H.R. 5205 — what changed
Northern Nevada Land Conservation and Economic Development Act
From Introduced in House to Reported in House. 11 sections amended between Introduced in House and Reported in House.
Sec. 104 Administration
Management— Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in 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
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Livestock— The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, is compatible with the Wilderness designation and shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
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).
Adjacent management—
In general— Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.
Nonwilderness activities— The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate or determine the conduct or management of the activities or uses outside the boundary of the Wilderness.
Military overflights— Nothing in this Act restricts or precludes—
low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness.
Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).
Wildfire management operations— Nothing in this Act shall be construed to preclude a Federal, State, or local agency from conducting wildfire management or prevention operations (including operations using aircraft or mechanized equipment) or to interfere with the authority of the Secretary to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires or the use of mechanized equipment for wildfire pre-suppression and suppression.
Water rights—
changed
Purpose— The purpose of this section subsection is to protect the wilderness recreation value of the land designated as wilderness by this title by means other than a federally reserved water right.
Statutory construction— Nothing in this title—
changed
constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness;
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;
establishes a precedent with regard to any future wilderness designations;
affects the interpretation of, or any designation made under, any other Act; or
limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
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.
New projects—
Definition of water resource facility—
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.
Exclusion— In this paragraph, the term water resource facility does not include wildlife guzzlers.
changed
Restriction on new water resource facilities— Except as otherwise provided in this title, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, the Wilderness, any portion of which is located in the County.
Sec. 105 Release of wilderness study areas
changed
In general— The Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 104(a) 103(a) have been adequately studied for wilderness character and wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) and are no longer subject to any requirement pertaining to the management of wilderness or wilderness study areas, including the approximately 990 acres in the following locations:
Lower Adler Creek Basin.
Little Onion Basin.
Lands east of Knott Creek reservoir.
Portions of Corral Meadow and the Blue Lakes trailhead.
Release— Any public land described in subsection (a) that is not designated as wilderness by this Act—
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
Secretarial Order 3310 issued on December 22, 2010;
shall be managed in accordance with—
changed
land management plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), with strict adherence to the provisos of subsection (b)(1) in this section; 1712); and
cooperative conservation agreements in existence on the date of enactment of this Act; and
shall be subject to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 108 Native American cultural and religious uses
changed
Nothing in this Act title alters or diminishes the treaty rights of any Indian tribe (as defined in section 204 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
Sec. 203 Addition to National Wilderness Preservation System
Definitions— In this section:
County— The term County means Lyon County, Nevada.
Map— The term map means the map entitled “Wovoka Wilderness Area” and dated December 18, 2012.
Secretary— The term Secretary means the Secretary of Agriculture.
State— The term State means the State of Nevada.
Wilderness— The term Wilderness means the approximately 47,449 acres to be known as the Wovoka Wilderness designated by subsection (b)(1).
changed
Additions Addition to national wilderness preservation system—
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the “Wovoka Wilderness”.
Boundary— The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road.
Map and legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness.
Effect— The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the map or legal description.
Availability— Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Withdrawal— Subject to valid existing rights, the Wilderness is withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Administration—
Management— Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act.
Livestock— The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary, in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
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).
Adjacent management—
In general— Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.
Nonwilderness activities— The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate, or determine the conduct of the activities or uses outside the boundary of the Wilderness.
Overflights— Nothing in this section restricts or precludes—
low-level overflights of aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness.
Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures in the Wilderness that the Secretary determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency.
Water rights—
Purpose— The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right.
Statutory construction— Nothing in this paragraph—
constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness;
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;
establishes a precedent with regard to any future wilderness designations;
affects the interpretation of, or any designation made under, any other Act; or
limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
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.
New projects—
Definition of water resource facility—
In general— In this subparagraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.
Exclusion— In this subparagraph, the term water resource facility does not include wildlife guzzlers.
Restriction on new water resource facilities—
changed
In general— Except as otherwise provided in this section, on or after the date of enactment of this Act, no neither the President nor any officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the Wilderness, any portion of which is located in the County.
Exception— If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2).
Wildlife management—
In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness.
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out—
consistent with relevant wilderness management plans; and
in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.); and
appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles and aircraft, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks, including but not limited to, the hunting or culling of wildlife and access for persons with disabilities.
Existing activities— Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness.
Emergency Closures— Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes as authorized by law. Such an emergency closure shall terminate after a reasonable period of time, unless converted to a permanent closure consistent with Federal statute.
Memorandum of understanding— The State, including a designee of the State, may conduct wildlife management activities in the Wilderness—
in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled “Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada” and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and
subject to all applicable laws (including regulations).
Wildlife water development projects— Subject to subsection (c), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness if—
the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and
the visual impacts of the structures and facilities on the Wilderness can reasonably be minimized.
Sec. 204 Withdrawal
changed
Definition of withdrawal area— In this section, the term Withdrawal Area means the land administered by the Forest Service and identified as “Withdrawal Area” on the map described in section 203(b)(2).203(a)(2).
Withdrawal— Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral laws, geothermal leasing laws, and mineral materials laws.
Motorized and mechanical vehicles—
changed
In general— Subject to paragraphs (2) and (3), paragraph (2), use of motorized and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those vehicles, unless the use of those vehicles is needed—
for administrative purposes; or
to respond to an emergency.
Exception— Paragraph (1) does not apply to aircraft (including helicopters).
Sec. 205 Native American cultural and religious uses
changed
Nothing in this title alters or diminishes the treaty rights of any Indian tribe.tribe (as defined in section 204 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
Sec. 401 Definitions
In this title:
City— The term City means the City of Fernley, Nevada.
changed
Federal land— The term Federal land means the land located in the City of Fernley, Nevada, that is identified by the Secretary and the City for conveyance under this title as depicted “Proposed Sale Parcels” on the map.
Map— The term map means the map entitled “Proposed Fernley, Nevada, Land Sales” and dated January 25, 2013.
Sec. 503 Conveyance of Federal land in Storey County, Nevada
changed
Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date of the enactment of this Act, Act and if requested by the County, the Secretary shall convey to the County, by quitclaim deed, all surface rights of the United States in and to the Federal land, including any improvements thereon. All costs associated with the conveyance under this section shall be the responsibility of the Bureau of Land Management.
Sec. 611 Definitions
In this subtitle:
removed
City— The term city means the city of Elko, Nevada.
renumbered
was (4)
County— The term county means the county of Elko, Nevada.
renumbered
was (5)
Map— The term map means the map entitled “Elko Motocross Park” and dated April 19, 2013.
Sec. 612 Conveyance of land to Elko County
changed
In general— As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, if requested by the county the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b).
Description of land— The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as “Elko Motocross Park”.
Map and legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section.
Minor errors— The Secretary may correct any minor error in the map or the legal description.
Availability— The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
changed
Use of conveyed land— The land conveyed under this section subtitle shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
Administrative costs— The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b).
Sec. 621 Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)
In general— Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)—
changed
shall be held in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (referred to in this subtitle as the “Tribe”); and
shall be part of the reservation of the Tribe.
Description of land— The land referred to in subsection (a) is the approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as “Expansion Area”.
changed
Map— The term map means the map entitled “Te-moak Tribal Land Expansion”, dated April 19, 2013, and 2013. This map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Survey— Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).
Use of trust land—
Gaming— Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
General uses—
In general— The Tribe shall use the land taken into trust under subsection (a) only for—
traditional and customary uses;
stewardship conservation for the benefit of the Tribe; or
residential or recreational development.
Other uses— If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal.
Thinning; landscape restoration— With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management.