Sec. 101 Purpose
The purpose of this title is to promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes.
Division B — Northern Nevada Economic Development and Conservation
B Northern Nevada Economic Development and Conservation
I Douglas County Economic Development and Conservation
Sec. 102 Definitions
In this title:
County— The term County means Douglas County, Nevada.
Map— The term Map means the map entitled “Douglas County Economic Development and Conservation Act” and dated October 14, 2019.
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).
Secretary concerned— The term Secretary concerned means—
with respect to National Forest System land, the Secretary of Agriculture (acting through the Chief of the Forest Service); and
with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior.
State— The term State means the State of Nevada.
Tribe— The term Tribe means the Washoe Tribe of Nevada and California.
Wilderness— The term Wilderness means the Burbank Canyons Wilderness designated by this title.
A Land Conveyances and Sales
Sec. 111 Conveyance to State of Nevada
Conveyance— Subject to valid existing rights, the Secretary concerned shall convey to the State 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) is the approximately 67 acres of Forest Service land generally depicted as “Lake Tahoe-Nevada State Park” on the Map.
Costs— As a condition for the conveyance under subsection (a), all costs associated with such conveyances shall be paid by the State.
Use of land—
In general— Any land conveyed to the State under subsection (a) shall be used only for—
the conservation of wildlife or natural resources; or
a public park.
Facilities— Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1).
Reversion— If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), the land shall, at the discretion of the Secretary concerned, revert to the United States.
Sec. 112 Tahoe Rim Trail
In general— The Secretary of Agriculture, in consultation with the County and other stakeholders, shall develop and implement a cooperative management agreement for the land described in subsection (b)—
to improve the quality of recreation access by providing additional amenities as agreed on by the Secretary and the County; and
to conserve the natural resources values.
Description of land— The land referred to in subsection (a) consists of the approximately 13 acres of land generally depicted as “Tahoe Rim Trail North Parcel” on the Map.
Sec. 113 Conveyance to Douglas County, Nevada
Definition of Federal land— In this section, the term Federal land means the approximately 7,777 acres of Federal land located in the County that is identified as “Douglas County Land Conveyances” on the Map.
Authorization of conveyance— Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), not later than 180 days after the date on which the Secretary concerned receives a request from the County for the conveyance of the Federal land, the Secretary concerned shall convey to the County, without consideration, all right, title, and interest of the United States in and to the Federal land.
Costs— Any costs relating to the conveyance authorized under subsection (b), including any costs for surveys and other administrative costs, shall be paid by the County.
Use of Federal land—
In general— The Federal land conveyed under subsection (b)—
may be used by the County for flood control or any other public purpose consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.); and
shall not be disposed of by the County.
Reversion— If the Federal land conveyed under subsection (b) is used in a manner inconsistent with paragraph (1), the Federal land shall, at the discretion of the Secretary concerned, revert to the United States.
Acquisition of Federal reversionary interest—
Request— The County may submit to the Secretary concerned a request to acquire the Federal reversionary interest in all or any portion of the Federal land conveyed under this section.
Appraisal—
In general— Not later than 180 days after the date of receipt of a request under paragraph (1), the Secretary concerned shall complete an appraisal of the Federal reversionary interest in the Federal land requested by the County.
Requirement— The appraisal under subparagraph (A) shall be completed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Conveyance required—
In general— If, by the date that is 1 year after the date of completion of the appraisal under paragraph (2), the County submits to the Secretary concerned an offer to acquire the Federal reversionary interest requested under paragraph (1), the Secretary concerned, by not later than the date that is 30 days after the date on which the offer is submitted, shall convey to the County that reversionary interest.
Consideration— As consideration for the conveyance of the Federal reversionary interest under subparagraph (A), the County shall pay to the Secretary concerned an amount equal to the appraised value of the Federal reversionary interest, as determined under paragraph (2).
Costs of conveyance— Any costs relating to the conveyance under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary concerned.
Disposition of proceeds— Any amounts collected under this subsection shall be disposed of in accordance with section 114(i).
Revocation of orders— Any public land order that withdraws any of the land described in subsection (a) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of that land.
Sec. 114 Sale of certain Federal land
In general— Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall, in accordance with the other provisions of that Act and any other applicable law, and subject to valid existing rights, conduct one or more sales of the Federal land including mineral rights described in subsection (b) to qualified bidders.
Description of land— The Federal land referred to in subsection (a) consists of—
the approximately 59.5 acres of public land generally depicted as “Lands for Disposal” on the Map; and
not more than 10,000 acres of land in the County that—
is not segregated or withdrawn on or after the date of the enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and
is identified for disposal by the Secretary concerned through—
the Carson City Consolidated Resource Management Plan; or
any subsequent amendment to the management plan that is undertaken with full public involvement.
Joint selection required— The Secretary concerned and the County shall jointly select which parcels of the Federal land described in subsection (b)(2) to offer for sale under subsection (a).
Compliance with local planning and zoning laws— Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with—
County zoning ordinances; and
any master plan for the area approved by the County.
Method of sale— The sale of Federal land under subsection (a) shall be—
sold through a competitive bidding process, unless otherwise determined by the Secretary concerned; and
for not less than fair market value.
Recreation and public purposes act conveyances—
In general— Not later than 30 days before any land described in subsection (b) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
Retention— Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
Withdrawal—
In general— Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) 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.
Termination— The withdrawal under paragraph (1) shall be terminated—
on the date of sale or conveyance of title to the land including mineral rights described in subsection (b) pursuant to this title; or
with respect to any land described in subsection (b) that is not sold or exchanged, not later than 1 year after the date on which the land was offered for sale under this title.
Exception— Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
Deadline for sale—
In general— Except as provided in paragraph (2), not later than 1 year after the date of the enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder.
Postponement; exclusion from sale— At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale under paragraph (1) all or a portion of the land described in subsection (b).
Disposition of proceeds— Of the proceeds from the sale under this section—
5 percent shall be disbursed to the State for use by the State for general education programs of the State;
10 percent shall be disbursed to the County for use by the County for general budgeting purposes;
85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the “Douglas County Special Account”, which shall be available to the Secretary concerned until expended, without further appropriation—
to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including—
the costs of surveys and appraisals; and
the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713);
to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and
to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County—
pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan, or any subsequent amendment to the plan that is undertaken with full public involvement; and
for flood control purposes.
Revocation of orders— Any public land order that withdraws any of the land described in subsection (b) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of that land.
