HR 696 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 696CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 14, 2013CommentsClose CommentsPermalink

Mr. HORSFORD (for himself, Mr. AMODEI, and Mr. HECK of Nevada) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Lyon County Economic Development and Conservation Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Land conveyance to Yerington, Nevada.CommentsClose CommentsPermalink





Sec. 3. Addition to National Wilderness Preservation System.CommentsClose CommentsPermalink





Sec. 4. Withdrawal.CommentsClose CommentsPermalink





Sec. 5. Native American cultural and religious uses.CommentsClose CommentsPermalink

SEC. 2. LAND CONVEYANCE TO YERINGTON, NEVADA.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) CITY- The term ‘City’ means the city of Yerington, Nevada.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(3) MAP- The term ‘map’ means the map entitled ‘Yerington Land Conveyance’ and dated December 19, 2012.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Conveyances of Land to City of Yerington, Nevada-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, subject to valid existing rights 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.CommentsClose CommentsPermalink





(2) APPRAISAL TO DETERMINE FAIR MARKET VALUE- The Secretary shall determine the fair market value of the Federal land to be conveyed--CommentsClose CommentsPermalink





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





(B) based on an appraisal that is conducted in accordance with--CommentsClose CommentsPermalink





(i) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink





(ii) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(5) COSTS- As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay--CommentsClose CommentsPermalink





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





(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).CommentsClose CommentsPermalink

SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the area designated as the Wovoka Wilderness by this section contains unique and spectacular natural resources, including--CommentsClose CommentsPermalink





(A) priceless habitat for numerous species of plants and wildlife;CommentsClose CommentsPermalink





(B) thousands of acres of land that remain in a natural state; andCommentsClose CommentsPermalink





(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’);CommentsClose CommentsPermalink





(2) continued preservation of those areas would benefit the County and all of the United States by--CommentsClose CommentsPermalink





(A) ensuring the conservation of ecologically diverse habitat;CommentsClose CommentsPermalink





(B) protecting prehistoric cultural resources;CommentsClose CommentsPermalink





(C) conserving primitive recreational resources;CommentsClose CommentsPermalink





(D) protecting air and water quality; andCommentsClose CommentsPermalink





(E) protecting and strengthening the Bi-State population of greater sage-grouse; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) COUNTY- The term ‘County’ means Lyon County, Nevada.CommentsClose CommentsPermalink





(2) MAP- The term ‘map’ means the map entitled ‘Wovoka Wilderness Area’ and dated December 18, 2012.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(4) STATE- The term ‘State’ means the State of Nevada.CommentsClose CommentsPermalink





(5) WILDERNESS- The term ‘Wilderness’ means the Wovoka Wilderness designated by subsection (c)(1).CommentsClose CommentsPermalink





(c) Additions to National Wilderness Preservation System-CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) MAP AND LEGAL DESCRIPTION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) WITHDRAWAL- Subject to valid existing rights, the Wilderness is withdrawn from--CommentsClose CommentsPermalink





(A) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





(B) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink





(d) Administration-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





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





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) ADJACENT MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) OVERFLIGHTS- Nothing in this section restricts or precludes--CommentsClose CommentsPermalink





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





(B) flight testing and evaluation; orCommentsClose CommentsPermalink





(C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) WATER RIGHTS-CommentsClose CommentsPermalink





(A) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





(i) the Wilderness is located--CommentsClose CommentsPermalink





(I) in the semiarid region of the Great Basin; andCommentsClose CommentsPermalink





(II) at the headwaters of the streams and rivers on land with respect to which there are few--CommentsClose CommentsPermalink

(aa) actual or proposed water resource facilities located upstream; andCommentsClose CommentsPermalink

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

(ii) the Wilderness is generally not suitable for use or development of new water resource facilities; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) STATUTORY CONSTRUCTION- Nothing in this paragraph--CommentsClose CommentsPermalink





(i) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(iii) establishes a precedent with regard to any future wilderness designations;CommentsClose CommentsPermalink





(iv) affects the interpretation of, or any designation made under, any other Act; orCommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(E) NEW PROJECTS-CommentsClose CommentsPermalink





(i) DEFINITION OF WATER RESOURCE FACILITY-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(II) EXCLUSION- In this subparagraph, the term ‘water resource facility’ does not include wildlife guzzlers.CommentsClose CommentsPermalink





(ii) RESTRICTION ON NEW WATER RESOURCE FACILITIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(8) NONWILDERNESS ROADS- Nothing in this Act prevents the Secretary from implementing or amending a final travel management plan.CommentsClose CommentsPermalink





(e) Wildlife Management-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) consistent with relevant wilderness management plans; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) the Wilderness Act (16 U.S.C. 1131 et seq.); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) HUNTING, FISHING, AND TRAPPING-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(5) AGREEMENT- The State, including a designee of the State, may conduct wildlife management activities in the Wilderness--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) subject to all applicable laws (including regulations).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; andCommentsClose CommentsPermalink





(2) the visual impacts of the structures and facilities on the Wilderness can reasonably be minimized.CommentsClose CommentsPermalink

SEC. 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).CommentsClose CommentsPermalink





(b) Withdrawal- Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of--CommentsClose CommentsPermalink





(1) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(3) operation of the mineral laws, geothermal leasing laws, and mineral materials laws.CommentsClose CommentsPermalink





(c) Motorized and Mechanical Vehicles-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) for administrative purposes; orCommentsClose CommentsPermalink





(B) to respond to an emergency.CommentsClose CommentsPermalink





(2) EXCEPTION- Paragraph (1) does not apply to aircraft (including helicopters).CommentsClose CommentsPermalink

SEC. 5. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

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