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Douglas County Economic Development and Conservation Act
Introduced Mar 25, 2026 · Last action Jul 15, 2026 — Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
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Summary
This legislation is called the Douglas County Economic Development and Conservation Act. Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4200 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4200
To promote conservation, improve public land, and provide for sensible
development in Douglas County, Nevada, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2026
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To promote conservation, improve public land, and provide for sensible
development in Douglas County, Nevada, 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 ``Douglas County
Economic Development and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--LAND CONVEYANCES
Sec. 101. Conveyance to State of Nevada.
Sec. 102. Conveyance to Douglas County, Nevada.
Sec. 103. Sale of certain Federal land.
Sec. 104. Open space recreation area.
TITLE II--TRIBAL CULTURAL RESOURCES
Sec. 201. Transfer of land to be held in trust for Tribe.
TITLE III--BURBANK CANYONS WILDERNESS
Sec. 301. Addition to National Wilderness Preservation System.
Sec. 302. Administration.
Sec. 303. Fish and wildlife management.
Sec. 304. Release of wilderness study area.
Sec. 305. Native American cultural and religious uses.
TITLE IV--CERTAIN FOREST SERVICE LAND PROVISIONS
Sec. 401. Determination required under the Santini-Burton Act.
Sec. 402. Special use authorizations for recreation and other purposes.
SEC. 2. PURPOSE.
The purpose of this Act is to promote conservation, improve public
land, and provide for sensible development in Douglas County, Nevada,
and for other purposes.
SEC. 3. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Douglas County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Douglas
County Economic Development and Conservation Act'' and dated
March 25, 2026.
(3) 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).
(4) 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 in trust for the
benefit of the Tribe, the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Nevada.
(6) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California.
(7) Wilderness.--The term ``Wilderness'' means the Burbank
Canyons Wilderness designated by section 301(a).
TITLE I--LAND CONVEYANCES
SEC. 101. CONVEYANCE TO STATE OF NEVADA.
(a) Conveyance.--Subject to valid existing rights, the Secretary
concerned shall convey to the State, without consideration, all right,
title, and interest of the United States in and to the land described
in subsection (b).
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 67 acres of Forest Service land generally depicted as
``Lake Tahoe-Nevada State Park'' on the Map.
(c) Costs.--As a condition of the conveyance under subsection (a),
the State shall pay all costs associated with the conveyance, including
costs of surveys, appraisals, environmental response and restoration,
and administrative costs (including closing fees).
(d) Use of Land.--
(1) In general.--The 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) Environmental Response and Restoration.--For purposes of the
conveyance of land under subsection (a), the Secretary concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the land conveyed.
(f) Easements.--As a condition of conveyance of the land under
subsection (a), access easements for roads and trails shall be reserved
in the applicable deed at the discretion of the Secretary concerned.
(g) Survey.--The exact acreage and legal description of the land to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary concerned.
(h) Minor Errors.--The Secretary concerned, in consultation with
the State, may--
(1) make minor boundary adjustments to the land to be
conveyed under subsection (a); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the land to be conveyed under that
subsection.
(i) 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), the land shall, at the discretion of the
Secretary concerned, revert to the United States.
(j) Additional Terms and Conditions.--With respect to the
conveyance of land under subsection (a), the Secretary concerned may
require such additional terms and conditions as the Secretary concerned
determines to be appropriate to protect the interests of the United
States.
SEC. 102. CONVEYANCE TO DOUGLAS COUNTY, NEVADA.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the approximately 7,777 acres of Federal land in
the County that is identified as ``Douglas County Land Conveyances'' on
the Map.
(b) Authorization of Conveyance.--Subject to valid existing rights
and notwithstanding the land use planning requirements of section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712),
on receipt of a request from the County for the conveyance of the
Federal land, the Secretary concerned shall convey to the County,
without consideration, all right, title, and interest of the United
States in and to the Federal land.
(c) Costs.--The County shall pay any costs relating to the
conveyance authorized under subsection (b), including costs of surveys,
appraisals, environmental response and restoration, and administrative
costs (including closing fees).
(d) Use of Federal Land.--
(1) In general.--The Federal land conveyed under subsection
(b)--
(A) shall not be used by the County for purposes
other than flood control, recreation, environmental
quality, or any other public purpose consistent with
the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869
et seq.); and
(B) shall not be disposed of by the County.