Sec. 115 Open Space Recreation Area
Authorization of conveyance— Not later than 180 days after the date on which the Secretary of Agriculture receives a request from the County, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the Federal land to be used for recreation and any other public purpose consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).
Description of land— The land referred to in subsection (a) consists of approximately 1,084 acres of land as depicted as “Open Space Recreation Area” on the Map.
Costs— Any costs relating to the conveyance authorized under subsection (b), including any costs for surveys and other administrative costs, shall be paid by the County.
Use of Federal land— The Federal land conveyed under subsection (a) shall not be disposed of by the County.
B Tribal Cultural Resources
Sec. 121 Transfer of land to be held in trust for Tribe
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)—
shall be held in trust by the United States for the benefit of the Tribe; and
shall be part of the reservation of the Tribe.
Description of land— The land referred to in subsection (a) consists of—
approximately 2,669 acres of Federal land generally depicted as “Washoe Tribe Conveyances” on the Map; and
any land administered on the date of the enactment of this Act by the Bureau of Land Management or the Forest Service and generally depicted as “Section 5 lands”.
Survey— Not later than 180 days after the date of the enactment of this Act, the Secretary concerned 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 this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
Thinning; landscape restoration—
In general— The Secretary concerned, in consultation and coordination with the Tribe, may carry out any fuel reduction and other landscape restoration activities on the land taken into trust under subsection (a) (including land that includes threatened and endangered species habitat), that are beneficial to—
the Tribe; and
the Bureau of Land Management; or
the Forest Service.
Conservation benefits— Activities carried out under subparagraph (A) include activities that provide conservation benefits to a species—
that is not listed as endangered or threatened under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)); but
is—
listed by a State as a threatened or endangered species;
a species of concern; or
a candidate for a listing as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Water rights— Nothing in this section affects the allocation, ownership, interest, or control, as in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a person.
C Resolution of Burbank Canyons Wilderness Study Area
Sec. 131 Addition to National Wilderness Preservation System
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 12,392 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map as “Burbank Canyons Wilderness” is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the “Burbank Canyons Wilderness”.
Boundary— The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the centerline of the road to allow public access.
Map and legal description—
In general— As soon as practicable after the date of the enactment of this Act, the Secretary concerned shall prepare a map and legal description of the Wilderness.
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 concerned may correct any minor error in the map or legal description.
Availability— A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
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.
Sec. 132 Administration
Management— Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned 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— The grazing of livestock in the Wilderness, if established before the date of the enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary concerned 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).
Incorporation of acquired land and interests— Any land or interest in land within the boundaries of the Wilderness 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.
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 or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness.
Military overflights— Nothing in this title restricts or precludes—
low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area;
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.
Existing airstrips— Nothing in this title restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of the enactment of this Act that are located within 5 miles of the proposed boundary of 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 concerned may take any measures in the Wilderness that the Secretary concerned determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary concerned determines to be appropriate, the coordination of the activities with the State or a local agency.
Data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary concerned may prescribe, the Secretary concerned may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the Wilderness if the Secretary concerned determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
Water rights—
Findings— Congress finds that—
the Wilderness is located—
in the semiarid region of the Great Basin; and
at the headwaters for the streams and rivers on land with respect to which there are few, if any—
actual or proposed water resource facilities located upstream; and
opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land;
the Wilderness is generally not suitable for use or development of new water resource facilities; and
because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land by means different from the means used in other laws.
Purpose— The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right.
Statutory construction— Nothing in this title—
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 the 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 concerned 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 the 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.
Restriction on new water resource facilities— Except as otherwise provided in this title, on or 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 any wilderness area, including a portion of a wilderness area, that is located in the County.
Sec. 133 Fish and 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.
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned 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—
in a manner that is 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 concerned, 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.
Existing activities— Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the 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), the State may continue to use aircraft, including helicopters, to survey, capture, trans- plant, monitor, and provide water for wildlife populations in the Wilderness.
Hunting, fishing, and trapping—
In general— The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness.
Consultation— Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1).
Cooperative agreement—
In general— 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 of the Interior 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 of the Interior and the State; and
subject to all applicable laws (including regulations).
References; Clark county— For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness.
Sec. 134 Release of wilderness study area
Finding— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 1,065 acres of public land in the Burbank Canyons Wilderness study area not designated as wilderness by this title has been adequately studied for wilderness designation.
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)); or
shall be managed in accordance with—
land management plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); and
cooperative conservation agreements in existence on the date of the enactment of this Act.
Sec. 135 Native American cultural and religious uses
Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
D Transfer of Administrative Jurisdiction over Forest Service Land
Sec. 141 Authority of Forest Service to transfer administrative jurisdiction to State or county for public purposes
In general— Consistent with section 3(b) of Public Law 96–586 (commonly known as the “Santini-Burton Act”) (94 Stat. 3384), and subject to valid existing rights, on receipt of a request by the State or County and subject to such terms and conditions as are satisfactory to the Secretary of Agriculture, the Secretary may transfer the Forest Service land or interests in Forest Service land described in subsection (b) to the State or County, without consideration, to protect the environmental quality and public recreational use of the transferred Forest Service land.
Description of land— The land referred to in subsection (a) is any Forest Service land that is located within the boundaries of the area acquired under Public Law 96–586 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381) that is—
unsuitable for Forest Service Administration; or
necessary for a public purpose.
Use of land— A parcel of land conveyed pursuant to subsection (a) shall—
be managed by the State or County, as applicable—
to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; and
to protect and enhance water quality, stream environment zones, and important wildlife habitat; and
be used by the State or County, as applicable, for recreation or other public purposes including trails, trailheads, fuel reduction, flood control and other infrastructure consistent with the Act of June 14, 1926 (43 U.S.C. 869 et seq.).
Reversion— If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with subsection (c), the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States.
Sec. 142 Special use permits for recreation and public purposes
Issuance of special use permits— Not later than one year after the date on which the Secretary of Agriculture receives an application from the County or unit of local government for the use of the Federal land outlined in subsection (b), the Secretary, in accordance with all applicable laws shall—
issue to the County a special use permit for recreation and public purposes; and
authorize a permit length up to 30 years or longer for the use of those lands.
Description of land— The land referenced in subsection (a) applies to approximately 188 acres of Federal land located in the County that is identified as “Directed Special Use Permit” on the Map.
II Incline Village Fire Protection
Sec. 201 Purpose
The purpose of this title is to improve hazardous fuels management and enhance public recreation through the conveyance of Federal land to Incline Village General Improvement District in Nevada for public purposes.
