S. 1263 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1263 IN THE SENATE OF THE UNITED STATES June 27, 2013 Mr. Heller (for himself and Mr. Reid) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Douglas County Conservation Act of 2013. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Wilderness area Sec. 101. Findings. Sec. 102. Addition to National Wilderness Preservation System. Sec. 103. Administration. Sec. 104. Fish and wildlife management. Sec. 105. Release of wilderness study area. Sec. 106. Native American cultural and religious uses. TITLE II—Tribal cultural resources Sec. 201. Transfer of land to be held in trust for the Washoe Tribe. Sec. 202. Cooperative management agreement. TITLE III—Public conveyances Sec. 301. Conveyance to the State of Nevada. Sec. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area. Sec. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or local government for public purposes. Sec. 304. Conveyance and lease to Douglas County, Nevada. Sec. 305. Sale of certain Federal land. 2. Definitions In this Act: (1) County The term County means Douglas County, Nevada. (2) 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). (3) Secretary concerned The term Secretary concerned means— (A) with respect to National Forest System land, the Secretary of Agriculture. acting through the Chief of the Forest Service; and (B) with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior. (4) State The term State means the State of Nevada. (5) Tribe The term Tribe means the Washoe Tribe of Nevada and California. (6) Wilderness The term Wilderness means the Burbank Canyon Wilderness designated by section 102(a). I Wilderness area 101. Findings Congress finds that— (1) public land in the County contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those resources 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. 102. 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 12,330 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Proposed Burbank Canyon Wilderness and dated June 26, 2013, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Burbank Canyons Wilderness. (b) Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) National landscape conservation system The Wilderness shall be administered as a component of the National Landscape Conservation System. (d) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned 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 Act, except that the Secretary concerned may correct any minor error in the map or legal description. (3) Availability A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (1) all forms of entry, appropriation, or 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. 103. Administration (a) In general Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act— (1) to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock Within the Wilderness, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue subject to such reasonable regulations, policies, and practices as the Secretary concerned 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) Incorporation of acquired land and interests Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) 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 or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) 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 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 flight training routes, over the Wilderness. (f) Existing airstrips Nothing in this Act restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned may take any measures in the Wilderness that the Secretary concerned determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary concerned determines to be necessary. (h) Water rights (1) Findings Congress finds that— (A) the Wilderness is located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) Statutory construction Nothing in this Act— (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. (4) Nevada water law The Secretary concerned shall follow the procedural and substantive requirements of State law so as to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) 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 The term water resource facility does not include wildlife guzzlers. (B) Restriction on new water resource facilities Except as otherwise provided in this Act, 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 any wilderness area, including a portion of a wilderness area, that is located in the County. 104. Fish and 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 Act 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 concerned may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support those populations, if the activities are carried out— (1) in a manner that is 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 concerned, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (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 populations in the Wilderness. (d) Hunting, fishing, and trapping (1) In general The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) Consultation Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (e) Cooperative agreement (1) In general 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 of the Interior and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary of the Interior and the State; and (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 Wilderness. 105. Release of wilderness study area (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 Burbank Canyons Wilderness study area not designated as wilderness by section 102 has been adequately studied for wilderness designation. (b) Release Any public land described in subsection (a) that is not designated as wilderness by this Act— (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)); and (2) shall be managed in accordance with— (A) 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. 106. 