(2) Reversion.--If the Federal land conveyed under
subsection (b) is used in a manner inconsistent with paragraph
(1), the Federal land shall, at the discretion of the Secretary
concerned, revert to the United States.
(e) Environmental Response and Restoration.--For purposes of the
conveyance of the Federal land under subsection (b), the Secretary
concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the land conveyed.
(f) Easements.--As a condition of conveyance of the Federal land
under subsection (b), access easements for roads and trails shall be
reserved in the applicable deed at the discretion of the Secretary
concerned.
(g) Survey.--The exact acreage and legal description of the Federal
land to be conveyed under subsection (b) shall be determined by a
survey satisfactory to the Secretary concerned.
(h) Minor Errors.--The Secretary concerned, in consultation with
the County, may--
(1) make minor boundary adjustments to the Federal land to
be conveyed under subsection (b); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the Federal land to be conveyed under
that subsection.
(i) Acquisition of Federal Reversionary Interest.--
(1) Request.--The County may submit to the Secretary
concerned a request to acquire the Federal reversionary
interest in all or any portion of the Federal land conveyed
under subsection (b), subject to the condition that the uses of
that land are consistent with subsection (d)(1).
(2) Appraisal.--
(A) In general.--On receipt of a request under
paragraph (1), the Secretary concerned shall complete
an appraisal of the Federal reversionary interest in
the Federal land requested by the County.
(B) Requirement.--The appraisal under subparagraph
(A) shall be completed in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(iii) the Uniform Standards of Professional
Appraisal Practice.
(3) Conveyance required.--
(A) In general.--If, by the date that is 1 year
after the date of completion of the appraisal under
paragraph (2), the County submits to the Secretary
concerned an offer to acquire the Federal reversionary
interest requested under paragraph (1), the Secretary
concerned, shall convey to the County the reversionary
interest in the Federal land requested with
consideration.
(B) Consideration.--As consideration for the
conveyance of the Federal reversionary interest
conveyed under subparagraph (A), the County shall pay
to the Secretary concerned an amount equal to the
appraised value of the Federal reversionary interest,
as determined under paragraph (2).
(C) Costs of conveyance.--The County shall pay any
costs relating to the conveyance of the Federal
reversionary interest under subparagraph (A), including
any costs for surveys and other administrative costs.
(4) Disposition of proceeds.--Any amounts collected under
this subsection shall be disposed of in accordance with section
103(n).
(j) Revocation of Orders.--Any public land order that withdraws any
parcel of the Federal land from appropriation or disposal under a
public land law shall be revoked to the extent necessary to permit
disposal of the parcel of Federal land.
SEC. 103. SALE OF CERTAIN FEDERAL LAND.
(a) In General.--As soon as practicable after the date of enactment
of this Act, and 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 1 or more sales of the parcels of Federal land
described in subsection (b) to qualified bidders.
(b) Description of Land.--The parcels of Federal land referred to
in subsection (a) are--
(1) the approximately 31.5 acres of public land generally
depicted as ``Lands for Disposal'' on the Map; and
(2) certain Federal land selected in accordance with
subsection (c) for potential disposal by the Secretary
concerned through--
(A) the Carson City Field Office Consolidated
Resource Management Plan (including any subsequent
amendments to that plan); or
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq).
(c) Joint Selection Required.--The Secretary concerned and the
County shall jointly select which parcels of Federal land to offer for
potential disposal under subsection (b)(2).
(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) Survey.--The exact acreage and legal description of a parcel of
Federal land to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary concerned.
(f) Minor Errors.--The Secretary concerned, in consultation with
the County, may--
(1) make minor boundary adjustments to the parcels of
Federal land to be conveyed under subsection (a); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of the parcels of Federal land to be
conveyed under that subsection.
(g) Easements.--As a condition of the conveyance of a parcel of
Federal land under subsection (a), access easements for roads and
trails shall be reserved in the applicable deed at the discretion of
the Secretary concerned.
(h) Environmental Response and Restoration.--For purposes of a
conveyance of a parcel of Federal land under subsection (a), the
Secretary concerned--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the Federal land conveyed.
(i) Additional Terms and Conditions.--With respect to a conveyance
of a parcel of Federal land under subsection (a), the Secretary
concerned may require such additional terms and conditions as the
Secretary concerned determines to be appropriate to protect the
interests of the United States.
