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II
113th CONGRESS
1st Session
S. 1054
IN THE SENATE OF THE UNITED STATES
May 23, 2013
Mr. Reid introduced the
following bill; which was read twice and referred to the
Committee on Energy and Natural
Resources
A BILL
To establish the Gold Butte National Conservation Area in
Clark County, Nevada in order to conserve, protect, and enhance the cultural,
archaeological, natural, wilderness, scientific, geological, historical,
biological, wildlife, educational, and scenic resources of the area, to
designate wilderness areas, and for other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Gold Butte National
Conservation Area Act.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—Gold Butte National Conservation Area
Sec. 101. Establishment of Gold Butte National Conservation
Area.
Sec. 102. Management of Conservation Area.
Sec. 103. General provisions.
Sec. 104. Gold Butte National Conservation Area Advisory
Council.
TITLE II—Designation of wilderness areas in Clark County,
Nevada
Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation
System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Military, law enforcement, and emergency
overflights.
Sec. 206. Release of wilderness study areas.
Sec. 207. Native American cultural and religious
uses.
Sec. 208. Wildlife management.
Sec. 209. Wildfire, insect, and disease management.
Sec. 210. Climatological data collection.
Sec. 211. National Park System land.
TITLE III—General provisions
Sec. 301. Relationship to Clark County Multi-Species Habitat
Conservation Plan.
Sec. 302. Visitor center, research, and
interpretation.
Sec. 303. Termination of withdrawal of Bureau of Land
Management land.
2.
Findings
Congress finds that—
(1) the public land
in southeastern Nevada generally known as Gold Butte is
recognized for outstanding—
(A) scenic
values;
(B) natural
resources, including critical habitat, sensitive species, wildlife, desert
tortoise habitat, and geology;
(C) historic
resources, including historic mining, ranching and other western cultures, and
pioneer activities; and
(D) cultural
resources, including evidence of prehistoric habitation and rock art;
(2) Gold Butte has
become a destination for diverse recreation opportunities, including camping,
hiking, hunting, motorized recreation, and sightseeing;
(3) Gold Butte draws
visitors from throughout the United States;
(4) Gold Butte
provides important economic benefits to Mesquite and other nearby
communities;
(5) inclusion of the
Gold Butte National Conservation Area in the National Landscape Conservation
System would provide increased opportunities for—
(A) interpretation of
the diverse values of the area for the visiting public; and
(B) education and
community outreach in the region; and
(6) designation of
Gold Butte as a National Conservation Area will permanently protect the scenic,
biological, natural, historical, scientific, paleontological, recreational,
ecological, wilderness, and cultural resources within the area.
3.
Definitions
In this Act:
(1)
Advisory
council
The term Advisory Council means the Gold
Butte National Conservation Area Advisory Council established under section
104(a).
(2)
Conservation
area
The term Conservation Area means the Gold Butte
National Conservation Area established by section 101(a).
(3)
County
The
term County means Clark County, Nevada.
(4)
Designated
route
The term designated route means a road that is
designated as open by the Route Designations for Selected Areas of Critical
Environmental Concern Located in the Northeast Portion of the Las Vegas BLM
District Environmental Assessment, NV–052–2006–0433.
(5)
Management
plan
The term management plan means the management
plan for the Conservation Area developed under section 102(b).
(6)
Map
The
term Map means the map entitled Gold Butte National
Conservation Area and dated May 23, 2013.
(7)
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).
(8)
Secretary
The
term Secretary means the Secretary of the Interior.
(9)
State
The
term State means the State of Nevada.
(10)
Wilderness
area
The term wilderness area means a wilderness
areas designated by section 202(a).
I
Gold
Butte National Conservation Area
101.
Establishment
of Gold Butte National Conservation Area
(a)
Establishment
There
is established the Gold Butte National Conservation Area in the State.
(b)
Area
included
The Conservation Area shall consist of approximately
348,515 acres of public land administered by the Bureau of Land Management in
the County, as generally depicted on the Map.
(c)
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 the
Conservation 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
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 minor errors in the map or legal description.
(3)
Public
availability
A copy of the map and legal description shall be on
file and available for public inspection in the appropriate offices of the
Bureau of Land Management and the National Park Service.
102.
Management of
Conservation Area
(a)
Purposes
In
accordance with this title, the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), and other applicable laws, the Secretary shall manage
the Conservation Area in a manner that conserves, protects, and enhances the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of the
Conservation Area.
