Title IV — S. 367 (Introduced in Senate)

401. Findings

Congress finds that—

(1)

public land administered by the Bureau of Land Management in the County contains unique and spectacular natural, cultural, and historical resources, including—

(A)

priceless habitat for numerous species of plants and wildlife;

(B)

thousands of acres of land that remain in a natural state; and

(C)

numerous sites containing significant cultural and historical artifacts; and

(2)

continued preservation of the public land would benefit the County and all of the United States by—

(A)

ensuring the conservation of ecologically diverse habitat;

(B)

protecting prehistoric cultural resources;

(C)

conserving primitive recreational resources; and

(D)

protecting air and water quality.

402. Definitions

In this title:

(1)

County— The term County means Clark County, Nevada.

(2)

Map— The term Map means the map entitled “Gold Butte National Conservation Area” and dated May 23, 2013.

(3)

Public land— The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(4)

Secretary— The term Secretary means the Secretary of the Interior.

(5)

State— The term State means the State of Nevada.

(6)

Wilderness area— The term wilderness area means a wilderness area designated by section 403(a).

403. Additions to National Wilderness Preservation System

(a)

Additions— In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following public land administered by the Bureau of Land Management in the County is designated as wilderness and as components of the National Wilderness Preservation System:

(1)

Virgin peak wilderness— Certain public land managed by the Bureau of Land Management, comprising approximately 18,296 acres, as generally depicted on the Map, which shall be known as the “Virgin Peak Wilderness”.

(2)

Black ridge wilderness— Certain public land managed by the Bureau of Land Management, comprising approximately 18,192 acres, as generally depicted on the Map, which shall be known as the “Black Ridge Wilderness”.

(3)

Bitter ridge north wilderness— Certain public land managed by the Bureau of Land Management comprising approximately 15,114 acres, as generally depicted on the Map, which shall be known as the “Bitter Ridge North Wilderness”.

(4)

Bitter ridge south wilderness— Certain public land managed by the Bureau of Land Management, comprising approximately 12,646 acres, as generally depicted on the Map, which shall be known as the “Bitter Ridge Wilderness”.

(5)

Billy goat peak wilderness— Certain public land managed by the Bureau of Land Management, comprising approximately 30,460 acres, as generally depicted on the Map, which shall be known as the “Billy Goat Peak Wilderness”.

(6)

Million hills wilderness— Certain public land managed by the Bureau of Land Management, comprising approximately 24,818 acres, as generally depicted on the Map, which shall be known as the “Million Hills Wilderness”.

(7)

Lime canyon wilderness additions— Certain public land managed by the Bureau of Land Management, comprising approximately 10,069 acres, as generally depicted on the Map, which is incorporated in, and shall be managed as part of, the “Lime Canyon Wilderness” designated by section 202(a)(9) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public Law 107–282).

(b)

National landscape conservation system— The wilderness areas shall be administered as components of the National Landscape Conservation System.

(c)

Road offset— The boundary of any portion of a wilderness area that is bordered by a road shall be at least 100 feet away from the centerline of the road so as not to interfere with public access.

(d)

Map and legal description—

(1)

In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2)

Effect— Each map and legal description under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description.

(3)

Availability— Each map and legal description under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

404. Administration

(a)

Management— Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

(b)

Incorporation of acquired land and interests— Any land or interest in land within the boundaries of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area within which the acquired land or interest is located.

(c)

Water rights—

(1)

Findings— Congress finds that—

(A)

the land designated as a wilderness area—

(i)

is within the Mojave Desert;

(ii)

is arid in nature; and

(iii)

includes ephemeral streams;

(B)

the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels;

(C)

the subsurface hydrogeology of the region within which the land designated as a wilderness area is located is characterized by ground water subject to local and regional flow gradients and artesian aquifers;

(D)

the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities;

(E)

there are no actual or proposed water resource facilities and no opportunities for diversion, storage, or other uses of water occurring outside the land designated as a wilderness area that would adversely affect the wilderness or other values of the land; and

(F)

because of the unique nature and hydrology of the desert land designated as a wilderness area and the existence of the Clark County Multi-Species Habitat Conservation Plan, it is possible to provide for proper management and protection of the wilderness, perennial springs, and other values of the land in ways different than the methods used in other laws.