(j) Method of Sale.--A sale of a parcel 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.
(k) Recreation and Public Purposes Act Conveyances.--
(1) In general.--Not later than 30 days before any parcel
of Federal land that is identified for disposal by the Carson
City Field Office Consolidated Resource Management Plan (or any
amendment to that plan) is offered for sale under subsection
(a), the State or County may elect to obtain the applicable
parcel of Federal 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 parcel
of Federal land subject to the election 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.).
(3) Reversion.--If any parcel of Federal land conveyed to
the State or County under paragraph (1) is used in a manner
inconsistent with the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.), the Federal land shall, at the discretion of the
Secretary concerned, revert to the United States.
(l) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (3), the Federal land described
in subsection (b) is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(2) Termination.--The withdrawal under paragraph (1) shall
terminate--
(A) on the date of sale or conveyance of title to
the parcel of Federal land (including mineral rights)
described in subsection (b) pursuant to this section;
or
(B) with respect to any parcel of Federal land
described in subsection (b) that is not sold or
exchanged, not later than 2 years after the date on
which the parcel of Federal land was offered for sale
under this section.
(3) Exception.--Paragraph (1)(A) shall not apply to--
(A) a sale of a parcel of Federal land conducted in
accordance with this section; or
(B) an election by the County or the State to
obtain a parcel of Federal land for public purposes
under subsection (k)(1).
(m) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 2 years after the date of enactment of this Act, if
there are 1 or more qualified bidders for the land described in
subsection (b)(1), the Secretary concerned shall offer the land
for sale to the highest qualified bidder.
(2) Postponement; exclusion from sale.--At the request of
the County, the Secretary concerned may temporarily postpone or
exclude from sale under paragraph (1) all or a portion of the
land described in subsection (b).
(n) Disposition of Proceeds.--Of the proceeds of a sale of a parcel
of Federal land under this section--
(1) 5 percent shall be disbursed to the State for use by
the State for general education programs of the State;
(2) 10 percent shall be disbursed to the County for use by
the County for general budgeting purposes; and
(3) 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 without further appropriation and without
fiscal year limitation--
(A) to reimburse costs incurred by the Secretary
concerned in preparing for the sale of the land
described in subsection (b), including costs of
surveys, appraisals, environmental response and
restoration, and administrative costs (including
closing fees);
(B) 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 section 201; and
(C) to acquire environmentally sensitive land or an
interest in environmentally sensitive land in the
County--
(i) pursuant to the Douglas County Open
Space and Agricultural Lands Preservation
Implementation Plan, or any subsequent
amendment to the plan that is undertaken with
full public involvement; and
(ii) for flood control purposes.
(o) Revocation of Orders.--Any public land order that withdraws any
parcel of Federal land described in subsection (b) from appropriation
or disposal under a public land law shall be revoked to the extent
necessary to permit disposal of that parcel of Federal land under this
section.
SEC. 104. OPEN SPACE RECREATION AREA.
(a) Authorization of Conveyance.--Not later than 180 days after the
date on which the Secretary of Agriculture receives a request from the
County, the Secretary of Agriculture shall convey to the County,
without consideration, all right, title, and interest of the United
States in and to the Federal land described in subsection (b) to be
used for recreation purposes.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the approximately 1,084 acres of land generally
depicted as ``Open Space Recreation Area'' on the Map.
(c) Costs.--The County shall pay any costs relating to the
conveyance authorized under subsection (a), including costs of surveys,
appraisals, environmental response and restoration, and administrative
costs (including closing fees).
(d) No Disposal.--A parcel of Federal land conveyed under
subsection (a) shall not be disposed of by the County.
(e) Survey.--The exact acreage and legal description of a parcel of
Federal land to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary of Agriculture.
(f) Minor Errors.--The Secretary of Agriculture, in consultation
with the County, may--
(1) make minor boundary adjustments to a parcel of Federal
land to be conveyed under subsection (a); and
(2) correct any minor errors in the map, acreage estimate,
or legal description of a parcel of Federal land to be conveyed
under that subsection.
(g) Easements.--As a condition of the conveyance of a parcel of
Federal land under subsection (a), access easements for roads and
trails shall be reserved in the applicable deed at the discretion of
the Secretary of Agriculture.
