Sec. 101 Short title
This title may be cited as the “Fallon Range Training Complex Land Withdrawal Act of 2020”.
Division A — Fallon Range Training Complex Land Withdrawal and Related Matters
A Fallon Range Training Complex Land Withdrawal and Related Matters
I Fallon Range Training Complex, Nevada
Sec. 102 Definitions
Sec. 103 Withdrawal and reservation for Fallon Range Training Complex
Withdrawal—
B–16, B–17, B–19, and B–20 ranges— The lands established as the B–16, B–17, B–19, and B–20 ranges at the Fallon Range Training Complex, as depicted on the map, which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the mineral leasing and geothermal leasing laws.
Dixie Valley Special Management Area— The lands established at the Dixie Valley Special Management Area at the Fallon Range Training Complex, as depicted on the map, which may become subject to the operation of the public land laws, are hereby withdrawn from mining laws, but not all other forms of appropriation under the public land laws, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), geothermal leasing laws, or the Taylor Grazing Act.
Existing rights and conditions— The withdrawal of lands by this subsection is subject to valid existing rights and subject to the other provisions of this title.
Reservation—
B–16, B–17, B–19, and B–20 ranges— The lands withdrawn by subsection (a)(1) are reserved for use by the Secretary of the Navy for testing and training for aerial bombing, missile firing, and tactical maneuvering and air support.
Dixie Valley Special Management Area— The lands withdrawn by subsection (a)(2) are available for use by the Secretary of the Navy in a manner consistent with the needs of the Navy as detailed in the Fallon Range Training Complex Record of Decision dated March 12, 2020, and shall not require further administrative approval under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Special rules for B–16, B–17, B–19, and B–20 ranges—
Access— The Secretary of the Navy shall allow and manage access to the lands withdrawn by subsection (a)(1) for—
administrative, cultural, educational, wildlife management, and emergency management purposes; and
special events, including a minimum 15-days annually for big game hunting on the B–17 range.
Road access— The Secretary of the Navy shall ensure that all roads mapped as RS 2477 roads on the map are available for managed access.
Relinquishment— Any lands otherwise withdrawn by subsection (a)(1) but located outside of the Weapons Danger Zones determined by the Secretary of the Navy shall be relinquished to the Secretary of the Interior and managed under all applicable public land laws.
Treatment of biologically sensitive areas— The Secretary of the Navy shall ensure avoidance of target placement and training within biologically sensitive areas as mapped in Appendix D of the Final Environmental Impact Statement dated January 2020 and entitled “Environmental Impact Statement: Fallon Range Training Complex Modernization”.
Special rules for Dixie Valley Special Management Area— The operation of the Dixie Valley Special Management Area withdrawn by subsection (a)(2) shall, to the maximum extent possible, provide for the following:
Installation of permanent aircraft threat emitters and two electronic warfare training sites.
Temporary aircraft threat emitters.
Ground training and convoy training that utilizes existing roads.
Aircraft training that would include a flight floor of 50 feet above ground level, except for that area designated as a flight sanctuary area.
No restriction or curtailment on public access and recreation for the duration of the withdrawal.
Livestock grazing.
The Dixie Valley Water Project of the county.
Geothermal exploration and development west of State Route 121, as managed by the Bureau of Land Management in coordination with the Navy.
Exploration and development, as managed by the Bureau of Land Management in coordination with the Navy, of salable minerals or other fluid or leasable minerals.
Perpetual rights-of-way for all existing roads identified by the county as RS 2477 roads.
Utility rights-of-way immediately west of the existing north-south powerline along SR 121 and immediately north of U.S. Highway 50.
Secretary of the Interior duties for Dixie Valley Special Management Area— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall ensure the following actions occur regarding the lands withdrawn by subsection (a)(2):
No restriction or curtailment on public access and recreation for the duration of the withdrawal.
Grant perpetual rights-of-way to the county for all roads mapped as RS 2477.
That geothermal exploration and development allowable west of SR 121 under the required design features described by the Secretary of the Navy.
Allow the Dixie Valley Water Project and complete permitting in collaboration with the Navy. The Secretary of the Navy shall compensate the county for any project cost increases as a result of Navy required design features.