(2)

Statutory construction—

(A)

No reservation— Nothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the land designated as a wilderness area.

(B)

State rights— Nothing in this title affects any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States.

(C)

No precedent— Nothing in this subsection establishes a precedent with regard to any future wilderness designations.

(D)

No effect on compacts— Nothing in this title limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.

(E)

Clark county multi-species habitat conservation plan— Nothing in this title limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the land designated as a wilderness area, including specific management actions for the conservation of perennial springs.

(3)

Nevada water law— The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the land designated as a wilderness area.

(4)

New projects—

(A)

Definition—

(i)

In general— In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.

(ii)

Exclusion— In this paragraph, the term “water resource facility” does not include wildlife guzzlers.

(B)

No licenses or permits— Except as otherwise provided in this title, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the land designated as a wilderness area.

(d)

Withdrawal— Subject to valid existing rights, any Federal land within the wilderness areas, including any land or interest in land that is acquired by the United States within the Gold Butte National Monument after the date of enactment of this Act, is withdrawn from—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

405. Adjacent management

(a)

No buffer zones— Congress does not intend for the designation of land as wilderness areas to lead to the creation of protective perimeters or buffer zones around the wilderness areas.

(b)

Nonwilderness activities— The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.

406. Military, law enforcement, and emergency overflights

Nothing in this title restricts or precludes—

(1)

low-level overflights of military, law enforcement, or emergency medical services aircraft over the area designated as wilderness by this title, including military, law enforcement, or emergency medical services overflights that can be seen or heard within the wilderness area;

(2)

flight testing and evaluation; or

(3)

the designation or creation of new units of special use airspace, or the establishment of military, law enforcement, or emergency medical services flight training routes, over the wilderness area.

407. Release of wilderness study areas

(a)

Finding— Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in any portion of the wilderness study areas located within the Gold Butte National Monument not designated as a wilderness area has been adequately studied for wilderness designation.

(b)

Release— Any Bureau of Land Management land described in subsection (a) that is not designated as a wilderness area—

(1)

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));

(2)

shall be managed in accordance with—

(A)

the land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and

(B)

cooperative conservation agreements in existence on the date of enactment of this Act; and

(3)

shall be subject to—

(A)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(B)

title I.

408. Native American cultural and religious uses

Nothing in this title diminishes—

(1)

the rights of any Indian Tribe; or

(2)

Tribal rights regarding access to Federal land for Tribal activities, including spiritual, cultural, and traditional food-gathering activities.

409. Wildlife management

(a)

In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas.

(b)

Management activities—

(1)

In general— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support the populations may be carried out within the wilderness areas, if the activities—

(A)

are consistent with relevant wilderness management plans; and

(B)

are carried out in accordance with appropriate policies, such as those set forth in Appendix B of House Report 101–405.

(2)

Use of motorized vehicles— The management activities under paragraph (1) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would—

(A)

promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and

(B)

accomplish the purposes described in subparagraph (A) with the minimum impact necessary to reasonably accomplish the task.

(c)

Existing activities— Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, horses, and burros.

(d)

Wildlife water development projects— Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if—

(1)

the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and

(2)

the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.

(e)

Hunting, fishing, and trapping—

(1)

In general— The Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas.

(2)

Consultation— Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1).

(f)

Cooperative agreement— The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas—

(1)

in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled “Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9” and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and

(2)

subject to all applicable laws (including regulations).

410. Wildfire, insect, and disease management

(a)

In general— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each wilderness area as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency).

(b)

Effect— Nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).

411. Climatological data collection

Subject to such terms and conditions as the Secretary may require, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities.

Title IV — Designation of wilderness areas in Clark County, Nevada

IV Designation of wilderness areas in Clark County, Nevada