(h) Additional Terms and Conditions.--With respect to the
conveyance of a parcel of Federal land under subsection (a), the
Secretary of Agriculture may require such additional terms and
conditions as the Secretary of Agriculture determines to be appropriate
to protect the interests of the United States.
(i) Environmental Response and Restoration.--For purposes of the
conveyance of a parcel of Federal land under subsection (a), the
Secretary of Agriculture--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h));
(2) shall not otherwise be required to remediate or abate
hazardous substances, pollutants, or contaminants;
(3) shall not otherwise be required to remediate or abate
the presence of solid and hazardous waste and materials that
may be required by applicable Federal, State, and local
environmental laws and regulations; and
(4) shall not otherwise be required to remove any
improvements from the parcel of Federal land conveyed.
(j) Reversion.--If any parcel of Federal land conveyed under
subsection (a) is used in a manner inconsistent with this section, the
parcel of Federal land shall, at the discretion of the Secretary of
Agriculture, revert to the United States.
TITLE II--TRIBAL CULTURAL RESOURCES
SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR TRIBE.
(a) Definition of Trust Land.--In this section, the term ``trust
land'' means--
(1) the land taken into trust under subsection (b); and
(2) any land taken into trust under subsection (c).
(b) Federal Land.--
(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2)--
(A) is transferred to the Secretary of the
Interior;
(B) shall be held in trust by the United States for
the benefit of the Tribe; and
(C) shall be part of the reservation of the Tribe.
(2) Description of federal land.--The land referred to in
paragraph (1) is the approximately 2,470 acres of Federal land
depicted as ``BLM Land Held in Trust-Washoe Tribe'' and ``USFS
Land Held in Trust-Washoe Tribe'' on the Map.
(3) Authority to transfer forest service land.--The
Secretary of Agriculture shall have the authority to
administratively transfer Forest Service land described in
paragraph (2) to the Secretary of the Interior, to be held in
trust for the benefit of the Tribe.
(c) Non-Federal Land.--
(1) In general.--The Secretary of the Interior shall accept
any conveyance of the 199 acres of non-Federal land depicted as
``Fee Lands Held in Trust-Washoe Tribe'' on the Map.
(2) Treatment.--On acceptance of a conveyance under
paragraph (1), the land conveyed to the Secretary of the
Interior under that paragraph--
(A) shall be held in trust by the United States for
the benefit of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(3) Requirement.--A conveyance under paragraph (1) shall be
without consideration.
(d) Survey.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
complete a cadastral survey and accompanying legal description
to establish the boundaries of the trust land.
(2) Federal register publication.--On the completion of the
survey under paragraph (1), the Secretary of the Interior shall
publish in the Federal Register a legal description of the
trust land.
(e) Use of Trust Land.--
(1) Gaming.--The trust land shall not be eligible, or
considered to have been taken into trust, for class II gaming
or class III gaming (as those terms are defined in section 4 of
the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(2) Thinning; landscape restoration.--
(A) In general.--The Secretary of the Interior, in
consultation and coordination with the Tribe, may carry
out on the trust land any fuel reduction and other
landscape restoration activities that are beneficial to
the Tribe and the Bureau of Land Management, including
the restoration of threatened or endangered species
habitat.
(B) Conservation benefits.--Activities carried out
under subparagraph (A) include activities that provide
conservation benefits to a species that--
(i) is not listed as endangered or
threatened under section 4(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)); but
(ii) is--
(I) listed by a State as a
threatened or endangered species;
(II) a species of concern or
special status species; or
(III) a candidate for a listing as
an endangered or threatened species
under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(f) Water Rights.--Nothing in this section affects the allocation,
ownership, interest, or control, as in existence on the date of
enactment of this Act, of any water, water right, or any other valid
existing right held by the United States, an Indian Tribe, a State, or
a person.
TITLE III--BURBANK CANYONS WILDERNESS
SEC. 301. 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 12,392 acres of Federal
land managed by the Bureau of Land Management, as generally depicted on
the Map as ``Burbank Canyons Wilderness'' 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 not less than 100 feet from the
centerline of the road to allow public access.
(c) 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 title, 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.
(d) 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.
SEC. 302. ADMINISTRATION.
(a) Management.--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--
(1) any reference in that Act to the effective date 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 of the Interior.