Sec. 104 Designation of a Special Land Management Overlay
Subject to valid existing rights and except as otherwise provided in this title, the lands established as the Special Land Management Overlay as depicted on the map, which will remain subject to the operation of all public land laws under jurisdiction of the Secretary of the Interior are hereby designated as a Special Land Management Overlay, as detailed in the Fallon Range Training Complex Record of Decision dated March 12, 2020.
Sec. 105 Maps, estimates, and descriptions
Minor errors and adjustments— The Secretary and the county may, by mutual agreement—
make minor boundary adjustments to the lands withdrawn by section 103(a); and
correct any minor errors in the map and in any acreage estimate or description of any land withdrawn by section 103(a).
Conflict— If there is a conflict between the map, an acreage estimate, or a description of land under this title, the map shall control unless the Secretary of the Interior and the county mutually agree otherwise.
Availability— Copies of the map shall be available for public inspection in the offices of the Nevada State Director and Carson City Field Office Manager of the Bureau of Land Management and the Office of the Commander, Naval Air Station, Fallon, Nevada.
Costs— The Secretary of the Navy shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section.
Sec. 106 Water
Effective as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that the Navy complies with the portion of the memorandum of understanding between the Department of the Navy and the United States Fish and Wildlife Service dated July 26, 1995, requiring the Navy to limit water rights to the maximum extent practicable, consistent with safety of operations, for Naval Air Station Fallon, Nevada, currently not more than 4,402 acre-feet of water per year.
Sec. 107 Shoal Site
The Secretary of Energy shall remain responsible and liable for the subsurface estate and all its activities at the “Shoal Site” withdrawn and reserved by Public Land Order Number 2771, as amended by Public Land Order Number 2834. The Secretary of the Navy shall be responsible for the management and use of the surface estate at the “Shoal Site” pursuant to the withdrawal and reservation made by section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885).
Sec. 108 Indian tribes
Nothing in this title shall be construed as altering any rights reserved for Indian tribes or members of an Indian tribe by treaty or Federal law.
Sec. 109 Integrated natural resources management plan
Preparation required— Within two years after the date of enactment of this Act, the Secretary of the Navy and the Secretary of the Interior shall jointly prepare an integrated natural resources management plan for the lands withdrawn and reserved by section 103.
Resolution of conflicts— Any disagreement concerning the contents of the resulting integrated natural resources management plan (or any subsequent amendments to the plan) shall be resolved by the Secretary of the Navy, after consultation with the Secretary of the Interior, acting through the Nevada State Director of the Bureau of Land Management and, as appropriate, the Regional Director of the United States Fish and Wildlife Service. This resolution authority may be delegated to the commander of Naval Air Station Fallon, Nevada.
Elements of plan— Except as provided in subsection (b), the integrated natural resources management plan shall be prepared and implemented in accordance with the Sikes Act (16 U.S.C. 670a et seq.) and the requirements of this section, and shall—
include provisions for proper management and protection of the natural and cultural resources, and for sustainable use by the public of such resources to the extent consistent with the military purposes for which the lands are withdrawn and reserved;
be developed in consultation with affected Indian Tribes and shall include provisions that address how the Secretary of the Navy intends to—
meet the United States trust responsibilities with respect to Indian Tribes, lands, and rights reserved by treaty or Federal law affected by the withdrawal and reservation;
allow access to and ceremonial use of Indian sacred sites to the extent consistent with the military purposes for which the lands are withdrawn and reserved; and
provide for timely consultation with affected Indian Tribes;
provide that any hunting, fishing, and trapping on the lands withdrawn and reserved by this title shall be conducted in accordance with the provisions of section 2671 of title 10, United States Code;
provide for livestock grazing and agricultural out-leasing, if appropriate, in accordance with section 2667 of title 10, United States Code, and at the discretion of the Secretary of the Navy;
identify current test and target impact areas and related buffer or safety zones;
provide that the Secretary of the Navy—
shall take necessary actions to prevent, suppress, manage, and rehabilitate brush and range fires occurring within the boundaries of the Fallon Range Training Complex and brush and range fires occurring outside the boundaries of the Fallon Range Training Complex resulting from military activities; and
notwithstanding the provisions of section 2465 of title 10, United States Code, may obligate funds appropriated or otherwise available to the Secretary of the Navy to enter into memoranda of understanding, cooperative agreements, and contracts for fire management and reimburse the Secretary of the Interior for costs incurred under this paragraph;
provide that all gates, fences, and barriers constructed after the enactment of this title shall be designed and erected to allow wildlife access, to the extent practicable and consistent with military security, safety, and sound wildlife management use;
incorporate any existing management plans pertaining to the lands withdrawn and reserved by section 103, to the extent that the Secretary of the Navy and the Secretary of the Interior, upon reviewing any such plans, mutually determine that incorporation into a plan pursuant to this section is appropriate;
include procedures to ensure that the periodic reviews of the plan required by the Sikes Act are conducted jointly by the Secretary of the Navy and the Secretary of the Interior, and that affected States and Indian tribes, and the public are provided a meaningful opportunity to comment upon any substantial revisions to the plan that may be proposed; and
provide procedures to amend the plan as necessary.