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. II Tribal cultural resources 201. Transfer of land to be held in trust for the Washoe Tribe (a) In general Subject to valid existing rights, including rights-of-way, 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 of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,178 acres of land, as generally depicted on the Map as To Washoe Tribe. (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 202. Cooperative management agreement (a) In general The Secretary of Agriculture, in consultation with the Tribe and County, shall develop and implement a cooperative management agreement for the land described in subsection (b)— (1) to preserve cultural resources; (2) to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and (3) to protect recreational uses. (b) Description of land The land referred to in subsection (a) consists of the approximately 1,811 acres of land, as generally depicted on the Map as Cooperative Management Area. III Public conveyances 301. Conveyance to the State of Nevada (a) Conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall convey to the State, subject to valid existing rights, for no 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) is the approximately 67 acres of Forest Service land, as generally depicted on the Map as Lake Tahoe-Nevada State Park. (c) Costs Any costs relating to the conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of land (1) In general Any land conveyed to the State under subsection (a) shall be used only for— (A) the conservation of wildlife or natural resources; or (B) a public park. (2) Facilities Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), that land shall, at the discretion of the Secretary concerned, revert to the United States. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area (a) Prospectus Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall make publicly available a prospectus to solicit one or more concessionaires for— (1) the approximately 200 acres of land as generally depicted on the Map as Round Hill Pines Resort; and (2) the approximately 416 acres of land as generally depicted on the Map as Zephyr Shoals. (b) Exclusions (1) Special use permits This section shall not apply to any land or portion of land described in subsection (a) for which a concessionaire has a contract to operate under a special use permit issued before the date of enactment of this Act. (2) Prior prospectuses This section shall not apply to any land or portion of land described in subsection (a) for which the Secretary of Agriculture has made publicly available before the date of enactment of this Act a prospectus for that land or portion of land. (c) Consultation In carrying out this section, the Secretary of Agriculture shall consult with the Tribe, the County, the State, and other interested parties— (1) to satisfy any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332); and (2) to prepare for the orderly and smooth transition of the operation of the land described in subsection (a) to one or more concessionaires. (d) Treatment of proceeds Any fees received under a concession contract under this section shall remain available to the Forest Service, until expended, without further appropriations, for use within the Lake Tahoe Basin Management Unit under the authorities provided by the Act of April 24, 1950 (commonly known as the Granger-Thye Act) (64 Stat. 82, chapter 97). (e) Administrative jurisdiction transfer (1) In general If the Secretary of Agriculture has not entered into a concession contract for the land described in subsection (a) by the date that is 2 years after the date on which the prospectus is published under that subsection, consistent with section 3(a) of Public Law 96–586 (94 Stat. 3383) (commonly known as the Santini-Burton Act), the Secretary of Agriculture shall transfer to the County, without consideration, administrative jurisdiction of that land for a period of 99 years. (2) Exception If the Secretary of Agriculture has taken steps to enter into a concession contract for the land described in subsection (a), including substantial completion of any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), the transfer of administrative jurisdiction under paragraph (1) shall not take place unless the Secretary of Agriculture has not entered into a concession contract by the date that is 30 months after the date on which the prospectus is published under subsection (a). (3) Costs Any costs relating to a transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (4) Use of land Any property transferred to the County under paragraph (1) shall— (A) be managed by the County— (i) to maintain undeveloped open space; (ii) to preserve the natural characteristics of the land in perpetuity; and (iii) to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (B) be used for diverse recreation opportunities or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (5) Reversion If any land or portion of land transferred under this section is used in a manner that is inconsistent with this section, the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or unit of local government for public purposes (a) In general Consistent with section 3(b) of Public Law 96–586 (commonly known as the Santini-Burton Act) (94 Stat. 3384), on request by the State or County, the Secretary may transfer the land or interests in land described in subsection (b) to the State, County, or applicable unit of local government without consideration, subject to appropriate deed restrictions to protect the environmental quality and public recreational use of the land transferred. (b) Description of land The land referred to in subsection (a) is any Forest Service land that is within the boundaries of the area subject to acquisition that is unsuitable for Forest Service administration or necessary for a public purpose, as depicted on the map entitled Douglas County Conservation Act of 2013 and dated June 27, 2013. (c) Use of land The land transferred under subsection (a) shall— (1) be managed by the State, County, or unit of local government to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; (2) be managed by the State, County, or unit of local government to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (3) be used by the State, County, or unit of local government for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (d) Reversion If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with the use described for the parcel of land in subsection (c), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (e) Legal description and map As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the land transferred under subsection (a). 