I
113th CONGRESS
1st Session
H. R. 2276
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mr. Horsford (for himself and Ms. Titus) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To promote economic development and to preserve the Lake Mead 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.
Short title; table of contents
Short title
This Act may be cited
as the Virgin Valley Tourism and Lake
Mead Preservation Act
.
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—Tourism Promotion and Economic Development
Sec. 101. Findings.
Sec. 102. Visitor center, research, and interpretation.
Sec. 103. Local consultation on energy development.
Sec. 104. Local airport development extension and multi-species habitat conservation plan.
Sec. 105. Lake Mead tourism access.
Sec. 106. Clark County off-road vehicle trail designation.
Sec. 107. Virgin Valley Tourism and Economic Advisory Council.
Title II—Gold Butte National Conservation Area
Sec. 201. Establishment of Gold Butte National Conservation Area.
Sec. 202. Management of Conservation Area.
Sec. 203. General provisions.
Sec. 204. Virgin Valley water district.
Sec. 205. Gold Butte National Conservation Area Advisory Council.
Title III—Designation of wilderness areas in Clark County, Nevada
Sec. 301. Additions to National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Adjacent management.
Sec. 304. Military, law enforcement, and emergency overflights.
Sec. 305. Release of wilderness study areas.
Sec. 306. Native American cultural and religious uses.
Sec. 307. Wildlife, wildfire, insect, and disease management; data collection.
Sec. 308. National Park System land.
Title IV—General provisions
Sec. 401. Termination of withdrawal of Bureau of Land Management land.
Sec. 402. Relationship to Clark Count Multi-Species Habitat Conservation Plan.
Sec. 403. Motorized vehicles.
Findings
Congress finds that—
the public land north of Lake Mead, in southeastern Nevada generally known as Gold Butte is recognized for outstanding—
scenic values;
natural resources, including critical habitat, sensitive species, wildlife, desert tortoise habitat, and geology;
historic resources, including historic mining, ranching and other western cultures, and pioneer activities; and
cultural resources, including evidence of prehistoric habitation and rock art;
Lake Mead and Gold Butte have become a destination for diverse recreation opportunities, including camping, hiking, hunting, fishing, motorized recreation, and sightseeing;
Lake Mead and Gold Butte draw visitors from throughout the United States;
Lake Mead and Gold Butte provide important economic benefits to Mesquite and other nearby communities;
inclusion of the Gold Butte National Conservation Area in the National Landscape Conservation System would provide increased opportunities for—
interpretation of the diverse values of the area for the visiting public; and
education and community outreach in the region; and
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.
Definitions
In this Act:
Advisory council
The term Advisory Council means the Gold Butte National Conservation Area Advisory Council established under title II.
Conservation area
The term Conservation Area means the Gold Butte National Conservation Area established by title II.
County
The term County means Clark County, Nevada.
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.
Virgin Valley Tourism and Economic Advisory Council
The term Virgin Valley Tourism and Economic Advisory Council has the meaning designated by section 107.
Management plan
The term management plan means the management plan for the Conservation Area developed under title II.
Map
The
term Map means the map entitled Gold Butte National
Conservation Area
and dated May 23, 2013.
Public land
The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Nevada.
Wilderness area
The term wilderness area means a wilderness areas designated by title III.
Tourism Promotion and Economic Development
Findings
Congress finds that—
the management of Federal lands has been shown to be more effective when local stakeholders are regularly consulted to enhance the understanding of unique concerns and opportunities;
the Lake Mead and Gold Butte areas are rich in cultural, archaeological, natural, historical, and scenic resources;
the communities adjacent to the Gold Butte National Conservation Area should be able to enjoy recreational access to the region, while preserving the natural beauty and resources of the region;
the Lake Mead and Gold Butte regions possess significant economic potential;
the outdoor recreation industry directly impacts Nevada’s economy, bolstering it annually by $14.9 billion in consumer spending and 148,000 jobs; and
the economic benefits of protected lands include higher growth in investment income and entrepreneurial activity, and an increase in local tourism and new residents seeking the quality of life provided by Federal lands protections.
Visitor center, research, and interpretation
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—
to serve visitors; and
to assist in fulfilling the purposes of—
the Lake Mead National Recreation Area;
the Grand Canyon-Parashant National Monument; and
the Conservation Area.
Requirements
The Secretary shall ensure that the visitor center authorized under subsection (a) is designed—
to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resource of each of the areas described in that subsection; and
to serve as an interagency field office for each of the areas described in that subsection.
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.
Local consultation on energy development
As soon as practicable, but not later than 2 years, after the date of the enactment of this title, the Secretary, in cooperation with the Virgin Valley Tourism and Economic Advisory Council and any other public or private entities that the Secretary may determine to be appropriate, shall complete a study regarding local renewable energy development in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan.