Sec. 110 Duration of withdrawal
Termination date— The withdrawal and reservation of lands made by section 103 shall terminate at the end of the 20-year period beginning on the date of the enactment of this Act.
Effect of termination— Effective on the date of termination, the previously withdrawn lands shall not be open to any forms of appropriation under the general land laws, including the mining, mineral leasing, and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order that shall state the date upon which such lands shall be restored to the public domain and opened.
Sec. 111 Road reconstruction and treatment of existing roads and rights-of-way
Road reconstruction— The Secretary of the Navy shall be responsible for the timely—
reconstruction of Lone Tree Road in the B–16 range and State Highway 361 in the B–17 range; and
the relocation of Sand Canyon/Red Mountain Roads.
Existing roads and rights-of-Way— The withdrawal and reservation made by this title shall not affect the following roads and associated rights-of-way:
U.S. Highways 50 and 95.
State Routes 121 and 839.
County Roads identified as Simpson Road, East County Road, Pole Line Road, Earthquake Fault Road, and Fairview Peak Road.
RS 2477 claims— The withdrawal and reservation made by this title shall in no way obstruct or interfere with the County’s ability to seek adjudication of RS 2477 claims for existing County Roads.
Sec. 112 Termination of current Fallon Range Training Complex withdrawal and reservation
Except as otherwise provided in this title, the land withdrawal and reservation made by section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885) shall terminate upon enactment of this Act.
II Stillwater and Grimes Point National Conservation Areas
Sec. 201 Short title
This title may be cited as the “Stillwater and Grimes Point National Conservation Areas Act”.
Sec. 202 Purpose
The purpose of this title is to establish the Stillwater National Conservation Area and the Grimes Point National Conservation Area to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Conservation Areas.
Sec. 203 Definitions
In this title:
Conservation areas— The term Conservation Areas means the Stillwater National Conservation Area and the Grimes Point National Conservation Area established by section 204(a).
Management plan— The term management plan means the management plan for the Conservation Areas developed under section 205(b).
Map— The term map means the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated March 18, 2020.
Sec. 204 Establishment
In general— For the purpose described in section 202, there is established in the State of Nevada two conservation areas, one to be known as the “Stillwater National Conservation Area” and the other to be known as the “Grimes Point National Conservation Area”.
Area included— The Conservation Areas shall consist of approximately 160,246 acres of public land in the county, as generally depicted on the map.
Map and legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a map and legal description of the Conservation Areas.
Effect— The map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.
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.
Sec. 205 Management
In general— The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Conservation Areas—
in a manner that conserves, protects, and enhances the resources of the Conservation Areas, including the management of wildfire, invasive species, and wildlife, and wildfire restoration;
in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
other applicable law, including this title; and
as a component of the National Landscape Conservation System.
Management plan—
In general— Not later than three years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary of the Interior shall develop a comprehensive plan for the long-term management of the Conservation Areas.
Consultation— In developing the management plan required by paragraph (1), the Secretary shall consult with—
appropriate Federal, State, Tribal, and local governmental entities; and
members of the public.