(b)
Management
plan
(1)
Plan
required
Not later than 3 years after the date of enactment of
this Act, the Secretary shall develop a management plan for the long-term
protection and management of the Conservation Area.
(2)
Consultation
The
Secretary shall prepare the management plan in consultation with the State,
local and tribal government entities, the Advisory Council, and the
public.
(3)
Requirements
The
management plan shall—
(A) describe the
appropriate uses and management of the Conservation Area; and
(B) include a
recommendation on interpretive and educational materials regarding the cultural
and biological resources of the region within which the Conservation Area is
located.
(4)
Incorporation
of route designations
The management plan shall incorporate the
decisions in the Route Designations for Selected Areas of Critical
Environmental Concern Located in the Northeast Portion of the Las Vegas BLM
District Environmental Assessment, NV–052–2006–0433.
(c)
Uses
The
Secretary shall allow only such uses of the Conservation Area that the
Secretary determines would further the purpose of the Conservation Area
described in subsection (a).
(d)
Incorporation
of acquired land and interests
Any land or interests in land
located within the boundary of the Conservation Area that is acquired by the
United States after the date of enactment of this Act shall become part of the
Conservation Area and be managed as provided in subsection (a).
(e)
Motorized
vehicles
(1)
In
general
Except in cases in which motorized vehicles are needed
for administrative purposes or to respond to an emergency, the use of motorized
vehicles shall be permitted only on designated routes.
(2)
Monitoring and
evaluation
The Secretary shall annually—
(A) assess the
effects of the use of motorized vehicles on designated routes; and
(B) in consultation
with the Nevada Department of Wildlife, assess the effects of designated routes
on wildlife and wildlife habitat to minimize environmental impacts and prevent
damage to cultural and historical resources from the use of designated
routes.
(3)
Management
(A)
In
general
The Secretary shall manage designated routes in a manner
that—
(i) is
consistent with motorized and mechanized use of the designated routes that is
authorized on the date of the enactment of this Act;
(ii) ensures the
safety of the people that use the designated routes;
(iii) does not damage
sensitive habitat or cultural or historical resources; and
(iv) provides for
adaptive management of resources and restoration of damaged habitat or
resources.
(B)
Rerouting
(i)
In
general
A designated route may be temporarily closed or rerouted
if the Secretary, in consultation with the State, the County, and the Advisory
Council, subject to subparagraph (C), determines that—
(I) the designated
route is having an adverse impact on—
(aa) sensitive
habitat;
(bb) natural
resources;
(cc) cultural
resources; or
(dd) historical
resources;
(II) the designated
route threatens public safety;
(III) temporary
closure of the designated route is necessary to repair—
(aa) the
designated route; or
(bb) resource damage;
or
(IV) modification of
the designated route would not significantly affect access within the
Conservation Area.
(ii)
Priority
If
the Secretary determines that the rerouting of a designated route is necessary
under clause (i), the Secretary may give priority to existing roads designated
as closed.
(iii)
Duration
A
designated route that is temporarily closed under clause (i) shall remain
closed only until the date on which the resource or public safety issue that
led to the temporary closure has been resolved.
(C)
Notice
The
Secretary shall provide information to the public regarding any designated
routes that are open, have been rerouted, or are temporarily closed
through—
(i) use
of appropriate signage within the Conservation Area; and
(ii) the distribution
of maps, safety education materials, law enforcement, and other information
considered to be appropriate by the Secretary.
(4)
No effect on
non-Federal land or interests in non-Federal land
Nothing in this
section affects ownership, management, or other rights relating to non-Federal
land or interests in non-Federal land.
(5)
Map on
file
The Secretary shall keep a current map on file at the
appropriate offices of the Bureau of Land Management.
(6)
Road
construction
Except as necessary for administrative purposes or
to respond to an emergency, the Secretary shall not construct any permanent or
temporary road within the Conservation Area after the date of enactment of this
Act.
(f)
National
landscape conservation system
The Conservation Area shall be
administered as a component of the National Landscape Conservation
System.
(g)
Hunting,
fishing, and trapping
Nothing in this title affects the
jurisdiction of the State with respect to fish and wildlife, including hunting,
fishing, and trapping in the Conservation Area.
103.