Sec. 202 Definitions
Sec. 203 Land conveyances for public purposes
Authorization of conveyance— In consideration of the District assuming from the United States all liability for administration, care and maintenance, within 180 days after the effective date of this title, the Secretary shall convey to the District without consideration all right, title, and interest of the United States in and to the parcels of Federal land described in subsection (b) for public uses including fire risk reduction activities, public recreation and any other public purpose.
Description of Federal land— The Federal land referred to in subsection (a) is depicted on the map entitled “Incline Village Fire Protection Act Map” and dated May 2019.
Costs— Any costs relating to the conveyance authorized under subsection (c), including any costs for surveys and other administrative costs, shall be paid by the District.
Reversion— If the land conveyed under subsection (a) is used in a manner inconsistent with subsection (a), the Federal land shall, at the discretion of the Secretary, revert to the United States.
III Northern Nevada Flood Protection and Management
Sec. 301 Purpose
This purpose of this title is to convey certain Federal land along the Truckee River in Nevada to the Truckee River Flood Management Authority for the purpose of environmental restoration and flood control management.
Sec. 302 Definitions
Sec. 303 Land conveyances for flood protection
Authorization of conveyance— The Secretary shall convey to the Truckee River Flood Management Authority without consideration all right, title, and interest of the United States in and to the parcels of Federal land described in subsection (b) for the purposes of flood attenuation, riparian restoration, and protection along the Truckee River in Nevada. Upon conveyance, TRFMA will coordinate with Storey County, as needed, in order to provide easements for access and use to necessary infrastructure located immediately south of the Truckee River and Interstate 80.
Description of Federal land— The Federal land referred to in subsection (a) is depicted as “flood control conveyances” on the map entitled “Northern Nevada Flood Protection Management Land Conveyance Map” and dated May 2019.
Costs— Any costs relating to the conveyance authorized under subsection (c), including any costs for surveys and other administrative costs, shall be paid by the TRFMA.
Reversion— If the land conveyed under subsection (a) is used in a manner inconsistent with subsection (a), the Federal land shall, at the discretion of the Secretary, revert to the United States.
IV Lander County Land Management and Conservation
Sec. 401 Definitions
In this title:
County— The term County means Lander County, Nevada.
Map— The term map means the map entitled “Lander County Land Management and Conservation Act” and dated February, 2020.
Secretary— The term Secretary means the Secretary of the Interior.
Secretary of Agriculture— The term Secretary of Agriculture means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Sec. 402 Findings
Congress finds the following:
Wildland fires pose threats to public and private natural resources in Lander County and expanding and improving the airports in Lander County to include available adjacent lands would support fire-fighting capabilities.
The protection, development and use of water resources in Lander County play a key role in the major economic activity for the County including developments, mining, agriculture, tourism, recreational activity, and conservation.
Recreational and public park opportunities in Lander County could be substantially enhanced through expansion of the County park system.
Sec. 403 Conveyance to Lander County, Nevada
Watershed protection, recreation, and parks— Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), no later than 60 days after lands are identified by the County, the Secretary and Secretary of Agriculture shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest, including mineral rights, of the United States in and to the parcels of Federal land described on the map identified as lands for watershed protection, recreation, and parks.
Airport facility— Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 1713), the Secretary shall convey to the County, subject to valid existing rights, for no consideration, all right, title, and interest, including mineral rights, of the United States in and to the parcels of Federal land on the map entitled “Lander County, Nevada-Airport Selections” for the purpose of improving airport facility and related infrastructure.
Costs— Only survey costs relating to any conveyance under subsection (b) shall be paid by the County.
Sec. 404 Survey
The exact acreage and legal description of the Federal land to be conveyed under this title shall be determined by a survey satisfactory to the Secretary and the County.
Sec. 405 Maps, estimates, descriptions
Minor errors— The Secretary, the Secretary of Agriculture, and the County may, by mutual agreement—
make minor boundary adjustments to the Federal lands involved in the conveyance; and
correct any minor errors in any map, acreage estimate, or description of any land to be conveyed.
Conflict— If there is a conflict between a map, an acreage estimate, or a description of land under this title, the map shall control unless the Secretary, the Secretary of Agriculture, and the County mutually agree otherwise.
Availability— The Secretary shall file and make available for public inspection in the Nevada headquarters of the Bureau of Land Management and Battle Mountain Field Office copies of all maps referred to in this title.
Sec. 406 Reversion
A conveyance under this title shall include a reversionary clause to ensure that management of the land described in that subsection shall revert to the Secretary if the land is no longer being managed in accordance with the purposes identified in section 403 of this title.
V Ruby Mountains Protection
Sec. 501 Short title
This title may be cited as the “Ruby Mountains Protection Act”.
Sec. 502 Withdrawal of certain National Forest System land
Definition of map— In this section, the term Map means the Forest Service map entitled “S. 258 Ruby Mountains Protective Act” and dated December 5, 2019.
Prohibition— Subject to valid existing rights in existence on the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall not issue under any law, including the Mineral Leasing Act (30 U.S.C. 181 et seq.), an oil or gas lease within the area depicted on the Map as “National Forest System Lands”.
Application— Any land or interest in land within the boundary of the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest that is acquired by the United States after the date of the enactment of this Act shall be withdrawn in accordance with subsection (b).
Availability of map— The Map shall be on file and available for public inspection in the appropriate offices of the Forest Service.
VI Carson City Public Lands Correction
Sec. 601 Definitions
Secretary— The term Secretary means—
the Secretary of Agriculture with respect to land in the National Forest System; and
the Secretary of the Interior with respect to other Federal land.
City— The term City means Carson City, Nevada.
Carson City Federal Land Collaboration Committee— The term Carson City Federal Land Collaboration Committee means a committee comprised of—
the City Manager;
a designee of the City Manager; and
not more than 3 members appointed by the Carson City Board of Supervisors to represent areas of Carson City’s government, including the Parks, Recreation, and Open Space Department, the Community Development Department, Property Management.
Sec. 602 Land conveyances
Conveyance— Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall convey to the City, 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) is the approximately 258 acres depicted as “Lands to Acquire” on the map entitled “Carson City OPLMA Lands” and dated 2018.
Costs— Any costs relating to the conveyance under subsection (a), including costs of surveys and administrative costs, shall be paid by the City and are eligible for reimbursement under the account as described in section 606(a).