Requirements— The management plan shall—
describe the appropriate uses of the Conservation Areas;
authorize the appropriate use of motor vehicles in the Conservation Areas including the maintenance of existing roads; and
incorporate any provision of the applicable land and resource management plans as the Secretary considers appropriate.
Uses— The Secretary of the Interior shall allow only such uses of the Conservation Areas that the Secretary determines will further the purposes described in section 202.
Motorized vehicles— Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Areas shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan.
Withdrawal—
In general— Subject to valid existing rights, all public land in the Conservation Areas is withdrawn from—
all forms of entry and appropriation under public land laws;
location, entry, and appropriation under the public land laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Additional land— Notwithstanding any other provision of law, if the Secretary of the Interior acquires mineral or other interests in a parcel of land within the Conservation Areas after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.
Hunting, fishing, and trapping—
In general— Nothing in this title affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Areas.
Limitations—
Regulations— The Secretary of the Interior 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 Conservation Areas.
Consultation— Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the Conservation Areas to hunting, fishing, or trapping.
Grazing— In the case of lands included in the Conservation Areas on which the Secretary of the Interior permitted, as of the date of the enactment of this Act, livestock grazing, such grazing shall be allowed to continue subject to applicable laws, regulations, and Executive orders.
No buffer zones—
In general— The establishment of the Conservation Areas shall not create an express or implied protective perimeter or buffer zone around the Conservation Areas.
Private land— If the use of, or conduct of, an activity on private land that shares a boundary with the Conservation Areas is consistent with applicable law, nothing in this title concerning the establishment of the Conservation Areas shall prohibit or limit the use or conduct of the activity.
Visitor service facilities— The Secretary of the Interior may establish, in cooperation with other public or private entities as the Secretary may deem appropriate, visitor service facilities for the purpose of providing information about the historical, cultural, archaeological, ecological, recreational, geologic, scientific, and other resources of the Conservation Areas.
III Wilderness Areas
Sec. 301 Findings
Congress finds that—
public land in the county contains unique and spectacular natural resources, including—
priceless habitat for numerous species of plants and wildlife;
thousands of acres of land that remain in a natural state; and
habitat critical to the survival and recovery of the greater sage grouse;
continued preservation of those areas would benefit the county and all of the United States by—
ensuring the conservation of ecologically diverse habitat;
protecting prehistoric cultural resources;
conserving primitive recreational resources;
protecting air and water quality; and
protecting, enhancing, and restoring greater sage grouse habitat and populations; and
the Secretary should collaborate with the State of Nevada and the Churchill County Commission on wildfire and rangeland management, planning, and implementation with the goal of preventing catastrophic wildfire and resource damage.
Sec. 302 Definitions
Sec. 303 Additions to National Wilderness Preservation System
Additions— The following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:
Clan alpine mountains wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 128,371 acres, as generally depicted on the map entitled “Churchill County Land Status Map”, dated March 18, 2020, which shall be known as the “Clan Alpine Mountains Wilderness”.
Desatoya mountains wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,537 acres, as generally depicted on the map entitled “Churchill County Land Status Map”, dated March 18, 2020, which shall be known as the “Desatoya Mountains Wilderness”.
Cain mountain wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,664 acres, as generally depicted on the map entitled “Churchill County Land Status Map”, dated March 18, 2020, which, together with the Federal land designated as wilderness by section 721(a)(1) of division B, shall be known as the “Cain Mountain Wilderness”.
Boundary— The boundary of any portion of a wilderness area designated by subsection (a) that is bordered by a road shall be at least 150 feet from the edge of the road to allow public access.
Map and legal description—
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 designated by subsection (a) with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Effect— Each map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description.
Availability— Each map and legal description shall be on file and available for public inspection in (as appropriate)—
the Office of the Director of the Bureau of Land Management;
the Office of the Nevada State Director of the Bureau of Land Management;
the Carson City Field Office of the Bureau of Land Management; and
the Fallon Field Station of the Bureau of Land Management.
Withdrawal— Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Sec. 304 Administration
Management— Subject to valid existing rights, each area designated as wilderness by this title 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 the enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
Livestock— Within the wilderness areas designated under this title that are administered by the Bureau of Land Management, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in Appendix A of House Report 101–405.