Local airport development extension and multi-species habitat conservation plan
Extension of purchase authority and withdrawals
Section 3 of Public Law 99–548 (100 Stat. 3061, 113 Stat. 1501A–166) is amended—
in subsection (e)—
in paragraph
(1)(A), by striking For a period of 12 years after the date of the
enactment of this Act
and inserting Until November 29,
2021
;
in paragraph (3),
by striking Not later than 10 years after the date of the enactment of
this subsection
and inserting Not later than November 29,
2021
; and
in paragraph (5),
by striking the date that is 12 years after the date of the enactment of
this subsection
and inserting November 29, 2021
;
and
in subsection
(f)(3), by striking the date that is 12 years after the date of the
enactment of this subsection
and inserting November 29,
2021
.
Implementation of multi-Species habitat conservation plans
Section 3(d)(3)(B) of Public Law 99–548
(100 Stat. 3061, 116 Stat. 2018) is amended by inserting and
implementation
after development
.
Lake Mead tourism access
Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with the Virgin Valley Tourism and Economic Advisory Council, as defined in section 107 of this Act, shall implement a plan to provide local boat access to Lake Mead, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan.
Clark County off-road vehicle trail designation
Study
In general
Not later than 2 years after the enactment of this Act, the Secretary shall complete a study with a focus on existing, designated routes outside the National Conservation Area established by this Act in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973, and the Clark County Multi-Species Habitat Conservation Plan for an Off-Highway Vehicle Trail (referred to in this section as the Trail).
Preferred route
Based on the study conducted under paragraph (1), the Secretary, in consultation with the Virgin Valley Tourism and Economic Advisory Council, as defined in section 3 of this Act, and any interested persons, shall identify the preferred route for the Trail.
Designation of Trail
In general
Subject to paragraph (2), not later than 1 year after the date on which the study is completed under subsection (a), the Secretary may designate a Trail.
Limitations
The Secretary may designate a Trail after determining a route for the Trail that would not have significant negative impacts on wildlife, natural or cultural resources, or traditional uses.
Virgin Valley Tourism and Economic Advisory Council
Establishment
Not
later than 180 days after the date of the enactment of this Act, the Secretary
shall establish an advisory council, to be known as the Virgin Valley
Tourism and Economic Advisory Council
.
Applicable law
The Virgin Valley Tourism and Economic Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Members
In general
The Virgin Valley Tourism and Economic Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable—
4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council;
1 member shall be appointed after considering the recommendations of the Bunkerville, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and
5 at-large members from the County shall be appointed after considering the recommendations of the County Commission.
Representation
The Secretary shall ensure that the membership of the Virgin Valley Tourism and Economic Advisory Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Virgin Valley Tourism and Economic Advisory Council.
Initial appointment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall appoint the initial members of the Virgin Valley Tourism and Economic Advisory Council in accordance with paragraph (1).
Duties of the virgin valley tourism and economic advisory council
The Virgin Valley Tourism and Economic Advisory Council shall advise the Secretary with respect to the preparation and implementation of economic development initiatives.
Compensation
Members of the Virgin Valley Tourism and Economic Advisory Council shall receive no compensation for serving on the Council.
Chairperson
In general
The Virgin Valley Tourism and Economic Advisory Council shall elect a Chairperson from among its members.
Term
The term of the Chairperson shall be 3 years.
Term of members
In general
The term of a member of the Virgin Valley Tourism and Economic Advisory Council shall be 3 years.
Successors
Notwithstanding the expiration of a 3-year term of a member of the Virgin Valley Tourism and Economic Advisory Council, a member may continue to serve on the Virgin Valley Tourism and Economic Advisory Council until a successor is appointed.
Vacancies
In general
A vacancy on the Virgin Valley Tourism and Economic Advisory Council shall be filled in the same manner in which the original appointment was made.
Appointment for remainder of term
A member appointed to fill a vacancy on the Virgin Valley Tourism and Economic Advisory Council shall serve for the remainder of the term for which the predecessor was appointed.
Gold Butte National Conservation Area
Establishment of Gold Butte National Conservation Area
Establishment
There is established the Gold Butte National Conservation Area in the State.
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.
Map and legal description
In general
As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of 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.
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.
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.
Management of Conservation Area
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.
Management plan
Plan required
Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Conservation Area.
Consultation
The Secretary shall prepare the management plan in consultation with the State, local and tribal government entities, the Advisory Council, and the public.
Requirements
The management plan shall—
describe the appropriate uses and management of the Conservation Area; and
include a recommendation on interpretive and educational materials regarding the cultural and biological resources of the region within which the Conservation Area is located.
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.
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).
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 the enactment of this Act shall become part of the Conservation Area and be managed as provided in subsection (a).
National landscape conservation system
The Conservation Area shall be administered as a component of the National Landscape Conservation System.
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.
General provisions
No buffer zones
In general
The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area.
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.
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 the enactment of this Act, is withdrawn from—
entry, appropriation or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Special management areas
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.
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.
