council shall elect a Chairperson from among the members of the Advisory Council.

(2)

Term— The term of the Chairperson shall be 3 years.

(h)

Term of members—

(1)

In general— The term of a member of the Advisory Council shall be 3 years.

(2)

Successors— Notwithstanding the expiration of a 3-year term of a member of the Advisory Council, a member may continue to serve on the Advisory Council until a successor is appointed.

(i)

Vacancies—

(1)

In general— A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made.

(2)

Appointment for remainder of term— A member appointed to fill a vacancy on the Advisory Council shall serve for the remainder of the term for which the predecessor was appointed.

(j)

Termination— The Advisory Council shall terminate not later than 3 years after the date on which the final version of the management plan is published.