Incorporation of acquired land and interests— Any land or interest in land within the boundaries of an area designated as wilderness by this title that is acquired by the United States after the date of the 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.
Water rights—
Findings— Congress finds that—
the land designated as wilderness by this title is within the Great Basin region, is semiarid in nature, and includes ephemeral and perennial streams;
the hydrology of the land designated as wilderness by this title is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels;
the subsurface hydrogeology of the region is characterized by ground water subject to local and regional flow gradients and unconfined and artesian conditions;
the land designated as wilderness by this title is generally not suitable for use or development of new water resource facilities; and
because of the unique nature and hydrology of the desert land designated as wilderness by this title, it is possible to provide for proper management and protection of the wilderness and other values of lands in ways different from those used in other legislation.
Statutory construction— Nothing in this title—
shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by this title;
shall affect any water rights in the State existing on the date of the enactment of this Act, including any water rights held by the United States;
shall be construed as establishing a precedent with regard to any future wilderness designations;
shall affect the interpretation of, or any designation made pursuant to, any other Act; or
shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.
Nevada water law— The Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by this title.
New projects—
Water resource facility— As used 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; and
does not include wildlife guzzlers.
Restriction on new water resource facilities— Except as otherwise provided in this title, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness areas designated by this title.
Sec. 305 Adjacent management
In general— Congress does not intend for the designation of wilderness in the State pursuant to this title to lead to the creation of protective perimeters or buffer zones around any such wilderness area.
Nonwilderness activities— The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
Sec. 306 Military overflights
Nothing in this title restricts or precludes—
low-level overflights of military aircraft over the areas designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas;
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 areas.
Sec. 307 Native American cultural and religious uses
Nothing in this title shall be construed to diminish the rights of any Indian tribe. Nothing in this title shall be construed to diminish Tribal rights regarding access to Federal land for Tribal activities, including spiritual, cultural, and traditional food-gathering activities.
Sec. 308 Release of wilderness study areas
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 public land in the county administered by the Bureau of Land Management in the following areas has been adequately studied for wilderness designation:
The Stillwater Range Wilderness Study Area.
The Job Peak Wilderness Study Area.
The Clan Alpine Mountains Wilderness Study Area.
That portion of the Augusta Mountains Wilderness Study Area located within the county.
That portion of the Desatoya Mountains Wilderness Study Area located within the county.
Any portion of the wilderness study areas—
not designated as wilderness by section 303(a); and
depicted as released on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated March 18, 2020.
Release— Any public land described in subsection (a) that is not designated as wilderness by this title—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
shall be managed in accordance with—
land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and
existing cooperative conservation agreements; and
shall be subject to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 309 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 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 designated by this title.
Management activities— In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations shall be carried out within wilderness areas designated by this title where consistent with relevant wilderness management plans, in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, including the occasional and temporary use of motorized vehicles, if such use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimum impact necessary to reasonably accomplish the task.
Existing activities— Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) 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. Wildlife tracking devices shall be allowed consistent with historic wildlife management practices and shall not be considered as installations.
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 designated by this title 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 areas can reasonably be minimized.
Hunting, fishing, and trapping— In consultation with the appropriate State agency (except in emergencies), 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 designated by this title.
Cooperative agreement— The terms and conditions under which the State, including a designee of the State, may conduct wildlife management activities in the wilderness areas designated by this title are specified in the cooperative agreement between the Secretary and the State, titled “Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement 9”, and signed November 29, 2012, including any amendments to that document agreed upon by the Secretary and the State and subject to all applicable laws and regulations. Any references to Clark County in that document shall also be deemed to refer to and shall apply to Churchill County, Nevada.
Sec. 310 Wildfire management
Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in the wilderness areas designated by this title.
Sec. 311 Climatological data collection
Subject to such terms and conditions as the Secretary may prescribe, nothing in this title precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the wilderness areas designated by this title if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities.
IV Interstate 11 Corridors
Sec. 401 Short title
This title may be cited as the “I–11 Transportation and Utility Corridors Act”.
Sec. 402 Purpose
The purpose of this title is to maintain for future development corridors for transportation and utilities in Churchill County, Nevada.