304. Conveyance and lease to Douglas County, Nevada (a) Definition of map In this section and section 305, the term Map means the map entitled Douglas County, Nevada and dated March 1, 2012. (b) Authorization of conveyance Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall— (1) convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b); and (2) lease to the County, without consideration, the approximately 5,232 acres of land identified on the Map as BLM Flood Control. (c) Description of land The land referred to in subsection (b)(1) consists of— (1) the approximately 5,441 acres of land as generally depicted on the Map as Flood Control and Management; (2) the approximately 45 acres of land as generally depicted on the Map as Water Resource Infrastructure; (3) the approximately 2,263 acres of land as generally depicted on the Map as Recreation and Public Purposes; and (4) the approximately 815 acres of land as generally depicted on the Map as Forest Service recreation parcels. (d) Costs Any costs relating to the conveyance under subsection (b)(1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (e) Use of land (1) Flood control and management area (A) In general The land described in subsection (c)(1) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) recreation, including the construction of trails and trailhead facilities; (iv) the use of motorized vehicles on designated roads, trails, and areas; (v) undeveloped open space, customary agricultural practices, wildlife protection; and (vi) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(1) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (2) Water resource infrastructure (A) In general The land described in subsection (c)(2) shall be managed by the County for— (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) passive recreation; (iv) undeveloped open space and wildlife protection; and (v) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(2) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (3) Recreation and public purposes (A) In general The land described in subsection (c)(3) shall be managed by the County for— (i) undeveloped open space; and (ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (B) Reversion If the land described in subsection (c)(3) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (4) Forest service recreation (A) In general The land described in subsection (c)(4) shall be managed by the County for— (i) undeveloped open space; (ii) customary agricultural practices; (iii) wildlife protection; and (iv) the preservation of the natural characteristics of the land, in perpetuity. (B) Reversion If the land described in subsection (c)(4) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. 305. Sale of certain Federal land (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall, in accordance with the other provisions of that Act and any other applicable law, and subject to valid existing rights, conduct one or more sales of the Federal land described in subsection (b) to qualified bidders. (b) Description of land The Federal land referred to in subsection (a) consists of— (1) the approximately 287 acres of public lands as generally depicted on the Map as BLM Lands for Conveyance; and (2) not more than 10,000 acres of land in the County that— (A) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and (B) is identified for disposal by the Secretary concerned through— (i) the Carson City Consolidated Resource Management Plan; or (ii) any subsequent amendment to the management plan that is undertaken with full public involvement. (c) Joint selection required The Secretary concerned and the County shall jointly select which Federal land described in subsection (b)(2) to offer for sale under subsection (a). (d) Compliance with local planning and zoning laws Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with— (1) County zoning ordinances; and (2) any master plan for the area approved by the County. (e) Method of sale; consideration The sale of Federal land under subsection (a) shall be— (1) through a competitive bidding process, unless otherwise determined by the Secretary concerned; and (2) for not less than fair market value. (f) Recreation and public purposes act conveyances (1) In general Not later than 30 days before any land described in subsection (b)(2)(B) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (2) Retention Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (g) Withdrawal (1) In general Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from— (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) Exception Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (h) Deadline for sale (1) In general Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder. (2) Postponement; exclusion from sale At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale all or a portion of the land described in subsection (b). (i) Disposition of proceeds (1) In general Of the proceeds from the sale of land under this section— (A) 5 percent shall be disbursed to the State for use by the State for general education programs of the State; (B) 10 percent shall be disbursed to the County for use by the County to implement the County Open Space and Agricultural Implementation Plan; and (C) 85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the Douglas County Special Account, which shall be available to the Secretary concerned until expended, without further appropriation— (i) to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including— (I) the costs of surveys and appraisals; and (II) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713); (ii) to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and (iii) to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County, pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan that is undertaken with full public involvement. (j) Availability of funds Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 Stat. 1114) is amended— (1) in paragraph (3)(A)(iv), by striking Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5)) and inserting Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City subject to paragraph (5)), and Douglas County (subject to paragraph (6)); (2) in paragraph (3)(A)(v), by striking Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5)) and inserting Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City (subject to paragraph (5)), and Douglas County (subject to paragraph (6)); and (3) by adding at the end the following: (6) Limitation for douglas county Douglas County shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks, trails, or natural areas and for conservation initiatives— (A) within the Carson River watershed; (B) within the Walker River watershed; or (C) for the protection of sage grouse. .