(b) Livestock.--The grazing of livestock in the Wilderness, if
established before 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 title 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 title 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 for the control of fire,
insects, and diseases, including, as the Secretary concerned determines
to be appropriate, the coordination of the activities with the State or
a local agency.
(h) Data Collection.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and subject to such terms and conditions as the
Secretary concerned may prescribe, the Secretary concerned may
authorize the installation and maintenance of hydrologic, meteorologic,
or climatological collection devices in the Wilderness if the Secretary
concerned determines that the facilities, and access to the facilities,
are essential to flood warning, flood control, or water reservoir
operation activities.
(i) 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
by means different from the means 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 title--
(A) constitutes an express or implied reservation
by the United States of any water or water rights with
respect to the Wilderness;
(B) affects any water rights in the State
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any
future wilderness designations;
(D) affects the interpretation of, or any
designation made under, any other Act; or
(E) limits, alters, modifies, or amends any
interstate compact or equitable apportionment decree
that apportions water among and between the State and
other States.
(4) Nevada water law.--The Secretary concerned shall follow
the procedural and substantive requirements of State law in
order to obtain and hold any water rights not in existence on
the date of enactment of this Act with respect to the
Wilderness.
(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.--In this paragraph, the
term ``water resource facility'' does not
include a wildlife guzzler.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this title, on or after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within any wilderness area,
including a portion of a wilderness area, that is
located in the County.
SEC. 303. 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 title affects or
diminishes the jurisdiction of the State with respect to fish and
wildlife management, including the regulation of hunting, fishing, and
trapping, in the Wilderness.
(b) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary concerned may conduct any management activities in the
Wilderness that are necessary to maintain or restore any fish or
wildlife population, or the habitats to support such a population, 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 and
aircraft 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 (including a designee of the
State) may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary 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.--For the purposes of this subsection, any
reference to ``Douglas County'' in the cooperative agreement
described in paragraph (1)(A) shall be considered to be a
reference to the Wilderness.
SEC. 304. RELEASE OF WILDERNESS STUDY AREA.
(a) Finding.--Congress finds that, for purposes of section 603(c)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the approximately 1,065 acres of public land in the Burbank
Canyons Wilderness study area not designated as wilderness by this
title has been adequately studied for wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this title--
(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 any applicable--
(A) land management plans adopted under section 202
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712); and
(B) cooperative conservation agreements in
existence on the date of enactment of this Act.
SEC. 305. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this title alters or diminishes the treaty rights of any
Indian Tribe (as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)).
TITLE IV--CERTAIN FOREST SERVICE LAND PROVISIONS
SEC. 401. DETERMINATION REQUIRED UNDER THE SANTINI-BURTON ACT.
As soon as practicable after the date on which the Secretary of
Agriculture receives a request from the State or County for a
determination by the Secretary of Agriculture on whether a parcel of
Forest Service land in the County acquired under section 3 of Public
Law 96-586 (commonly known as the ``Santini-Burton Act'') (94 Stat.
3383; 114 Stat. 2357; 130 Stat. 1790) that is identified by the State
or the County in the request is suitable and appropriate for conveyance
under subsection (b) of that section, the Secretary of Agriculture
shall issue a determination.
SEC. 402. SPECIAL USE AUTHORIZATIONS FOR RECREATION AND OTHER PURPOSES.
(a) Issuance of Special Use Authorizations.--To the extent
practicable, not later than 1 year after the date on which the
Secretary of Agriculture receives a proposal and an application from
the County or a unit of local government in the County for the use of
the Federal land described in subsection (b), the Secretary of
Agriculture, in accordance with applicable law, shall--
(1) process the proposal and application of the County or
unit of local government for a special use permit for
recreation or other purposes; and
(2) if the proposal is accepted and the application is
granted, authorize a permit consistent with applicable law for
the use of the Federal land.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the approximately 188 acres of Federal land in the
County generally depicted as ``Directed Special Use Permit'' on the
Map.
(c) Terms and Conditions.--With respect to any special use permit
issued under subsection (a), the Secretary of Agriculture may require
such terms and conditions as the Secretary of Agriculture determines to
be appropriate--
(1) to protect the interests of the United States; and
(2) to ensure compliance with applicable laws (including
regulations) and agency directives.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Sen. Cortez Masto, Catherine [D-NV]DSenateNV
Cosponsors
No cosponsors on record.
Votes
Voting records are not yet available for this bill.