Sale or Lease of Land to Third Parties— The City may enter into an agreement to sell, lease, or otherwise convey all or part of the land described in subsection (b).
Conditions— The City shall sell the land at fair market value, and proceeds will be deposited in the account as described in section 606(a).
Sec. 603 Carson City Street Connector conveyance
Authorization of conveyance— The Secretary concerned shall convey to Carson City without consideration all right, title, and interest of the United States in and to the parcels of Federal land described in subsection (b) for expansion of roadway.
Description of Federal land— The Federal land referred to in subsection (a) is depicted as “Proposed Land Transfer” on the map entitled “Carson City OPLMA Lands” and dated February 28, 2019.
Costs— Any costs relating to the conveyance authorized under subsection (a), including any costs for surveys and other administrative costs, shall be paid by the city.
Reversion— If the land conveyed under subsection (a) is used in a manner inconsistent with subsection (a), the Federal land shall, at the discretion of the Secretary, revert to the United States.
Sec. 604 Amendment to reversionary interests
Sale or lease of land to third parties— Section 2601(b)(4) of Public Law 111–11 (123 Stat. 1111) is amended by inserting after subparagraph (D), the following:
“(E) Sale or lease of land to third parties—The City may enter into an agreement to sell, lease, or otherwise convey all or part of the land described in subparagraph (D) to third parties for public purposes.”
Conditions— The sale of any land under subsection (a) shall be for not less than fair market value.
Sec. 605 Disposal of Federal land
Disposal— Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall dispose of the land described in subsection (b).
Description of land— The land referred to in subsection (a) is the approximately 28 acres depicted as “Lands for BLM Disposal” on the map entitled “Carson City OPLMA Lands” and dated 2018.
Costs— Any costs relating to the disposal under subsection (a), including costs of surveys and administrative costs, shall be paid by the party entering into the disposal agreement with the Bureau of Land Management for the land described in subsection (b).
Conditions— Upon disposal, the City shall retain—
a public utility easement concurrent with Koontz Lane and Conti Drive, which provides waterlines and access to the water tank immediately east of the subject parcels; and
an existing drainage easement for a future detention basin located on APN 010–152–06 depicted as “Lands for BLM Disposal” on the map entitled “Carson City OPLMA Lands” and dated 2018.
Sec. 606 Transfer of land to the United States
Conveyance— Not later than 180 days after the date of the enactment of this Act, the City shall convey all right and title of the land described in subsection (b) to the Secretary of the Interior.
Description of land— The land referred to in subsection (a) is the approximately 17 acres depicted as “Lands for Disposal” on the map entitled “Carson City OPLMA Lands” and dated 2018.
Disposal— Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall dispose of the land described in subsection (b).
Costs—
Costs related to disposal— Any costs relating to the disposal under subsection (c), including costs of surveys and administrative costs, shall be paid by the party entering into the disposal agreement with the Bureau of Land Management for the land described in subsection (b).
Costs related to conveyance— Any costs relating to the conveyance under subsection (a), including costs of surveys and administrative costs, shall be paid by the City and is eligible for reimbursement through the account as described in section 606(a).
Conditions— Upon disposal, the City shall retain—
access and a public utility easement on APN 010–252–02 for operation and maintenance of a municipal well; and
a public right-of-way for Bennet Avenue.
Sec. 607 Disposition of proceeds
Disposition of proceeds— The proceeds from the sale of land under sections 602, 603, 604, and 605 of this title, and section 2601(e)(1)(B) of Public Law 111–11 (123 Stat. 1111(e)(1)(B)) shall be deposited in a special account in the Treasury of the United States, to be known as the “Carson City Special Account”, which shall be available to the Secretary in collaboration with and if approved in writing by the Carson City Federal Land Collaboration Committee, for—
the reimbursement of costs incurred by the Secretary in preparing for the sale of the land described in sections 602, 604, and 605 of this title, and section 2601(e)(1)(B) of Public Law 111–11 (123 Stat. 1111(e)(1)(B)), including—
the costs of surveys and appraisals; and
the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713);
the reimbursement of costs incurred as described in paragraphs (3) through (8) by the City for lands under sections 602, 603, 604, and 605, and section 2601(d) of Public Law 111–11 (123 Stat. 1111(d));
the conduct of wildlife habitat conservation and restoration projects, including projects that benefit the greater sage-grouse in the City;
the development and implementation of comprehensive, cost-effective, multijurisdictional hazardous fuels reduction and wildfire prevention and restoration projects in the City;
the acquisition of environmentally sensitive land or interest in environmentally sensitive land in Carson City, Nevada;
wilderness protection and processing wilderness designation, including the costs of appropriate fencing, signage, public education, and enforcement for the wilderness areas designated through this title;
capital improvements administered by the Bureau of Land Management and the Forest Service in the City; and
educational purposes specific to the City.
Investment of special account— Amounts deposited into the Carson City Special Account—
shall earn interest in an amount determined by the Secretary of the Treasury, based on the current average market yield on outstanding marketable obligations of the United States of comparable maturities; and
may be expended by the Secretary in accordance with this section.
Management of special account— The management and procedures thereof of the Carson City Special Account shall be determined by an intergovernmental agreement between the City and the Department of the Interior’s Bureau of Land Management, Carson City office.
Sec. 608 Postponement; exclusion from sale
Section 2601(d)(6) of Public Law 111–11 (123 Stat. 1113) is amended to read as follows:
“(6) Deadline for sale—Not later than 1 year after the date of the enactment of Northern Nevada Economic Development and Conservation Act of 2020, if there is a qualified bidder for the land described in subparagraphs (A) and (B) of paragraph (2), the Secretary of the Interior shall offer the land for sale to the qualified bidder.”
VII Pershing County Economic Development and Conservation
Sec. 701 Short title
This title may be cited as the “Pershing County Economic Development and Conservation Act”.
Sec. 702 Definitions
A Checkerboard Land Resolution
Sec. 711 Findings
Congress finds that—
since the passage of the Act of July 1, 1862 (12 Stat. 489, chapter 120) (commonly known as the “Pacific Railway Act of 1862”), under which railroad land grants along the Union Pacific Railroad right-of-way created a checkerboard land pattern of alternating public land and privately owned land, management of the land in the checkerboard area has been a constant source of frustration for the County government, private landholders in the County, and the Federal Government;
management of Federal land in the checkerboard area has been costly and difficult for the Federal land management agencies, creating a disincentive to manage the land effectively;
parcels of land within the checkerboard area in the County will not vary significantly in appraised value by acre due to the similarity of highest and best use in the County; and
consolidation of appropriate land within the checkerboard area through sales and exchanges for development and Federal management will—
help improve the tax base of the County; and
simplify management for the Federal Government.
