Library / Laws / 113th / hr / H.R. 5205 / Reported in House
IB
Union Calendar No. 440
113th CONGRESS
2d Session
H. R. 5205
[Report No. 113–593]
IN THE HOUSE OF REPRESENTATIVES
July 25, 2014
Mr. Amodei (for himself, Mr. Horsford, Mr. Heck of Nevada, and Ms. Titus) introduced the following bill; which was referred to the Committee on Natural Resources
September 15, 2014
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on July 25, 2014
A BILL
To authorize certain land conveyances involving public lands in northern Nevada to promote economic
development and conservation, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Northern Nevada Land Conservation and Economic Development Act.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Pine Forest Range Recreation Enhancement Act
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Addition to National Wilderness Preservation System.
Sec. 104. Administration.
Sec. 105. Release of wilderness study areas.
Sec. 106. Wildlife management.
Sec. 107. Land exchanges.
Sec. 108. Native American cultural and religious uses.
Title II—Lyon County Economic Development and Conservation Act
Sec. 201. Short title; table of contents.
Sec. 202. Land conveyance to Yerington, Nevada.
Sec. 203. Addition to National Wilderness Preservation System.
Sec. 204. Withdrawal.
Sec. 205. Native American cultural and religious uses.
Title III—Carlin Economic Self-Determination Act
Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada.
Title IV—Fernley Economic Self-Determination Act
Sec. 401. Definitions.
Sec. 402. Conveyance of certain Federal land to City of Fernley, Nevada.
Sec. 403. Release of United States.
Title V—Restoring Storey County Act
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Conveyance of Federal land in Storey County, Nevada.
Title VI—Elko Motocross and Tribal Conveyance Act
Sec. 601. Short title.
Sec. 602. Definition of Secretary.
Subtitle A—Elko Motocross Land Conveyance
Sec. 611. Definitions.
Sec. 612. Conveyance of land to Elko County.
Subtitle B—Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)
Sec. 621. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada
(Elko Band).
Title VII—Naval Air Station Fallon Housing and Safety Development Act
Sec. 701. Short title.
Sec. 702. Transfer of Department of the Interior land.
Sec. 703. Water rights.
Sec. 704. Withdrawal.
I
Pine Forest Range Recreation Enhancement Act
101.
Short title
This title may be cited as the Pine Forest Range Recreation Enhancement Act.
102.
Definitions
In this title:
(1)
County
The term County means Humboldt County, Nevada.
(2)
Map
The term Map means the map entitled Proposed Pine Forest Range Wilderness Area and dated October 28, 2013.
(3)
Secretary
The term Secretary means the Secretary of the Interior.
(4)
State
The term State means the State of Nevada.
(5)
Wilderness
The term Wilderness means the Pine Forest Range Wilderness designated by section 103(a).
103.
Addition to National Wilderness Preservation System
(a)
Designation
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
26,000 acres of Federal land managed by the Bureau of Land Management, as
generally depicted on the Map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as
the Pine Forest Range Wilderness.
(b)
Boundary
(1)
Road access
The boundary of any portion of the Wilderness that is bordered by a road shall be 100 feet from the
edge of the road.
(2)
Road Adjustments
The Secretary shall—
(A) reroute the road running through Long Meadow to the west to remove the road from the riparian area;
(B) reroute the road currently running through Rodeo Flat/Corral Meadow to the east to remove the road
from the riparian area;
(C) except for administrative use, close the road along Lower Alder Creek south of Bureau of Land
Management road #2083;
(D) manage the access road, through Little Onion Basin, on the east side of the wet meadow to retain
travel only on the road existing on the date of the enactment of this Act;
and
(E) permanently leave open the Cove Creek road to Little Onion Basin, but close connecting spur roads.
(3)
Little Onion basin
Remove Little Onion Basin from the boundaries of the Wilderness and from wilderness designation.
(4)
Reservoir access
The access road to the Little Onion Reservoir dam will remain open and the boundary of the
Wilderness shall be 160 feet downstream from the dam at Little Onion
Reservoir to allow public access and dam maintenance.
(c)
Map and legal description
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the Wilderness.
(2)
Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may correct clerical
and typographical errors in the map or legal description.
(3)
Availability
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.
(d)
Withdrawal
Subject to valid existing rights, the Wilderness is withdrawn from—
(1) all forms of entry, appropriation, and disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
104.