Sec. 403 Critical transportation corridors
Management of interstate 11 corridors— The Secretary of the Interior shall manage the land located along the corridors depicted as the “County Preferred I–11 Corridor” and “NDOT I–11 Corridor” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated March 18, 2020, in accordance with this section.
Management of red mountain road corridors— The Secretary of the Interior shall manage land located along the corridors depicted as “County Preferred Red Mountain Road Realignment” and “County Alternate Red Mountain Road Realignment” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated March 18, 2020, in accordance with this section.
Management of the pole line road corridor— The Secretary of the Interior shall manage land located along the corridors depicted as “Pole Line Road” on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated March 18, 2020, in accordance with this section.
Public availability— A copy of the map referred to in this section shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Withdrawal of land— Subject to valid existing rights, the corridors described in this section are withdrawn from location and entry under the mining laws, and from operation under the mineral leasing and geothermal leasing laws, until such time as—
the Secretary of the Interior terminates the withdrawal; or
the corridors or land, respectively, is patented.
Transportation and utility corridors— Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall, in consultation with Churchill County and the State of Nevada, in accordance with this section and other applicable laws, establish—
2,640-foot-wide rights-of-way for the placement, on a nonexclusive basis, of utilities and transportation for Interstate 11;
a 1,000-foot-wide right-of-way for the placement, on a nonexclusive basis, of utilities and transportation for Red Mountain Road; and
a 1,000-foot-wide right-of-way for the placement, on a nonexclusive basis, of transportation for Pole Line Road.
V Municipal Conveyances
Sec. 501 Short title
This title may be cited as the “Municipal Conveyances within Churchill County Act”.
Sec. 502 Purpose
The purpose of this title is to provide land suitable for economic development to Churchill County, Nevada, to compensate for the loss of taxable lands related to the military land withdrawal made by title I, and to provide land suitable for public purposes to Churchill County, Nevada, and the City of Fallon, Nevada.
Sec. 503 Definitions
Sec. 504 Land conveyances to county
Public purposes conveyance—
Conveyance required— Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary of the Interior shall convey, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the approximately 7,160 acres of land labeled “Public Purpose Conveyances” on the map.
Reversion— If the parcel of land conveyed to the county under this subsection ceases to be used consistent with the Recreation and Public Purposes Act (43 U.S.C. 869 et seq.), the parcel of land shall, at the discretion of the Secretary of the Interior, revert to the United States.
Mitigation conveyance— Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary of the Interior shall convey, within 60 days after the date of the enactment of this Act and subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the approximately 11,452 acres of land labeled “FRTC Modernization Mitigation Conveyances to Churchill County” on the map.
Sec. 505 Land conveyance to city
In general— Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary of the Interior shall convey, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the city the approximately 215 acres of land labeled “Public Purpose Conveyances to City of Fallon” on the map.
Reversion— If the parcel of land conveyed to the city under subsection (a) ceases to be used consistent with the Recreation and Public Purposes Act (43 U.S.C. 869 et seq.), the parcel of land shall, at the discretion of the Secretary, revert to the United States.
VI Checkerboard Resolution
Sec. 601 Short title
This title may be cited as the “Churchill County Checkerboard Resolution Act”.
Sec. 602 Consolidation of checkerboard land ownership
In general— The Secretary of the Interior, in consultation with Churchill County, Nevada, and landowners in the county, and after providing an opportunity for public comment, shall seek to consolidate Federal and non-Federal land ownership in Churchill County.
Land exchanges—
Land exchange authority— To the extent practicable, the Secretary of the Interior shall seek to enter into land exchanges with one or more landowners whose property is adjacent to public lands, whenever such an exchange will consolidate land ownership and facilitate improved land management.
Applicable law— Except as otherwise provided in this section, land exchanges shall be conducted in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable law.
Identification of public land for exchange— Subject to section 603, the Secretary of the Interior shall identify public land managed by the Bureau of Reclamation and the Bureau of Land Management within Churchill County to offer for exchange from among lands identified as potentially suitable for disposal in the applicable resource management plans.
