S. 159: Lyon County Economic Development and Conservation Act

113th Congress, 2013–2015. Text as of Sep 10, 2013 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

Calendar No. 172

113th CONGRESS

1st Session

S. 159

[Report No. 113–94]

IN THE SENATE OF THE UNITED STATES

January 28, 2013

(for himself and Mr. Reid) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 10, 2013

Reported by , with amendments

Omit the part struck through and insert the part printed in italic

A BILL

To designate the Wovoka Wilderness and provide for certain land conveyances in Lyon County, Nevada, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Lyon County Economic Development and Conservation Act .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Land conveyance to Yerington, Nevada.

Sec. 3. Addition to National Wilderness Preservation System.

Sec. 4. Withdrawal.

Sec. 5. Native American cultural and religious uses.

2.

Land conveyance to Yerington, Nevada

(a)

Definitions

In this section:

(1)

City

The term City means the city of Yerington, Nevada.

(2)

Federal land

The term Federal land means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as City of Yerington Sustainable Development Conveyance Lands.

(3)

Map

The term map means the map entitled Yerington Land Conveyance and dated December 19, 2012.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Conveyances of land to city of yerington, nevada

(1)

In general

Not later than 180 days after the date of enactment of this Act, subject to valid existing rights and to such terms and conditions as the Secretary determines to be necessary and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to the City, subject to the agreement of the City, all right, title, and interest of the United States in and to the Federal land identified on the map.

(2)

Appraisal to determine fair market value

The Secretary shall determine the fair market value of the Federal land to be conveyed—

(A)

in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(B)

based on an appraisal that is conducted in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(ii)

the Uniform Standards of Professional Appraisal Practice.

(3)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(4)

Applicable law

Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations).

(5)

Costs

As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay—

(A)

an amount equal to the appraised value determined in accordance with paragraph (2); and

(B)

all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the City under paragraph (1).

3.

Addition to National Wilderness Preservation System

(a)

Findings

Congress finds that—

(1)

the area designated as the Wovoka Wilderness by this section contains unique and spectacular natural 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)

habitat important to the continued survival of the population of the greater sage grouse of western Nevada and eastern California (referred to in this section as the Bi-State population of greater sage-grouse);

(2)

continued preservation of those areas 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;

(D)

protecting air and water quality; and

(E)

protecting and strengthening the Bi-State population of greater sage-grouse; and

(3)

the Secretary of Agriculture should collaborate with the Lyon County Commission and the local community on wildfire and forest management planning and implementation with the goal of preventing catastrophic wildfire and resource damage.

(b)

Definitions

In this section:

(1)

County

The term County means Lyon County, Nevada.

(2)

Map

The term map means the map entitled Wovoka Wilderness Area and dated December 18, 2012.

(3)

Secretary

The term Secretary means the Secretary of Agriculture.

(4)

State

The term State means the State of Nevada.

(5)

Wilderness

The term Wilderness means the Wovoka Wilderness designated by subsection (c)(1).

(c)

Additions to national wilderness preservation system

(1)

Designation

In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Wovoka Wilderness.

(2)

Boundary

The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road.

(3)

Map and legal description

(A)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness.

(B)

Effect

The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the map or legal description.

(C)

Availability

Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(4)

Withdrawal

Subject to valid existing rights, the Wilderness 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.

(d)

Administration

(1)

Management

Subject to valid existing rights, the Wilderness 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 shall be considered to be a reference to the date of enactment of this Act.

(2)

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 considers to be necessary, in accordance with—

(A)

section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and

(B)

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).

(3)

Incorporation of acquired land and interests

Any land or interest in land within the boundary 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.

(4)

Adjacent management

(A)

In general

Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.

(B)

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.

(5)

Overflights

Nothing in this section restricts or precludes—

(A)

low-level overflights of aircraft over the Wilderness, including military overflights that can be seen or heard within the Wilderness;

(B)

flight testing and evaluation; or

(C)

the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness.

(5)

Overflights

(A)

Military overflights

Nothing in this Act restricts or precludes—

(i)

low-level overflights of military aircraft over the Wilderness, including military overflights that can been seen or heard within the Wilderness;

(ii)

flight testing and evaluation; or

(iii)

the designation or creation of new units of special airspace, or the establishment of military flight training routes, over the Wilderness.

(B)

Existing airstrips

Nothing in this Act restricts or precludes low-level overflights by aircraft originating from airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness.

(6)

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 may take any measures in the Wilderness that 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.

(7)

Water rights

(A)

Findings

Congress finds that—

(i)

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—

(aa)

actual or proposed water resource facilities located upstream; and

(bb)

opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land;

(ii)

the Wilderness is generally not suitable for use or development of new water resource facilities; and

(iii)

because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws.

(B)

Purpose

The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right.

(C)

Statutory construction

Nothing in this paragraph—

(i)

constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness;

(ii)

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;

(iii)

establishes a precedent with regard to any future wilderness designations;

(iv)

affects the interpretation of, or any designation made under, any other Act; or

(v)

limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.

(D)

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 Wilderness.

(E)

New projects

(i)

Definition of water resource facility

(I)

In general

In this subparagraph, 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 subparagraph, the term water resource facility does not include wildlife guzzlers.

(ii)

Restriction on new water resource facilities

(I)

In general

Except as otherwise provided in this section, on or after the date of enactment of this Act, no 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 Wilderness, any portion of which is located in the County.

(II)

Exception

If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2).

(8)

Nonwilderness roads

Nothing in this Act prevents the Secretary from implementing or amending a final travel management plan.

(e)

Wildlife management

(1)

In general

In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section 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.

(2)

Management activities

In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out—

(A)

consistent with relevant wilderness management plans; and

(B)

in accordance with—

(i)

the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and

(ii)

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, 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.

(3)

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 in the Wilderness.

(4)

Hunting, fishing, and trapping

(A)

In general

The Secretary 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.

(B)

Consultation

Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1).

(5)

Agreement

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 and the State entitled Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and

(B)

subject to all applicable laws (including regulations).

(f)

Wildlife water development projects

Subject to subsection (d), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness 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 can reasonably be minimized.

4.

Withdrawal

(a)

Definition of withdrawal area

In this section, the term Withdrawal Area means the land administered by the Forest Service and identified as Withdrawal Area on the map described in section 3(b)(2).

(b)

Withdrawal

Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of—

(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 laws, geothermal leasing laws, and mineral materials laws.

(c)

Motorized and mechanical vehicles

(1)

In general

Subject to paragraph (2), use of motorized and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those vehicles, unless the use of those vehicles is needed—

(A)

for administrative purposes; or

(B)

to respond to an emergency.

(2)

Exception

Paragraph (1) does not apply to aircraft (including helicopters).

5.

Native American cultural and religious uses

Nothing in this Act alters or diminishes the treaty rights of any Indian tribe.

September 10, 2013

Reported with amendments