General
provisions
(a)
No buffer
zones
(1)
In
general
The establishment of the Conservation Area shall not
create an express or implied protective perimeter or buffer zone around the
Conservation Area.
(2)
Private
land
If the use of, or conduct of an activity on, private land
that shares a boundary with the Conservation Area is consistent with applicable
law, nothing in this title concerning the establishment of the Conservation
Area prohibits or limits the use or conduct of the activity.
(b)
Withdrawals
Subject
to valid existing rights, all public land within the Conservation Area,
including any land or interest in land that is acquired by the United States
within the Conservation Area 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.
(c)
Special
management areas
(1)
In
general
The establishment of the Conservation Area shall not
affect the management status of any area within the boundary of the
Conservation Area that is protected under the Clark County Multi-Species
Habitat Conservation Plan.
(2)
Conflict of
laws
If there is a conflict between the laws applicable to an
area described in paragraph (1) and this title, the more restrictive provision
shall control.
104.
Gold Butte
National Conservation Area Advisory Council
(a)
Establishment
Not
later than 180 days after the date of enactment of this Act, the Secretary
shall establish an advisory council, to be known as the Gold Butte
National Conservation Area Advisory Council.
(b)
Duties
The
Advisory Council shall advise the Secretary with respect to the preparation and
implementation of the management plan.
(c)
Applicable
law
The Advisory Council shall be subject to—
(1) the Federal
Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(d)
Members
(1)
In
general
The Advisory Council shall include 13 members to be
appointed by the Secretary, of whom, to the extent practicable—
(A) 4 members shall
be appointed after considering the recommendations of the Mesquite, Nevada,
City Council;
(B) 1 member shall be
appointed after considering the recommendations of the Bunkerville, Nevada,
Town Advisory Board;
(C) 1 member shall be
appointed after considering the recommendations of the Moapa Valley, Nevada,
Town Advisory Board;
(D) 1 member shall be
appointed after considering the recommendations of the Moapa, Nevada, Town
Advisory Board;
(E) 1 member shall be
appointed after considering the recommendations of the Moapa Band of Paiutes
Tribal Council; and
(F) 5 at-large
members from the County shall be appointed after considering the
recommendations of the County Commission.
(2)
Special
appointment considerations
The at-large members appointed under
paragraph (1)(F) shall have backgrounds that reflect—
(A) the purposes for
which the Conservation Area was established; and
(B) the interests of
persons affected by the planning and management of the Conservation
Area.
(3)
Representation
The
Secretary shall ensure that the membership of the Advisory Council is fairly
balanced in terms of the points of view represented and the functions to be
performed by the Advisory Council.
(4)
Initial
appointment
Not later than 180 days after the date of enactment
of this Act, the Secretary shall appoint the initial members of the Advisory
Council in accordance with paragraph (1).
(e)
Duties of the
advisory council
The Advisory Council shall advise the Secretary
with respect to the preparation and implementation of the management plan,
including budgetary matters relating to the Conservation Area.
(f)
Compensation
Members
of the Advisory Council shall receive no compensation for serving on the
Advisory Council.
(g)
Chairperson
(1)
In
general
The Advisory Council shall elect a Chairperson from among
the members of the Advisory Council.
(2)
Term
The
term of the Chairperson shall be 3 years.
(h)
Term of
members
(1)
In
general
The term of a member of the Advisory Council shall be 3
years.
(2)
Successors
Notwithstanding
the expiration of a 3-year term of a member of the Advisory Council, a member
may continue to serve on the Advisory Council until a successor is
appointed.
(i)
Vacancies
(1)
In
general
A vacancy on the Advisory Council shall be filled in the
same manner in which the original appointment was made.
(2)
Appointment for
remainder of term
A member appointed to fill a vacancy on the
Advisory Council shall serve for the remainder of the term for which the
predecessor was appointed.
(j)
Termination
The
Advisory Council shall terminate not later than 3 years after the date on which
the final version of the management plan is published.
II
Designation of
wilderness areas in Clark County, Nevada
201.
Findings
Congress finds that—
(1) public land
administered by the Bureau of Land Management, Bureau of Reclamation, and
National Park Service 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.
202.
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 National Park Service or 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)
Overton
wilderness
Certain Federal land within the Lake Mead National
Recreation Area, comprising approximately 23,227 acres, as generally depicted
on the Map, which shall be known as the Overton
Wilderness.