Sec. 712 Definitions
In this title:
Eligible land— The term eligible land means any land administered by the Director of the Bureau of Land Management—
that is within the area identified on the Map as “Checkerboard Lands Resolution Area” that is designated for disposal by the Secretary through—
the Winnemucca Consolidated Resource Management Plan; or
any subsequent amendment or revision to the management plan that is undertaken with full public involvement; and
that is not encumbered land.
Encumbered land— The term encumbered land means any land administered by the Director of the Bureau of Land Management within the area identified on the Map as “Checkerboard Lands Resolution Area” that is encumbered by mining claims, millsites, or tunnel sites.
Map— The term Map means the map prepared under section 713(b)(1).
Qualified entity— The term qualified entity means, with respect to a portion of encumbered land—
the owner of a mining claim, millsite, or tunnel site located on a portion of the encumbered land on the date of the enactment of this Act; and
a successor in interest of an owner described in subparagraph (A).
Sec. 713 Sale or exchange of eligible land
Authorization of conveyance— Notwithstanding sections 202, 203, 206, and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), as soon as practicable after the date of the enactment of this Act, the Secretary, in accordance with this title and any other applicable law and subject to valid existing rights, shall conduct sales or exchanges of the eligible land.
Map—
In general— As soon as practicable after the date of the enactment of this Act, the Secretary shall prepare a map that depicts the boundaries of the land identified for disposal under this title, to be identified as the “Checkerboard Lands Resolution Area” on the Map.
Minor corrections— The Secretary, in consultation with the County, may correct minor errors in the Map.
Joint selection required— After providing public notice, the Secretary and the County shall jointly select parcels of eligible land to be offered for sale or exchange under subsection (a).
Method of sale— A sale of eligible land under subsection (a) shall be—
consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713);
conducted through a competitive bidding process, under which adjoining landowners are offered the first option, unless the Secretary determines there are suitable and qualified buyers that are not adjoining landowners; and
for not less than fair market value, based on an appraisal in accordance with the Uniform Standards of Professional Appraisal Practice and this title.
Land exchanges—
In general— Not later than 1 year after the date of the enactment of this Act and subject to the joint selection requirements under subsection (c), the Secretary shall offer to exchange all eligible land under this section for private land.
Adjacent land— To the extent practicable, the Secretary shall seek to enter into agreements with one or more owners of private land adjacent to the eligible land for the exchange of the private land for the eligible land, if the Secretary determines that the exchange would consolidate Federal land ownership and facilitate improved Federal land management.
Priority land exchanges— In acquiring private land under this subsection, the Secretary shall give priority to the acquisition of private land in higher-value natural resource areas in the County.
Mass appraisals—
In general— Not later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall—
conduct a mass appraisal of eligible land to be sold or exchanged under this section;
prepare an evaluation analysis for each land transaction under this section; and
make available to the public the results of the mass appraisals conducted under subparagraph (A).
Use— The Secretary may use mass appraisals and evaluation analyses conducted under paragraph (1) to facilitate exchanges of eligible land for private land.
Deadline for sale or exchange; exclusions—
Deadline— Not later than 90 days after the date on which the eligible land is jointly selected under subsection (c), the Secretary shall offer for sale or exchange the parcels of eligible land jointly selected under that subsection.
Postponement or exclusion— The Secretary or the County may postpone, or exclude from, a sale or exchange of all or a portion of the eligible land jointly selected under subsection (c) for emergency ecological or safety reasons.
Withdrawal—
In general— Subject to valid existing rights and mining claims, millsites, and tunnel sites, effective on the date on which a parcel of eligible land is jointly selected under subsection (c) for sale or exchange, that parcel is withdrawn from—
all forms of entry and appropriation under the public land laws, including the mining laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing and geothermal leasing laws.
Termination— The withdrawal of a parcel of eligible land under paragraph (1) shall terminate—
on the date of sale or, in the case of exchange, the conveyance of title of the parcel of eligible land under this section; or
with respect to any parcel of eligible land selected for sale or exchange under subsection (c) that is not sold or exchanged, not later than 2 years after the date on which the parcel was offered for sale or exchange under this section.
Sec. 714 Sale of encumbered land
Authorization of conveyance— Notwithstanding sections 202, 203, 206, and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713, 1716, 1719), not later than 90 days after the date of the enactment of this Act and subject to valid existing rights held by third parties, the Secretary shall offer to convey to qualified entities, for fair market value, the remaining right, title, and interest of the United States, in and to the encumbered land.
Costs of sales to qualified entities— As a condition of each conveyance of encumbered land under this section, the qualified entity shall pay all costs related to the conveyance of the encumbered land, including the costs of surveys and other administrative costs associated with the conveyance.
Offer To convey—
In general— Not later than 180 days after the date on which the Secretary receives a fair market offer from a qualified entity for the conveyance of encumbered land, the Secretary shall accept the fair market value offer.
Appraisal— Fair market value of the interest of the United States in and to encumbered land shall be determined by an appraisal conducted in accordance with the Uniform Standards of Professional Appraisal Practice.
Conveyance— Not later than 180 days after the date of acceptance by the Secretary of an offer from a qualified entity under subsection (c)(1) and completion of a sale for all or part of the applicable portion of encumbered land to the qualified entity, the Secretary, by delivery of an appropriate deed, patent, or other valid instrument of conveyance, shall convey to the qualified entity all remaining right, title, and interest of the United States in and to the applicable portion of the encumbered land.
Merger— Subject to valid existing rights held by third parties, on delivery of the instrument of conveyance to the qualified entity under subsection (d), the prior interests in the locatable minerals and the right to use the surface for mineral purposes held by the qualified entity under a mining claim, millsite, tunnel site, or any other Federal land use authorization applicable to the encumbered land included in the instrument of conveyance, shall merge with all right, title, and interest conveyed to the qualified entity by the United States under this section to ensure that the qualified entity receives fee simple title to the purchased encumbered land.