Equal value land exchanges—
In general— Lands to be exchanged under this section shall be of equal value, based on appraisals prepared in accordance with—
the Uniform Standards for Professional Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Use of mass appraisals—
The Secretary of the Interior may use a mass appraisal where the Secretary estimates that the land covered by the mass appraisal in Churchill County—
is of similar character and value; and
has a likely value that does not exceed $250 per acre.
The Secretary shall exclude from a mass appraisal any land that has a likely value that exceeds $250 per acre.
The Secretary shall make the results of a mass appraisal conducted under subparagraph (A) available to the public.
Sec. 603 Lands identified for disposal
Identification process—
In general— Subject to section 604, the Secretary shall identify public land managed by the Bureau of Reclamation and the Bureau of Land Management within Churchill County to offer for sale from among lands identified as potentially suitable for disposal in the applicable resource management plans.
Consultation and public comment— Lands shall be identified under paragraph (1) in consultation with Churchill County, and after providing an opportunity for public comment.
Additional county role— At the request of Churchill County, the Secretary of the Interior shall postpone or exclude all or a portion of land identified for sale under this section. Nothing in this section prohibits the Secretary from postponing or excluding all or a portion of land identified for sale under this section at the discretion of the Secretary.
Valid existing rights— The sale of lands under this section is subject to valid existing rights.
Method of sale— The sale of Federal land under subsection (a) shall be—
consistent with section 203 of the Federal Land Management Policy Act of 1976 (43 U.S.C. 1713);
unless otherwise determined by the Secretary, through a competitive bidding process; and
for not less than fair market value.
Limitation— Not more than 50,000 acres shall be sold under this section.
Sec. 604 Management Priority Areas
In general— Within one year after the date of enactment of this Act, the Secretary of the Interior shall identify Management Priority Areas on public lands in Churchill County that—
include greater sage grouse habitat;
are designated as critical habitat, are part of an identified wildlife corridor, or contain significant wetlands or riparian wildlife habitat;
are within the boundary of a national wildlife refuge, national conservation area, or wilderness;
have value for outdoor recreation or provide public access for recreational hunting, fishing, or other recreational purposes;
contain resources that are listed on, or eligible for inclusion on, the National Register of Historic Places, or have significant cultural, historic, ecological, or scenic value; or
are of value for improving Federal land management.
Identification of additional management priority areas— The Secretary of the Interior may identify additional Management Priorities Areas at any time after the initial identification under subsection (a) is completed.
Management— Nothing in this section changes the management of an area identified as a Management Priority Area based solely on that identification.
Management priority areas excluded from sale or exchange— Federal land identified as a Management Priority Area shall be retained in Federal ownership and shall not be available for disposal or conveyance, including by sale or exchange, under this title.
Sec. 605 Withdrawal
Interim withdrawal— Subject to valid existing rights and mining claims for which the claim maintenance fee has been paid in the applicable assessment year, effective on the date on which a parcel of land is identified for exchange under section 602 or sale under section 603, that land is withdrawn from—
all forms of entry and appropriation under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral and mineral materials leasing laws.
Termination of withdrawal— The withdrawal of a parcel of land under subsection (a) shall terminate—
on the date of sale, or in the case of exchange, the conveyance of title of the land covered by the exchange;
with respect to any parcel of land identified for exchange under section 602 or sale under section 603 that is not exchanged or sold, not later than 2 years after the date the parcel of land was offered for exchange or sale under this title; or
on a different date mutually agreed upon by the Secretary and Churchill County.
Sec. 606 Disposition of proceeds
Of the proceeds from the sale of land under section 603—
5 percent shall be dispersed to the State of Nevada for use in the general education program in the State; and
the remainder shall be deposited in a special account in the Treasury of the United States, to be known as the “Churchill County Special Account”, which shall be available to the Secretary of the Interior, without further appropriation, for—
reimbursement of costs incurred by the Secretary in preparing for the sale or exchange of land under this section; and
the acquisition of land (including interests in land) in Churchill County—
within a wilderness or national conservation area designated under this division;
that protects other environmentally significant land;
identified as Management Priority Areas under section 804; or
that secures public access to Federal land for hunting, fishing, and other recreational purposes.