Administration
(a)
Management
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a
reference to the Secretary.
(b)
Livestock
The grazing of livestock in the Wilderness, if established before the date of enactment of this
Act, is compatible with the Wilderness designation and shall continue,
subject to such reasonable regulations, policies, and practices as the
Secretary considers to be necessary in accordance with—
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2) 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).
(c)
Adjacent management
(1)
In general
Congress does not intend for the designation of the Wilderness to create a protective perimeter or
buffer zone around the Wilderness.
(2)
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within
the Wilderness shall not preclude, limit, control, regulate or determine
the conduct or management of the activities or uses outside the boundary
of the Wilderness.
(d)
Military overflights
Nothing in this Act restricts or precludes—
(1) low-level overflights of military aircraft over the Wilderness, including military overflights that
can be seen, heard, or detected within the Wilderness;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use airspace, or the establishment of military
flight training routes, over the Wilderness.
(e)
Wildfire, insect, and disease management
In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take such measures in the Wilderness as are necessary for the control of
fire, insects, and diseases (including, as the Secretary determines to be
appropriate, the coordination of the activities with a State or local
agency).
(f)
Wildfire management operations
Nothing in this Act shall be construed to preclude a Federal, State, or local agency from
conducting wildfire management or prevention operations (including
operations using aircraft or mechanized equipment) or to interfere with
the authority of the Secretary to authorize mechanical thinning of trees
or underbrush to prevent or control the spread of wildfires or the use of
mechanized equipment for wildfire pre-suppression and suppression.
(g)
Water rights
(1)
Purpose
The purpose of this subsection is to protect the wilderness recreation value of the land designated
as wilderness by this title by means other than a federally reserved water
right.
(2)
Statutory construction
Nothing in this title—
(A) constitutes an express or implied reservation by the United States of any water or water rights
with respect to the Wilderness;
(B) affects any water rights in the State (including any water rights held by the United States) in
existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future wilderness designations;
(D) affects the interpretation of, or any designation made under, any other Act; or
(E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that
apportions water among and between the State and other States.
(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 Wilderness.
(4)
New projects
(A)
Definition of water resource facility
(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, 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)
Restriction on new water resource facilities
Except as otherwise provided in this title, on or after the date of enactment of this Act, neither
the President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for the
development of any new water resource facility within the Wilderness, any
portion of which is located in the County.
105.
Release of wilderness study areas
(a)
In general
The Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section
103(a) have been adequately studied for wilderness character and
wilderness designation pursuant to section 603 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782) and are no longer subject to
any requirement pertaining to the management of wilderness or wilderness
study areas, including the approximately 990 acres in the following
locations:
(1) Lower Adler Creek Basin.
(2) Little Onion Basin.
(3) Lands east of Knott Creek reservoir.
(4) Portions of Corral Meadow and the Blue Lakes trailhead.
(b)
Release
Any public land described in subsection (a) that is not designated as wilderness by this Act—
(1) is no longer subject to—
(A) section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B) Secretarial Order 3310 issued on December 22, 2010;
(2) shall be managed in accordance with—
(A) land management plans adopted under section 202 of the Federal Land Policy and Management Act of
1976 (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 the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
106.
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.
(b)
Management activities
In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the Wilderness that are
necessary to maintain or restore fish and wildlife populations and the
habitats to support those populations, if the activities are carried out—
(1) consistent with relevant wilderness management plans; and
(2) in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) 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 if the use, as
determined by the Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would enhance wilderness
recreation with the minimal impact necessary to reasonably accomplish
those tasks, including but not limited to, the hunting or culling of
wildlife and access for persons with disabilities.
(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 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, transplant, monitor, and provide water for wildlife in
the Wilderness.
(d)
Emergency Closures
Nothing in this title prohibits a Federal land management agency from establishing or implementing
emergency closures or restrictions of the smallest practicable area to
provide for public safety, resource conservation, national security, or
other purposes as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, but no longer than one year,
unless converted to a permanent closure consistent with Federal statute.
(e)
Memorandum of understanding
(1)
In general
The State, including a designee of the State, may conduct wildlife management activities in the
Wilderness—
(A) 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
(B) subject to all applicable laws (including regulations).
(2)
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
Pine Forest Range Wilderness.
107.
Land exchanges
(a)
Definitions
In this section:
(1)
Federal land
The term Federal land means Federal land in the County that is identified for disposal by the Secretary through the
Winnemucca Resource Management Plan.