Sec. 715 Disposition of proceeds
Disposition of proceeds— Of the proceeds from the sale of land under this title—
5 percent shall be disbursed to the State for use in the general education program of the State;
10 percent shall be disbursed to the County for use as determined through normal County budgeting procedures; and
the remainder shall be deposited in a special account in the Treasury of the United States, to be known as the “Pershing County Special Account”, which shall be available to the Secretary, in consultation with the County, for—
the acquisition of land from willing sellers (including interests in land) in the County—
within a wilderness area;
that protects other environmentally significant land;
that secures public access to Federal land for hunting, fishing, and other recreational purposes; or
that improves management of Federal land within the area identified on the Map as “Checkerboard Lands Resolution Area”; and
the reimbursement of costs incurred by the Secretary in preparing for the sale or exchange of land under this title.
Investment of special account— Any amounts deposited in the special account established under subsection (a)(3)—
shall earn interest in an amount determined by the Secretary of the Treasury, based on the current average market yield on outstanding marketable obligations of the United States of comparable maturities; and
may be expended by the Secretary in accordance with this section.
Reports—
In general— Not later than September 30 of the fifth fiscal year after the date of the enactment of this Act, and every 5 fiscal years thereafter, the Secretary shall submit to the State, the County, and the appropriate committees of Congress a report on the operation of the special account established under subsection (a)(3) for the preceding 5 fiscal years.
Contents— Each report submitted under paragraph (1) shall include, for the fiscal year covered by the report—
a statement of the amounts deposited into the special account;
a description of the expenditures made from the special account for the fiscal year, including the purpose of the expenditures;
recommendations for additional authorities to fulfill the purpose of the special account; and
a statement of the balance remaining in the special account at the end of the fiscal year.
Sec. 716 Conveyance of land for use as a public cemetery
In general— The Secretary shall convey to the County, without consideration, the Federal land described in subsection (b).
Description of Federal land— The Federal land referred to in subsection (a) is the approximately 10 acres of land depicted as “Unionville Cemetery” on the Map.
Use of conveyed land— The Federal land conveyed under subsection (a) shall be used by the County as a public cemetery.
B Wilderness Areas
Sec. 721 Additions to the National Wilderness Preservation System
Additions— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the State are designated as wilderness and as components of the National Wilderness Preservation System:
Cain Mountain Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,339 acres, as generally depicted on the map entitled “Proposed Cain Mountain Wilderness” and dated February 9, 2017, which, together with the Federal land designated as wilderness by section 303(a)(3) of division A, shall be known as the “Cain Mountain Wilderness”.
Bluewing Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 24,900 acres, as generally depicted on the map entitled “Proposed Bluewing Wilderness” and dated February 9, 2017, which shall be known as the “Bluewing Wilderness”.
Selenite Peak Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 22,822 acres, as generally depicted on the map entitled “Proposed Selenite Peak Wilderness” and dated February 9, 2017, which shall be known as the “Selenite Peak Wilderness”.
Mount Limbo Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,855 acres, as generally depicted on the map entitled “Proposed Mt. Limbo Wilderness” and dated February 9, 2017, which shall be known as the “Mount Limbo Wilderness”.
North Sahwave Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,875 acres, as generally depicted on the map entitled “Proposed North Sahwave Wilderness” and dated February 9, 2017, which shall be known as the “North Sahwave Wilderness”.
Grandfathers Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 35,339 acres, as generally depicted on the map entitled “Proposed Grandfathers Wilderness” and dated February 9, 2017, which shall be known as the “Grandfathers Wilderness”.
Fencemaker Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 14,942 acres, as generally depicted on the map entitled “Proposed Fencemaker Wilderness” and dated February 9, 2017, which shall be known as the “Fencemaker Wilderness”.
Boundary— The boundary of any portion of a wilderness area that is bordered by a road shall be 100 feet from the centerline of the road.
Map and legal description—
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 each wilderness area.
Effect— Each 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 clerical and typographical errors in the map or legal description.
Availability— Each map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
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
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Sec. 722 Administration
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 with respect to the wilderness areas—
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.
Livestock— The grazing of livestock in the wilderness areas, if established before the date of the enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
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).
Incorporation of acquired land and interests— Any land or interest in land within the boundary of a wilderness area that is acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the wilderness area.
Adjacent management—
In general— Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas.
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.
Military overflights— Nothing in this title restricts or precludes—
low-level overflights of military aircraft over the wilderness areas, 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.
Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the wilderness areas as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).
Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological data collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
Water rights—
Findings— Congress finds that—
the wilderness areas are located—
in the semiarid region of the Great Basin; and
at the headwaters of the streams and rivers on land with respect to which there are few, if any—
actual or proposed water resource facilities located upstream; and
opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land;
the wilderness areas are generally not suitable for use or development of new water resource facilities; and
because of the unique nature of the wilderness areas, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws.
Purpose— The purpose of this section is to protect the wilderness values of the wilderness areas by means other than a federally reserved water right.
Statutory construction— Nothing in this title—
constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas;
affects any water rights in the State (including any water rights held by the United States) in existence on the date of the 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 the enactment of this Act with respect to the wilderness areas.
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.
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.
Temporary telecommunications device—
In general— Nothing in this title prevents the placement of a temporary telecommunications device for law enforcement or agency administrative purposes in the Selenite Peak Wilderness in accordance with paragraph (2).
Additional requirements— Any temporary telecommunications device authorized by the Secretary under paragraph (1) shall—
be carried out in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.); and
all other applicable laws (including regulations);
to the maximum practicable, be located in such a manner as to minimize impacts on the recreational and other wilderness values of the area; and
be for a period of not longer than 7 years.
Sec. 723 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.
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the wilderness areas that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out—
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 noxious weed treatment and the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks.
Existing activities— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations.
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—
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 general— The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas.
Consultation— Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1).
Cooperative agreement—
In general— The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas—
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
subject to all applicable laws (including regulations).
References; Clark County— For the purposes of this subsection, any references to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the wilderness areas.
Sec. 724 Release of wilderness study areas
Finding— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 48,600 acres of public land in the portions of the China Mountain, Mt. Limbo, Selenite Mountains, and Tobin Range wilderness study areas that have not been designated as wilderness by section 721(a) and the portion of the Augusta Mountains wilderness study area within the County that has not been designated as wilderness by section 721(a) have been adequately studied for wilderness designation.