Virgin Valley water district
Notwithstanding any other provisions of law, the Secretary shall manage the area to allow continued and reasonable use and access by the Virgin Valley Water District, including use of motorized vehicles and equipment, within its rights-of-way, to access, monitor, maintain, and operate water diversions, facilities, and improvements facilitating lawful beneficial use of its existing and future water rights appropriated under applicable State law.
Gold Butte National Conservation Area Advisory Council
Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the Gold Butte National Conservation Area Advisory Council.
Duties
The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan.
Applicable law
The Advisory Council shall be subject to—
the Federal Advisory Committee Act (5 U.S.C. App.); and
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Members
In general
The Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable—
4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council;
1 member shall be appointed after considering the recommendations of the Bunkerville, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board;
1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and
5 at-large members from the County shall be appointed after considering the recommendations of the County Commission.
Special appointment considerations
The at-large members appointed under paragraph (1)(F) shall have backgrounds that reflect—
the purposes for which the Conservation Area was established; and
the interests of persons affected by the planning and management of the Conservation Area.
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.
Initial appointment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall appoint the initial members of the Advisory Council in accordance with paragraph (1).
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.
Compensation
Members of the Advisory Council shall receive no compensation for serving on the Advisory Council.
Chairperson
In general
The Advisory Council shall elect a Chairperson from among the members of the Advisory Council.
Term
The term of the Chairperson shall be 3 years.
Term of members
In general
The term of a member of the Advisory Council shall be 3 years.
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.
Vacancies
In general
A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made.
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.
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.
Designation of wilderness areas in Clark County, Nevada
Additions to National Wilderness Preservation System
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:
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.
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.
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.
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.
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.
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.
Lake mead wilderness
Certain public land within the Lake Mead National Recreation Area, comprising approximately 102,032 acres, as generally depicted on the Map, which shall be known as the Lake Mead Wilderness.
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.
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.
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.
Map and legal description
In general
As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
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.
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.
Administration
Management
Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
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 the 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.
Water rights
Findings
Congress finds that—
the land designated as a wilderness area—
is within the Mojave Desert;
is arid in nature; and
includes ephemeral streams;
the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels;
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;
the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities;
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
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.
Statutory construction
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.
State rights
Nothing in this title affects any water rights in the State existing on the date of the enactment of this Act, including any water rights held by the United States.
No precedent
Nothing in this subsection establishes a precedent with regard to any future wilderness designations.
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.
Nevada water law
The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of the enactment of this Act with respect to the land designated as a wilderness area.
New projects
Definition
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.
Exclusion
In this paragraph, the term water resource facility does not include wildlife guzzlers.
No licenses or permits
Except as otherwise provided in this title, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the land designated as a wilderness area.
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 the enactment of this Act, is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Adjacent management
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.
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
Military, law enforcement, and emergency overflights
Nothing in this Act restricts or precludes—
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;
flight testing and evaluation; or
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.
Release of wilderness study areas
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.
Release
Any Bureau of Land Management land described in subsection (a) that is not designated as a wilderness area—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
shall be managed in accordance with—
the land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and
cooperative conservation agreements in existence on the date of the enactment of this Act; and
shall be subject to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Native American cultural and religious uses
Nothing in this title diminishes—
the rights of any Indian tribe; or
tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.
Wildlife, wildfire, insect, and disease management; data collection
In general
In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas.
Management activities
In 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—
are consistent with relevant wilderness management plans; and
are carried out in accordance with appropriate policies, such as those set forth in Appendix B of House Report 101–405.
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—
promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and
accomplish the purposes described in subparagraph (A) with the minimum impact necessary to reasonably accomplish the task.
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.
Wildlife water development projects
Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if—
the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and
the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.
Hunting, fishing, and trapping
In general
The Secretary may designate, 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.
Consultation
Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1).
Cooperative agreement
The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas—
in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and
subject to all applicable laws (including regulations).
Wildfire, insect, and disease management
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).
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)).
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.
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.
General provisions
Termination of withdrawal of Bureau of Land Management land
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.
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.
Map and legal description
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).
Minor errors
The Secretary may correct any minor error in—
the Map; or
the legal description.
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.
Relationship to Clark County Multi-Species Habitat Conservation Plan
Amendment to Plan
The Secretary shall credit, on an acre-for-acre basis, approximately 124,000 acres of multiple use lands being conserved under this Act toward the development of additional non-Federal land within the County through an amendment to the Clark County Multi-Species Habitat Conservation Plan.
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).
Conservation management areas
Nothing in this Act otherwise 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.
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.
Motorized vehicles
In general
The use of motorized vehicles shall be permitted on designated routes.
Exceptions
In cases which motorized vehicles are required to respond to an emergency, or for administrative purposes, the use of vehicles shall be permitted beyond designated routes.
Notice
The Secretary shall provide information to the public regarding any designated routes that are open, have been rerouted, or are temporarily closed through—
use of appropriate signage within the Conservation Area; and
the distribution of maps, safety education materials, law enforcement, and other information considered to be appropriate by the Secretary.
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.
Map on file
The Secretary shall keep a current map on file at the appropriate offices of the Bureau of Land Management.