S. 4200 — Douglas County Economic Development and Conservation Act

This section directs the Secretary of Agriculture to convey to the State of Nevada, without consideration and subject to valid existing rights, approximately 67 acres of Forest Service land generally depicted as “Lake Tahoe-Nevada State Park” on the map, as determined by survey. As conditions of conveyance, Nevada must pay all costs (including surveys, appraisals, environmental response and restoration, and administrative costs); the land must be used only for wildlife or natural resource conservation or as a public park (with facilities managed consistently and reversion to the United States for inconsistent use); and the Secretary must comply with hazardous substance disclosure requirements under CERCLA section 120(h) (42 U.S.C. 9620(h)) but is not required to remediate or abate hazardous substances, pollutants, contaminants, solid or hazardous wastes or materials, or remove improvements. The section further authorizes the Secretary to reserve access easements, make minor boundary adjustments or corrections, and impose additional terms to protect U.S. interests.

This section authorizes the Secretary concerned to convey, upon request from Douglas County, Nevada, approximately 7,777 acres of identified federal land in the county to the county without consideration, subject to valid existing rights and notwithstanding land use planning requirements under the Federal Land Policy and Management Act of 1976; requires the county to pay all related costs, including surveys, appraisals, environmental response and restoration, and administrative costs; and revokes conflicting public land withdrawal orders to the extent necessary. The conveyed land (1) must be used only for flood control, recreation, environmental quality, or other public purposes consistent with the Recreation and Public Purposes Act; (2) may not be disposed of by the county; and (3) reverts to the United States at the Secretary's discretion if used inconsistently. For the conveyance, the Secretary must comply with hazardous substance disclosure requirements under CERCLA section 120(h) (42 U.S.C. 9620(h)) but is not required to remediate or abate hazardous substances, pollutants, contaminants, solid or hazardous waste, or remove improvements; reserves access easements for roads and trails at the Secretary's discretion; and determines the exact acreage and legal description by survey, with allowance for minor boundary adjustments or corrections. This section further authorizes the county to request acquisition of the federal reversionary interest in the conveyed land (if uses remain consistent), requires an appraisal of that interest under specified standards, and directs conveyance of the interest for its appraised value (with the county paying related costs) if the county offers payment within one year of appraisal completion.

This section directs the Secretary concerned to conduct one or more sales, as soon as practicable after enactment and notwithstanding land use planning requirements of the Federal Land Policy and Management Act (FLPMA), of approximately 31.5 acres of public land depicted as “Lands for Disposal” on the map and additional parcels jointly selected with Carson City County under the Carson City Field Office Consolidated Resource Management Plan or FLPMA. Sales must occur through competitive bidding (unless otherwise determined) for not less than fair market value and not later than two years after enactment; the county must certify that qualified bidders agree to comply with county zoning ordinances and master plans; exact acreage and descriptions are determined by survey; and the Secretary may make minor boundary adjustments, correct errors, reserve access easements, and impose additional terms to protect U.S. interests. The section further (1) withdraws the land from all forms of entry, appropriation, disposal under public land laws, mining laws, and mineral/geothermal leasing until sold or two years after offered for sale; (2) allows the state or county to elect, not later than 30 days before any Carson City plan-identified parcel is offered, to obtain it for public purposes under the Recreation and Public Purposes Act (with reversion to the United States for misuse); and (3) requires compliance with hazardous substance disclosure under CERCLA section 120(h) (42 U.S.C. 9620(h)) for land transfers but exempts the United States from remediating or abating hazardous substances, pollutants, contaminants, solid or hazardous waste, or removing improvements.

This section directs the Secretary of Agriculture to convey to the County, without consideration and not later than 180 days after receiving a request, approximately 1,084 acres of specified federal land depicted as “Open Space Recreation Area” on the map for recreation purposes. The section requires the County to pay all related costs (including surveys, appraisals, environmental response and restoration, and administrative fees); prohibits disposal of the land by the County; authorizes surveys, minor boundary adjustments and error corrections, reserved access easements, and additional terms to protect U.S. interests; limits federal environmental obligations to disclosures of hazardous substances under section 120(h) of CERCLA (42 U.S.C. 9620(h)) with no further remediation or abatement required; and provides for reversion to the United States, at the Secretary's discretion, if the land is used inconsistently.

This section transfers approximately 2,470 acres of federal land (Bureau of Land Management and Forest Service parcels) to the Secretary of the Interior to be held in trust for the benefit of the Washoe Tribe and made part of the Tribe's reservation, and requires the Secretary to accept conveyance of 199 acres of non-Federal land (without consideration) for the same trust and reservation purposes. The section further directs the Secretary to complete a boundary survey of the trust land (totaling approximately 2,669 acres) and publish its legal description in the Federal Register; prohibits gaming under the Indian Gaming Regulatory Act on the trust land; authorizes the Secretary, in coordination with the Tribe, to conduct fuel reduction and landscape restoration activities on the trust land (including to benefit State-listed threatened or endangered species, species of concern, or candidates for Endangered Species Act listing); and specifies that it does not affect existing water rights.