Release— The public land described in subsection (a)—
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
shall be managed in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
Sec. 725 Native American cultural and religious uses
In general— Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
Cultural uses— Nothing in this title precludes the traditional collection of pine nuts in a wilderness area for personal, noncommercial use consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
VIII Allowing for the Transfer of Federal Lands To Be Used As National Cemeteries
Sec. 801 Allowing for the transfer of Federal lands to be used as national cemeteries
Section 2406 of title 38, United States Code, is amended—
by striking “As additional lands are needed for national cemeteries,” and inserting “(a) As additional lands are needed for national cemeteries,”; and
by adding at the end the following new subsection (b):
“(b) Notwithstanding section 1714(d) of title 43, when the Secretary of Veterans Affairs and the Secretary of the Interior agree to the transfer of any land for use by the Department of Veterans Affairs as a national cemetery under subsection (a), the land shall be withdrawn from the public lands and permanently transferred to the Secretary of Veterans Affairs.”
IX Federal Complex
Sec. 901 Federal complex
Establishment— The Secretary of the Interior and Secretary of Agriculture shall establish on Federal lands identified as “Federal Complex” on the map titled “Proposed Federal Complex”, and dated January 27, 2020, a Federal complex for—
department agencies and operations for the Bureau of Land Management and the Forest Service;
the Bureau of Land Management Nevada State Office;
the Forest Service Humboldt-Toiyabe Headquarters;
the United States Fish and Wildlife Service Nevada State Office;
the Bureau of Reclamation Nevada State Office;
the Bureau of Indian Affairs Western Nevada Agency Office;
the option for the Forest Service to house the Carson Ranger District Office; and
the option for the Bureau of Land Management to house the Carson City District Office.
Funding sources—
Special accounts— Ten percent of the total amount deposited in the Federal special accounts established under title VI of division A and titles I, VI, and VII of this division shall be available to the Secretary of the Interior and Secretary of Agriculture for construction of the Federal complex.
Secondary sources— If the amount made available by paragraph (1) is insufficient to complete construction of the Federal complex, the Secretary of the Interior and Secretary of Agriculture may use other accounts available for the operation of the Bureau of Land Management, the Fish and Wildlife Service, the Bureau of Reclamation, the Bureau of Indian Affairs, and the Forest Service in Nevada to provide such additional amounts as may be necessary to complete construction of the Federal complex.
X Small Tracts
Sec. 1001 Short title
This title may be cited as the “National Forest Small Tracts Act Amendments Act”.
Sec. 1002 Additional authority for sale or exchange of small parcels of National Forest System land
Increase in maximum value of small parcels— Section 3 of Public Law 97–465 (commonly known as the Small Tracts Act; 16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by striking “$150,000” and inserting “$500,000”.
in the matter preceding paragraph (1), by striking “which are—” and inserting “which involve any one of the following:”;
in each of paragraph (1)—
by striking “parcels” and inserting “Parcels”; and
by striking the semicolon at the end and inserting a period;
in paragraph (2)—
by striking “parcels” the first place it appears and inserting “Parcels”; and
by striking the semicolon at the end and inserting a period;
in paragraph (3)—
by striking “road” and inserting “Road”; and
by striking the semicolon at the end and inserting a period;
in paragraph (4)—
by striking “parcels” and inserting “Parcels”; and
by striking the semicolon at the end and inserting a period;
in paragraph (5)—
by striking “parcels” and inserting “Parcels”; and
by striking “; or” inserting a period;
in paragraph (6), by striking “parcels” and inserting “Parcels”; and
by adding at the end the following new paragraphs:
“(7) Parcels of 40 acres or less which are determined by the Secretary to be physically isolated, to be inaccessible, or to have lost their National Forest character.
“(8) Parcels of 10 acres or less which are not eligible for conveyance under paragraph (2), but which are encroached upon by permanent habitable improvements for which there is no evidence that the encroachment was intentional or negligent.
“(9) Parcels used as a cemetery, a landfill, or a sewage treatment plant under a special use authorization issued by the Secretary. In the case of a cemetery expected to reach capacity within 10 years, the sale, exchange, or interchange may include, in the sole discretion of the Secretary, up to 1 additional acre abutting the permit area to facilitate expansion of the cemetery.”
by striking “The Secretary is authorized” and inserting the following:
“(a) Conveyance authority; consideration—The Secretary is authorized”
by striking “The Secretary shall insert” and inserting the following:
“(b) Inclusion of terms, covenants, conditions, and reservations—The Secretary shall insert”
by striking “convenants” and inserting “covenants”; and
by adding at the end the following new subsection:
“(c) Disposition of proceeds
“(1) Deposit in sisk fund—The net proceeds derived from any sale or exchange conducted under the authority of paragraph (4), (5), or (6) of section 3 shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a).
“(2) Use—Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—
“(A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;
“(B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land which enhance opportunities for recreational access;
“(C) the performance of deferred maintenance on administrative sites for the National Forest System in that State or other deferred maintenance activities in that State which enhance opportunities for recreational access; or
“(D) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 3 if the sale is a competitive sale.”
XI Implementation of White Pine County Conservation, Recreation, and Development Act
Sec. 1101 Disposition of proceeds
Section 312 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3030) is amended—
by striking “Of the” and inserting the following:
“(a) In general—Of the”
in paragraph (2), by striking “use of fire protection, law enforcement, education, public safety, housing, social services, transportation and planning” and inserting “for use as determined through normal County budgeting procedures”;
in paragraph (3)—
in subparagraph (G), by striking “; and” and inserting a semicolon;
in subparagraph (H), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(I) processing by a government entity of public land-use authorizations and rights-of-way relating to the development of land conveyed to the County under this Act, with an emphasis on authorizations and rights-of-way relating to any infrastructure needed for the expansion of the White Pine County Industrial Park under section 352(c)(2).”
by adding at the end the following:
“(b) Investment of funds—Amounts deposited in the special account shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities, and may be expended according to the provisions of this section.”
Sec. 1102 Conveyance to White Pine County, Nevada
Section 352 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3039) is amended—
in subsection (a), by inserting “not later than 120 days after the date of the enactment of the Northern Nevada Economic Development and Conservation Act of 2020,” before “the Secretary”;
in subsection (c)—
in paragraph (3)(A), by inserting “or other nonresidential development as determined by the County and in compliance with County planning and zoning codes” before the final period;
in paragraph (3)(B)(i), by striking “through a competitive bidding process” and inserting “consistent with section 244 of the Nevada Revised Statutes (as in effect on the date of the enactment of the Northern Nevada Economic Development and Conservation Act of 2020)”; and
in paragraph (3)(C)—
by striking “gross” and inserting “net”; and
by adding at the end the following: “For the purpose of this subparagraph, the term net proceeds means funds remaining from disposal after all costs described in section 312(a)(2).”; and
by adding at the end the following:
“(e) Deadline—If the Secretary has not conveyed to the County the parcels of land described in subsection (b) by the date that is 120 days after the date of the enactment of the Northern Nevada Economic Development and Conservation Act of 2020, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the parcels of land.”