(2)
Non-Federal land
The term non-Federal land means land identified on the Map as non-Federal lands for exchange.
(b)
Acquisition of land and interests in land
Consistent with applicable law and subject to subsection (c), the Secretary may exchange the
Federal land for non-Federal land.
(c)
Conditions
Each land exchange under subsection (a) shall be subject to—
(1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs
relating to the land exchange, including the costs of appraisals, surveys,
and any necessary environmental clearances; and
(2) such additional terms and conditions as the Secretary may require.
(d)
Deadline for completion of land exchange
It is the intent of Congress that the land exchanges under this section be completed by not later
than 5 years after the date of enactment of this Act.
108.
Native American cultural and religious uses
Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in
section 204 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
II
Lyon County Economic Development and Conservation Act
201.
Short title; table of contents
This title may be cited as the Lyon County Economic Development and Conservation Act.
202.
Land conveyance to Yerington, Nevada
(a)
Definitions
In this section:
(1)
City
The term City means the city of Yerington, Nevada.
(2)
Federal land
The term Federal land means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as City of Yerington Sustainable Development Conveyance Lands.
(3)
Map
The term map means the map entitled Yerington Land Conveyance and dated December 19, 2012.
(4)
Secretary
The term Secretary means the Secretary of the Interior.
(b)
Conveyances of land to city of yerington, Nevada
(1)
In general
Not later than 180 days after the date of enactment of this Act, subject to valid existing rights
and notwithstanding the land use planning requirements of sections 202 and
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), the Secretary shall convey to the City, subject to the agreement of
the City, all right, title, and interest of the United States in and to
the Federal land identified on the map.
(2)
Appraisal to determine fair market value
The Secretary shall determine the fair market value of the Federal land to be conveyed—
(A) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in accordance with—
(i) the Uniform Appraisal Standards for Federal Land Acquisition; and
(ii) the Uniform Standards of Professional Appraisal Practice.
(3)
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
Bureau of Land Management.
(4)
Applicable law
Beginning on the date on which the Federal land is conveyed to the City, the development of and
conduct of activities on the Federal land shall be subject to all
applicable Federal laws (including regulations).
(5)
Costs
As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay—
(A) an amount equal to the appraised value determined in accordance with paragraph (2); and
(B) all costs related to the conveyance, including all surveys, appraisals, and other administrative
costs associated with the conveyance of the Federal land to the City under
paragraph (1).
203.
Addition to National Wilderness Preservation System
(a)
Definitions
In this section:
(1)
County
The term County means Lyon County, Nevada.
(2)
Map
The term map means the map entitled Wovoka Wilderness Area and dated December 18, 2012.
(3)
Secretary
The term Secretary means the Secretary of Agriculture.
(4)
State
The term State means the State of Nevada.
(5)
Wilderness
The term Wilderness means the approximately 47,449 acres to be known as the Wovoka Wilderness designated by subsection
(b)(1).
(b)
Addition to national wilderness preservation system
(1)
Designation
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land
managed by the Forest Service, as generally depicted on the Map, is
designated as wilderness and as a component of the National Wilderness
Preservation System, to be known as the Wovoka Wilderness.
(2)
Boundary
The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the
centerline of the road.
(3)
Map and legal description
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the Wilderness.
(B)
Effect
The map and legal description prepared under subparagraph (A) shall have the same force and effect
as if included in this section, except that the Secretary may correct any
clerical and typographical errors in the map or legal description.
(C)
Availability
Each map and legal description prepared under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(4)
Withdrawal
Subject to valid existing rights, the Wilderness is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(c)
Administration
(1)
Management
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in that Act to the effective date shall be considered to be
a reference to the date of enactment of this Act.
(2)
Livestock
The grazing of livestock in the Wilderness, if established before the date of enactment of this
Act, shall continue, subject to such reasonable regulations, policies, and
practices as the Secretary considers to be necessary, in accordance with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B) 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).
(3)
Adjacent management
(A)
In general
Congress does not intend for the designation of the Wilderness to create a protective perimeter or
buffer zone around the Wilderness.
(B)
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within
the Wilderness shall not preclude, limit, control, regulate, or determine
the conduct of the activities or uses outside the boundary of the
Wilderness.