This section designates approximately 12,392 acres of federal land managed by the Bureau of Land Management, as generally depicted on the map entitled “Burbank Canyons Wilderness,” as the Burbank Canyons Wilderness and as a component of the National Wilderness Preservation System. The boundary of any portion bordered by a road is set not less than 100 feet from the road's centerline to allow public access. Subject to valid existing rights, the wilderness area is withdrawn from all forms of entry, appropriation, or disposal under public land laws; location, entry, and patent under mining laws; and disposition under mineral and geothermal leasing or mineral materials laws.

This section directs the Secretary of the Interior to administer the Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), subject to valid existing rights, with the Act's effective date deemed to be the date of enactment of this Act and any references to the Secretary of Agriculture changed to the Secretary of the Interior. The section further provides that— (1) pre-enactment livestock grazing shall continue, subject to reasonable regulations per section 4(d)(4) of the Wilderness Act and House Report 101-405 guidelines; (2) any post-enactment acquired lands or interests within the boundaries shall be incorporated into and administered as part of the Wilderness; (3) the designation creates no protective perimeter or buffer zone, and nonwilderness activities or uses outside the boundary are not precluded if visible or audible from within; (4) low-level military overflights, flight testing and evaluation, and new special use airspace or flight training routes over the Wilderness are not restricted; (5) low-level overflights by aircraft using airstrips existing on the date of enactment and located within 5 miles of the boundary are not restricted; (6) measures for wildfire, insect, and disease control are authorized per section 4(d)(1) of the Wilderness Act, including coordination with state or local agencies; (7) hydrologic, meteorologic, or climatologic data collection devices may be authorized if essential to flood warning, flood control, or water reservoir operations; and (8) no federal water rights are reserved for the Wilderness, existing state water rights (including federal ones) are unaffected, the Secretary must follow Nevada law for any new water rights, and no federal funding, assistance, authorization, license, or permit may be provided for new water resource facilities (i.e., irrigation, reservoirs, hydropower, and related structures, excluding wildlife guzzlers) within the Wilderness except as otherwise provided.

This section affirms state jurisdiction over fish and wildlife management, including hunting, fishing, and trapping, in the Wilderness pursuant to section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)); authorizes the Secretary concerned to conduct necessary activities to maintain or restore fish or wildlife populations or habitats, consistent with relevant wilderness plans and the Wilderness Act (16 U.S.C. 1131 et seq.), including occasional temporary use of motorized vehicles or aircraft if they promote healthy populations with minimal impact (per House Report 101-405, Appendix B); and permits the state to continue using aircraft for wildlife surveys, captures, transplants, monitoring, and watering consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the same report. The section further authorizes the Secretary to designate no-hunting, no-fishing, or no-trapping areas or periods for public safety, administration, or legal compliance, subject to consultation with the state agency and public notice except in emergencies; and allows the state (or designee) to conduct wildlife management activities pursuant to the terms of the 2003 Memorandum of Understanding between the Bureau of Land Management and Nevada Department of Wildlife (Supplement No. 9, as amended), with references to "Douglas County" deemed to mean the Wilderness.

This section releases approximately 1,065 acres of public land in the Burbank Canyons Wilderness Study Area not designated as wilderness by this title from the interim management requirements of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) (i.e., management to preserve wilderness characteristics pending congressional designation or release). Congress finds such land has been adequately studied for wilderness suitability, and it shall be managed in accordance with applicable land use plans under section 202 of that Act (43 U.S.C. 1712) and cooperative conservation agreements in existence on the date of enactment.

This section requires the Secretary of Agriculture, as soon as practicable after receiving a request from the state or county, to determine whether a specified parcel of Forest Service land in the county—acquired under section 3 of the Santini-Burton Act (Public Law 96-586)—is suitable and appropriate for conveyance under subsection (b) of that section. (As background, the Santini-Burton Act authorizes the acquisition of private lands by the Forest Service in Clark County, Nevada, with a right of first refusal for reconveyance to the county or state for public purposes such as schools, roads, or parks.)

This section directs the Secretary of Agriculture to process, to the extent practicable and not later than one year after receipt, any proposal and application from the County or a unit of local government for a special use permit for recreation or other purposes on approximately 188 acres of specified federal land and, if approved, to issue the permit consistent with applicable law. The section authorizes the Secretary to impose terms and conditions on any such permit to protect U.S. interests and ensure compliance with applicable laws and regulations.