Sec. 1103 Issuance of Corrective Patents
The White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028 et seq.) is amended by inserting after section 352 the following:
“353. Issuance of Corrective Patents
“(a) Issuance—Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), not later than 60 days after the date of the enactment of this section or 60 days after the Secretary receives written notification under this section from a private landowner, the Secretary of the Interior, acting through the Bureau of Land Management, shall issue corrective patents, subject to valid existing rights, for private lands adjacent to public land when—
“(1) a cloud on the title demonstrates that the private land had been patented before 1976; and
“(2) the correction is for 5 acres or less.
“(b) Administrative costs—The United States shall pay administrative costs of corrective patents issued under this section.”
XII Conveyances to the City of Sparks
Sec. 1201 Definitions
Sec. 1202 Conveyance of land for use as a public cemetery
Conveyance— Subject to valid and existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall convey to the City 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) is the approximately 40 acres of land depicted as “Cemetery Conveyance” on the Map.
Costs— Any costs relating to the conveyance under subsection (a), including the costs of surveys and administrative costs, shall be paid by the City.
Use of land— The land conveyed under subsection (a) shall be used only for a cemetery.
Sec. 1203 Conveyance of land for use as regional public parks
Conveyance— Subject to valid and existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary shall convey to the City 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) is the approximately 448.16 acres depicted as “Golden Eagle Regional Park” and 266.04 acres depicted as “Wedekind Regional Park” on the Map.
Costs— Any costs relating to the conveyance under subsection (a), including the costs of surveys and administrative costs, shall be paid by the City.
Use of land—
In general— The land conveyed under subsection (a) shall be used only for public parks.
Reversion— If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the use described in paragraph (1), the land shall revert, at the discretion of the Secretary, to the United States.
XIII Conveyance to Washoe County
Sec. 1301 Definitions
Sec. 1302 Conveyance of land subject to development agreement
Conveyance— Subject to valid and existing rights and notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to Washoe 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) is the approximately 1,158.22 acres of public land generally depicted as “Lands for Disposal” on the Map.
Initiation of conveyance— The Secretary shall initiate the conveyance process under this section upon receipt by the Secretary of a written request submitted by the County.
Costs— Any costs relating to the conveyance under subsection (a), including the costs of surveys and administrative costs, shall be paid by the County.
Use of land—
In general— The land conveyed under subsection (a) shall be used for economic development, subject to a development agreement being entered into between the County and a County-approved user of the land.
Reversion— If any portion of the land conveyed under subsection (a) is used in a manner inconsistent with the development agreement referred to in paragraph (1), the land shall revert, at the discretion of the Secretary, to the United States.
XIV General Provisions
Sec. 1401 Public purpose conveyances
Definitions— In this section:
Eligible entity— The term eligible entity means the State of Nevada, a political subdivision of the State, a unit of local government, or a regional governmental entity in any county of the State of Nevada.
Federal land— The term Federal land means any Federal land in the State of Nevada—
that is leased, patented, authorized as a right-of-way, or otherwise approved for use pursuant to the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or any other applicable Federal law; and
on which a permanent public facility has been or may be constructed.
Authorization for conveyance— Subject to valid existing rights and subsection (d), on request by an eligible entity for the conveyance of a parcel of Federal land, the Secretary of the Interior shall convey to the eligible entity by quitclaim deed, without consideration, terms, conditions, reservations, or stipulations, all right, title, and interest of the United States in and to the parcel of Federal land for any public purpose.
Map and legal description—
In general— Not later than 180 days after the date of a request by an eligible entity for a conveyance of Federal land under subsection (b), the Secretary shall file a map and legal description of the parcel of Federal land to be conveyed under that paragraph.
Effect; availability— Each map and legal description filed under paragraph (1) shall—
have the same force and effect as if included in this Act; and
be on file and available for public inspection in the Nevada State Office of the Bureau of Land Management.
Errors— The Secretary may correct any minor error in a map or legal description filed under paragraph (1).
Reversion—
In general— As a condition of a conveyance under subsection (b) and except as provided in paragraph (2), the Secretary shall require that, if any parcel of the Federal land conveyed under that subsection is no longer used for any public purpose, all right, title, and interest in and to the parcel of Federal land shall—
revert to the United States; or
on authorization by the Secretary, be disposed of by the eligible entity through a sale, lease, or other conveyance, in accordance with subsection (e).
Exception— The removal of sediment from a stormwater detention basin or the movement or removal of minerals on a parcel of Federal land conveyed under subsection (b) that may be interfering with or precluding any public purpose shall not result in the parcel being considered to be no longer used for a public purpose under paragraph (1).
Requirements for sale, lease, or other conveyance—
Fair market value— The sale, lease, or other conveyance of a parcel of Federal land by an eligible entity under paragraph (1)(B) shall be for fair market value.
Disposition of proceeds— Any gross proceeds received by an eligible entity from the sale, lease, or other conveyance of a parcel of Federal land under such paragraph shall be deposited in the special account.
Responsibility for remediation— If a parcel of Federal land reverts to the Secretary under paragraph (1)(A) and the Secretary determines that the Federal land is contaminated with hazardous waste, the eligible entity to which the Federal land was conveyed shall be responsible for remediation of the contamination of the parcel of Federal land.
Applicable law— Any lease, patent, or real estate transaction for Federal land conveyed under subsection (b) is affirmed and validated as having been completed pursuant to, and in compliance with, the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), for the construction of public schools, fire stations, parks, community centers, law enforcement facilities, flood control facilities, and other public infrastructure.
Payment of costs— The Secretary shall pay for any administrative and real estate transfer costs incurred in carrying out the conveyances of Federal land under subsection (b) using amounts from the special account.
Sec. 1402 Use of certain sand and gravel
The movement of common varieties of sand and gravel on a surface estate acquired under Public Law 105–263, Public Law 107–282, or under the provisions of this division, by the owner of the surface estate, for purposes including but not limited to recontouring or balancing the surface estate or filling utility trenches on the surface estate, or the disposal of such sand and gravel at an off-site landfill, shall not constitute the unauthorized use of such sand and gravel.
Sec. 1403 Administration of State water rights
Nothing in this division affects the allocation, ownership, interest, or control, as in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a person.