(4)
Overflights
Nothing in this section restricts or precludes—
(A) low-level overflights of aircraft over the Wilderness, including military overflights that can be
seen, heard, or detected within the Wilderness;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use airspace, or the establishment of military
flight training routes, over the Wilderness.
(5)
Wildfire, insect, and disease management
In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
take any measures in the Wilderness that the Secretary determines to be
necessary for the control of fire, insects, and diseases, including, as
the Secretary determines to be appropriate, the coordination of the
activities with a State or local agency.
(6)
Water rights
(A)
Purpose
The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other
than a federally reserved water right.
(B)
Statutory construction
Nothing in this paragraph—
(i) constitutes an express or implied reservation by the United States of any water or water rights
with respect to the Wilderness;
(ii) affects any water rights in the State (including any water rights held by the United States) in
existence on the date of enactment of this Act;
(iii) establishes a precedent with regard to any future wilderness designations;
(iv) affects the interpretation of, or any designation made under, any other Act; or
(v) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that
apportions water among and between the State and other States.
(C)
Nevada water law
The Secretary shall follow the procedural and substantive requirements of State law in order to
obtain and hold any water rights not in existence on the date of enactment
of this Act with respect to the Wilderness.
(D)
New projects
(i)
Definition of water resource facility
(I)
In general
In this subparagraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission and other
ancillary facilities, and other water diversion, storage, and carriage
structures.
(II)
Exclusion
In this subparagraph, the term water resource facility does not include wildlife guzzlers.
(ii)
Restriction on new water resource facilities
(I)
In general
Except as otherwise provided in this section, on or after the date of enactment of this Act,
neither the President nor any officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for the
development of any new water resource facility within the Wilderness, any
portion of which is located in the County.
(II)
Exception
If a permittee within the Bald Mountain grazing allotment submits an application for the
development of water resources for the purpose of livestock watering by
the date that is 10 years after the date of enactment of this Act, the
Secretary shall issue a water development permit within the non-wilderness
boundaries of the Bald Mountain grazing allotment for the purposes of
carrying out activities under paragraph (2).
(d)
Wildlife management
(1)
In general
In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section affects or diminishes the jurisdiction of the State with respect
to fish and wildlife management, including the regulation of hunting,
fishing, and trapping, in the Wilderness.
(2)
Management activities
In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may conduct any management activities in the Wilderness that are
necessary to maintain or restore fish and wildlife populations and the
habitats to support the populations, if the activities are carried out—
(A) consistent with relevant wilderness management plans; and
(B) in accordance with—
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as those set forth in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101–405), including the
occasional and temporary use of motorized vehicles and aircraft, if the
use, as determined by the Secretary, would promote healthy, viable, and
more naturally distributed wildlife populations that would enhance
wilderness values with the minimal impact necessary to reasonably
accomplish those tasks, including but not limited to, the hunting or
culling of wildlife and access for persons with disabilities.
(3)
Existing activities
Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with
appropriate policies such as those set forth in Appendix B of House Report
101–405, the State may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and provide water for wildlife
populations in the Wilderness.
(4)
Emergency Closures
Nothing in this title prohibits a Federal land management agency from establishing or implementing
emergency closures or restrictions of the smallest practicable area to
provide for public safety, resource conservation, national security, or
other purposes as authorized by law. Such an emergency closure shall
terminate after a reasonable period of time, unless converted to a
permanent closure consistent with Federal statute.
(5)
Memorandum of understanding
The State, including a designee of the State, may conduct wildlife management activities in the
Wilderness—
(A) in accordance with the terms and conditions specified in the cooperative agreement between the
Secretary and the State entitled Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of
Wildlife State of Nevada and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary
on January 24, 1984, including any amendments, appendices, or additions to
the agreement agreed to by the Secretary and the State or a designee; and
(B) subject to all applicable laws (including regulations).
(e)
Wildlife water development projects
Subject to subsection (c), the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects (including guzzlers) in the Wilderness if—
(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 can reasonably be minimized.
204.
Withdrawal
(a)
Definition of withdrawal area
In this section, the term Withdrawal Area means the land administered by the Forest Service and identified as Withdrawal Area on the map described in section 203(a)(2).
(b)
Withdrawal
Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all
forms of—
(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 laws, geothermal leasing laws, and mineral materials laws.
