[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1054 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1054
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.
SEC. 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).
TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.).
SEC. 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.
SEC. 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).
SEC. 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)).
SEC. 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.
SEC. 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.
TITLE III--GENERAL PROVISIONS
SEC. 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.
SEC. 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.
SEC. 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.
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