S. 4200

119 S4200 IS: Douglas County Economic Development and Conservation Act
 U.S. Senate
 2026-03-25
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4200  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.
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.
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.
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).
I
Land conveyances
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.
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.
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.
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.
II
Tribal cultural resources
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.
III
Burbank Canyons Wilderness
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.
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.
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.
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.
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 )).
IV
Certain Forest Service land provisions
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.
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.