(c)
Motorized and mechanical vehicles
(1)
In general
Subject to paragraph (2), use of motorized and mechanical vehicles in the Withdrawal Area shall be
permitted only on roads and trails designated for the use of those
vehicles, unless the use of those vehicles is needed—
(A) for administrative purposes; or
(B) to respond to an emergency.
(2)
Exception
Paragraph (1) does not apply to aircraft (including helicopters).
205.
Native American cultural and religious uses
Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in
section 204 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
III
Carlin Economic Self-Determination Act
301.
Conveyance of certain Federal land to City of Carlin, Nevada
(a)
Definitions
In this title:
(1)
City
The term City means the City of Carlin, Nevada.
(2)
Federal land
The term Federal land means the approximately 1329 acres of land located in the City of Carlin, Nevada, that is
identified on the map as Carlin Selected Parcels.
(3)
Map
The term map means the map entitled Proposed Carlin, Nevada Land Sales map dated October 25, 2013.
(b)
Conveyance required
Subject to valid existing rights and notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the Federal
land, the Secretary shall convey to the City, without consideration, all
right, title, and interest of the United States to and in the Federal
land.
(c)
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
Bureau of Land Management.
(d)
Costs
At closing for the conveyance authorized under subsection (b) the City shall pay or reimburse the
Secretary, as appropriate, for the reasonable transaction and
administrative personnel costs associated with the conveyance authorized
under such subsection, including the costs of title searches, maps, and
boundary and cadastral surveys.
(e)
Release of United States
Upon making the conveyance under subsection (b), notwithstanding any other provision of law, the
United States is released from any and all liabilities or claims of any
kind or nature arising from the presence, release, or threat of release of
any hazardous substance, pollutant, contaminant, petroleum product (or
derivative of a petroleum product of any kind), solid waste, mine
materials or mining related features (including tailings, overburden,
waste rock, mill remnants, pits, or other hazards resulting from the
presence of mining related features) on the Federal land in existence on
or before the date of the conveyance.
(f)
Withdrawal
Subject to valid existing rights, the Federal land identified for conveyance shall be withdrawn
from all forms of—
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral materials and geothermal leasing laws.
IV
Fernley Economic Self-Determination Act
401.
Definitions
In this title:
(1)
City
The term City means the City of Fernley, Nevada.
(2)
Federal land
The term Federal land means the land located in the City of Fernley, Nevada, that is identified as Proposed Sale Parcels on the map.
(3)
Map
The term map means the map entitled Proposed Fernley, Nevada, Land Sales and dated January 25, 2013.
402.
Conveyance of certain Federal land to City of Fernley, Nevada
(a)
Conveyance authorized
Subject to valid existing rights and notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1713), not later than 180 days after the date on which the
Secretary of the Interior receives a request from the City for the Federal
land, the Secretary shall convey to the City, without consideration, all
right, title, and interest of the United States to and in the Federal
land.
(b)
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the
Bureau of Land Management.
(c)
Reservation of easements and rights-of-Way
The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to
be conveyed, including easements or rights-of-way that the Bureau of
Reclamation determines are necessary to carry out—
(1) the operation and maintenance of the Truckee Canal Irrigation District Canal; or
(2) the Newlands Project.
(d)
Costs
At closing for the conveyance authorized under subsection (a), the City shall pay or reimburse the
Secretary, as appropriate, for the reasonable transaction and
administrative personnel costs associated with the conveyance authorized
under such subsection, including the costs of title searches, maps, and
boundary and cadastral surveys.
403.
Release of United States
Upon making the conveyance under section 402, notwithstanding any other provision of law, the
United States is released from any and all liabilities or claims of any
kind or nature arising from the presence, release, or threat of release of
any hazardous substance, pollutant, contaminant, petroleum product (or
derivative of a petroleum product of any kind), solid waste, mine
materials or mining related features (including tailings, overburden,
waste rock, mill remnants, pits, or other hazards resulting from the
presence of mining related features) on the Federal land in existence on
or before the date of the conveyance.
V
Restoring Storey County Act
501.
Short title
This title may be cited as the Restoring Storey County Act.
502.
Definitions
In this title:
(1)
County
The term County means Storey County, Nevada.
(2)
Federal land
The term Federal land means the approximately 1,745 acres of Federal land identified on the map as BLM Owned - County Request Transfer.
(3)
Map
The term map means the map titled Restoring Storey County Act and dated November 20, 2012.
(4)
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.
503.