(8)
Twin springs
wilderness
Certain Federal land within the Lake Mead National
Recreation Area, comprising approximately 9,684 acres, as generally depicted on
the Map, which shall be known as the Twin Springs
Wilderness.
(9)
Scanlon wash
wilderness
Certain Federal land within the Lake Mead National
Recreation Area, comprising approximately 22,826 acres, as generally depicted
on the Map, which shall be known as the Scanlon Wash
Wilderness.
(10)
Hiller
mountains wilderness
Certain Federal land within the Lake Mead
National Recreation Area, comprising approximately 14,832 acres, as generally
depicted on the Map, which shall be known as the Hiller Mountains
Wilderness.
(11)
Hell's kitchen
wilderness
Certain Federal land within the Lake Mead National
Recreation Area, comprising approximately 12,439 acres, as generally depicted
on the Map, which shall be known as the Hell's Kitchen
Wilderness.
(12)
Indian hills
wilderness
Certain Federal land within the Lake Mead National
Recreation Area, comprising approximately 8,955 acres, as generally depicted on
the Map, which shall be known as the Indian Hills
Wilderness.
(13)
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 administered
by the Bureau of Land Management 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)
Lake
offset
The boundary of any portion of a wilderness area that is
bordered by Lake Mead or the Colorado River shall be 300 feet inland from the
high water line.
(e)
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 and the National Park Service.
203.
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 Conservation Area 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.
204.
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.
205.
Military, law
enforcement, and emergency overflights
Nothing in this Act restricts or
precludes—
(1) low-level
overflights of military, law enforcement, or emergency medical services
aircraft over the area designated as wilderness by this Act, 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.
206.
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 Conservation Area
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 the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
207.
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.
208.
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).
209.
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 Act 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)).
210.
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.
211.
National Park
System land
To the extent any
of the provisions of this title are in conflict with laws (including
regulations) or management policies applicable to Federal land within the Lake
Mead National Recreation Area designated as a wilderness area, the laws
(including regulations) or policies shall control.
III
General
provisions
301.
Relationship
to Clark County Multi-Species Habitat Conservation Plan
(a)
In
general
Nothing in this Act limits, alters, modifies, or amends
the Clark County Multi-Species Habitat Conservation Plan with respect to the
Conservation Area and the wilderness areas, including the specific management
actions contained in the Clark County Multi-Species Habitat Conservation Plan
for the conservation of perennial springs.
(b)
Conservation
management areas
The Secretary shall credit the Conservation Area
and the wilderness areas as Conservation Management Areas, as may be required
by the Clark County Multi-Species Habitat Conservation Plan (including
amendments to the plan).
(c)
Management
plan
In developing the management plan, to the extent consistent
with this section, the Secretary may incorporate any provision of the Clark
County Multi-Species Habitat Conservation Plan.
302.
Visitor
center, research, and interpretation
(a)
In
general
The Secretary, acting through the Director of the Bureau
of Land Management, may establish, in cooperation with any other public or
private entities that the Secretary may determine to be appropriate, a visitor
center and field office in Mesquite, Nevada—
(1) to serve
visitors; and
(2) to assist in
fulfilling the purposes of—
(A) the Lake Mead
National Recreation Area;
(B) the Grand
Canyon-Parashant National Monument; and
(C) the Conservation
Area.
(b)
Requirements
The
Secretary shall ensure that the visitor center authorized under subsection (a)
is designed—
(1) to interpret the
scenic, biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources of each of the
areas described in that subsection; and
(2) to serve as an
interagency field office for each of the areas described in that
subsection.
(c)
Cooperative
agreements
The Secretary may, in a manner consistent with this
Act, enter into cooperative agreements with the State, the State of Arizona,
and any other appropriate institutions and organizations to carry out the
purposes of this section.
303.
Termination of
withdrawal of Bureau of Land Management land
(a)
Termination of
withdrawal
The withdrawal of the parcels of Bureau of Land
Management land described in subsection (b) for use by the Bureau of
Reclamation is terminated.
(b)
Description of
land
The parcels of land referred to in subsection (a) consist of
the Bureau of Land Management land identified on the Map as Transfer
from BOR to BLM.
(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 land
reverting to the Bureau of Land Management under subsection (a).
(2)
Minor
errors
The Secretary may correct any minor error in—
(A) the Map;
or
(B) 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 and the Bureau of
Reclamation.