Conveyance of Federal land in Storey County, Nevada
Subject to valid existing rights and notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1713), not later than 180 days after the date of the
enactment of this Act and if requested by the County, the Secretary shall
convey to the County, by quitclaim deed, all surface rights of the United
States in and to the Federal land, including any improvements thereon. All
costs associated with the conveyance under this section shall be the
responsibility of the Bureau of Land Management.
VI
Elko Motocross and Tribal Conveyance Act
601.
Short title
This title may be cited as the Elko Motocross and Tribal Conveyance Act.
602.
Definition of Secretary
In this title, the term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.
A
Elko Motocross Land Conveyance
611.
Definitions
In this subtitle:
(1)
County
The term county means the county of Elko, Nevada.
(2)
Map
The term map means the map entitled Elko Motocross Park and dated April 19, 2013.
612.
Conveyance of land to Elko County
(a)
In general
As soon as practicable after the date of enactment of this Act, subject to valid existing rights
and the provisions of this section, if requested by the county the
Secretary shall convey to the county, without consideration, all right,
title, and interest of the United States in and to the land described in
subsection (b).
(b)
Description of land
The land referred to in subsection (a) consists of approximately 275 acres of land managed by the
Bureau of Land Management, Elko District, Nevada, as generally depicted on
the map as Elko Motocross Park.
(c)
Map and legal description
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the
legal description of the parcel to be conveyed under this section.
(2)
Minor errors
The Secretary may correct any minor error in the map or the legal description.
(3)
Availability
The map and legal description shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d)
Use of conveyed land
The land conveyed under this subtitle shall be used only as a motocross, bicycle, off-highway
vehicle, or stock car racing area, or for any other public purpose
consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.).
(e)
Administrative costs
The Secretary shall require the county to pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents for, and
transfers of title to, the land described in subsection (b).
B
Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)
621.
Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (Elko Band)
(a)
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)—
(1) shall be held in trust by the United States for the benefit and use of the Te-moak Tribe of Western
Shoshone Indians of Nevada (Elko Band) (referred to in this subtitle as
the Tribe); and
(2) shall be part of the reservation of the Tribe.
(b)
Description of land
The land referred to in subsection (a) is the approximately 373 acres of land administered by the
Bureau of Land Management, as generally depicted on the map as Expansion Area.
(c)
Map
The term map means the map entitled Te-moak Tribal Land Expansion, dated April 19, 2013. This map shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d)
Survey
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a
survey of the boundary lines to establish the boundaries of the land taken
into trust under subsection (a).
(e)
Use of trust land
(1)
Gaming
Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken
into trust, for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
(2)
General uses
(A)
In general
The Tribe shall use the land taken into trust under subsection (a) only for—
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Tribe; or
(iii) residential or recreational development.
(B)
Other uses
If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other
than a purpose described in subparagraph (A), the Tribe shall pay to the
Secretary an amount that is equal to the fair market value of the portion
of the land, as determined by an appraisal.
(3)
Thinning; landscape restoration
With respect to the land taken into trust under subsection (a), the Secretary, in consultation and
coordination with the Tribe, may carry out any fuels reduction and other
landscape restoration activities on the land that is beneficial to the
Tribe and the Bureau of Land Management.
VII
Naval Air Station Fallon Housing and Safety Development Act
701.
Short title
This title may be cited as the Naval Air Station Fallon Housing and Safety Development Act.
702.
Transfer of Department of the Interior land
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior
shall transfer to the Secretary of the Navy, without reimbursement, the
Federal land described in subsection (b).
(b)
Description of Federal land
The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land
under the jurisdiction of the Secretary of the Interior that—
(1) is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875).
(c)
Management
On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the
Secretary of the Navy shall have full jurisdiction, custody, and control
of the Federal land.
703.
Water rights
(a)
Water rights
Nothing in this title shall be construed—
(1) to establish a reservation in favor of the United States with respect to any water or water right
on lands transferred by this title; or
(2) to authorize the appropriation of water on lands transferred by this title except in accordance
with applicable State law.
(b)
Effect on previously acquired or reserved water rights
This section shall not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of this Act.
704.
Withdrawal
Subject to valid existing rights, the Federal land to be transferred under section 702 is withdrawn
from all forms of appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal leasing laws, so long
as the land remains under the administrative jurisdiction of the Secretary
of the Navy.
September 15, 2014
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed