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108hr4706ih | Representation of the public interest on Regional Fishery Management Councils
(a) Appointment of members by Administrator
(1) Appointment of members
Section 302 ( 16 U.S.C. 1852 ) is amended— (A) by striking appointed by the Secretary each place it appears and inserting appointed by the Administrator of the National... |
108hr4706ih | (C) in paragraph (5)(A) of subsection (b) by striking The Secretary the first and second places it appears and inserting The Administrator of the National Oceanic and Atmospheric Administration ; (D) in subsection (b) by striking the Secretary each place it appears, other than in paragraph (6)(B), and inserting the Adm... |
108hr4706ih | (2) Application with respect to current members of Councils
(A) Appointment not affected
The amendment made by paragraph (1)(A) shall not affect any appointment by the Secretary of Commerce made before the date of the enactment of this Act. (B) Removal
In applying section 302(b)(6) of the Magnuson-Stevens Fishery Co... |
108hr4706ih | (b) Representation by State officials
Section 302(b)(1)(A) ( 16 U.S.C. 1852(b)(1)(A) ) is amended by adding at the end the following: Such official shall represent the interests of the general public.. (c) Allocation of Appointments
Section 302(b)(2)(B) ( 16 U.S.C. |
108hr4706ih | 1852(b)(2)(B) ) is amended in the first sentence— (1) by striking of the active participants and inserting among the active participants ; and (2) by inserting before the period the following: and representatives of the public interest in marine fish conservation, including individuals who do not derive any of their an... |
108hr4706ih | 1852(b)(2)(C) ) is amended— (1) in the second sentence by inserting and representatives of conservation organizations after commercial and recreational fishing interests ; and (2) by striking the third sentence and inserting the following: Each list shall consist of a broad slate of candidates for each vacancy, shall i... |
108hr4706ih | and shall consist solely of individuals who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned. (e) Training of appointed members
(1) Training requirement
Section 302(b) ( 16 U.S.C. 1852(b) ) is amended by adding at the end the following: (7) Training... |
108hr4706ih | including— (i) fishery science and basic fish stock assessment; (ii) social science and fishery economics; (iii) the requirements of this Act, the National Environmental Policy Act of 1969, chapter 5 of title 5, United States Code (popularly known as the Administrative Procedures Act), and other relevant statutes or re... |
108hr4706ih | (B) Restriction on voting
A member of a Council to whom the Secretary is required to provide training under this paragraph may not vote on any decision of the Council before the date the member completes such training.. (2) Limitation on application
The amendment made by paragraph (1) shall not apply to a member of a... |
108hr4706ih | 1852(b)(2)(B) ) is amended in the second sentence by striking Merchant Marine and Fisheries and inserting Resources. 4. Qualification of voting council members; disclosure of financial interest and recusal
(a) Qualifications of voting council members
Section 302(b)(2)(A) ( 16 U.S.C. |
108hr4706ih | 1852(b)(2)(A) ) is amended by— (1) inserting after geographical area concerned the following: , and must not have been found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307(1)(D), (E), (F), ... |
108hr4706ih | (b) Disclosure of financial interest and recusal
(1) Amendments relating to disclosure and recusal
Section 302(j) ( 16 U.S.C. 1852(j) ) is amended as follows: (A) By striking the heading and inserting Disclosure of Financial Interest and Recusal.—. (B) By striking paragraph (6), and redesignating paragraphs (7) and (... |
108hr4706ih | (C) In paragraph (6), as so redesignated, by striking so much as precedes subparagraph (B) and inserting the following: (6) Prohibition on participation
(A) (i) An affected individual shall not vote on a Council decision that would have an effect on a financial interest that the individual is required to disclose unde... |
108hr4706ih | (ii) An affected individual who is prohibited from voting on a Council decision may not participate in any Council deliberations relating to the decision.. (D) In paragraph (6)(B), as so redesignated— (i) by inserting or a member of the public after an affected individual ; and (ii) by striking would have a significant... |
108hr4706ih | (F) In paragraph (6), as so redesignated, by striking subparagraph (D) and redesignating subparagraphs (E) and (F) in order as subparagraphs (D) and (E). (G) In paragraph (6)(D), as so redesignated— (i) by striking may not and inserting shall ; and (ii) by inserting before the period the following: , if the Secretary d... |
108hr4706ih | (H) By amending paragraph (6)(E), as so redesignated, to read as follows: (E) The Secretary, in consultation with the Councils and by not later than one year after the date of enactment of the Fisheries Management Reform Act of 2004, shall promulgate regulations that allow for the making of determinations under subpara... |
108hr4706ih | 1857(1)(O) ) is amended by striking 302(j)(7)(A) and inserting 307(j)(6)(A). 5. Regional science and technical teams
Section 302(g) ( 16 U.S.C. 1852(g) ) is amended— (1) by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: (5) Regional science and technical teams
(A) Th... |
108hr4706ih | (B) Each science and technical team established under this paragraph shall consist of Federal, State, and academic qualified independent scientists. |
108hr4706ih | (C) Each science and technical team established under this paragraph shall— (i) based on the best scientific information available, recommend to the Secretary— (I) acceptable biological catch and bycatch limits, including annual limits, that are consistent with the national standard set forth in section 301(a)(1) and t... |
108hr4706ih | 1533 ); (ii) allow an opportunity for public input, including with respect to catch and bycatch limits and habitat protection measures recommended by the team, consider such input in developing its recommendations, and create a public record of such input and the team’s response to such input; and (iii) publish its rec... |
108hr4706ih | ; and (2) by adding at the end the following: (7) For the purposes of this subsection, the term qualified independent scientists means individuals who— (A) through publication of peer-reviewed scientific literature and academic training, have demonstrated scientific expertise in fisheries science or marine ecology; and... |
108hr4706ih | 1853(a)(1) ) is amended— (1) in subparagraph (A) by inserting before the semicolon the following: and the associated ecosystem ; (2) by striking and after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ; and , and by adding at the end the following: (D)... |
108hr4706ih | including to protect and maintain the ecological role of forage fish. ; and (3) by amending paragraph (14) to read as follows: (14) allocate any quotas or other conservation and management measures established by the Secretary under subsection (e) fairly and equitably among the commercial, recreational, and charter fis... |
108hr4706ih | 1853 ) is amended by adding at the end the following: (e) Development of conservation and management measures by Secretary
The Secretary shall, based on recommendations of the regional science and technical teams established under section 302(g)(5), provide Councils conservation and management measures for incorporati... |
108hr4706ih | (2) specific habitat and area protections necessary to protect essential fish habitats; and (3) specific requirements necessary to protect species listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ).. |
108hr5310ih | 1. Short title
This Act may be cited as the Ponce de Leon Discovery of Florida Quincentennial Commission Act. 2. Findings
Congress finds that— (1) the Quincentennial of the founding of Florida by Ponce de Leon occurs in 2013, 500 years after Ponce de Leon landed on its shores and explored the Keys and the west coast ... |
108hr5310ih | (3) Florida means the land of flowers and the State owes its name to Ponce de Leon; (4) Ponce de Leon's quest for the fountain of youth has become an established legend which has drawn fame and recognition to Florida and the United States; (5) the discovery of Florida by Ponce de Leon, the myth of the fountain of youth... |
108hr5310ih | and (7) commemoration of the arrival in Florida of Ponce de Leon and the beginning of the colonization of the Americas would— (A) enhance public understanding of the impact of the discovery of Florida on the history of the United States; and (B) provide lessons about the importance of exploration and discovery. 3. Defi... |
108hr5310ih | (3) Quincentennial
The term Quincentennial means the 500th anniversary of the discovery of Florida by Ponce de Leon. 4. Establishment of commission
(a) Establishment
There is established a commission to be known as the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon. (b) Duties... |
108hr5310ih | (c) Membership
(1) Composition
The Commission shall be composed of 10 members, including— (A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate; (B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the Ho... |
108hr5310ih | (2) Criteria
A member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission. (3) Date of appointments
Not later than ... |
108hr5310ih | (2) Vacancy
A vacancy on the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial meeting
Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold t... |
108hr5310ih | (g) Quorum
A quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings. (h) Co-chairpersons
The President shall designate 2 of the members of the Commission as co-chairpersons of the Commission. 5. |
108hr5310ih | Duties
(a) In general
The Commission shall— (1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the imp... |
108hr5310ih | and private organizations to organize and participate in Quincentennial activities commemorating or examining— (A) the history of Florida; (B) the discovery of Florida; (C) the life of Ponce de Leon; (D) the myths surrounding Ponce de Leon's search for gold and for the fountain of youth ; (E) the exploration of Florida... |
108hr5310ih | (b) Reports
(1) In general
Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommenda... |
108hr5310ih | films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world; (ii) bibliographical and documentary projects, publications, and electronic resources; (iii) conferences, convocations, lectures, seminars, and other program... |
108hr5310ih | focusing on the national and international significance of the discovery of Florida; and (vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps. (2) Annual report
The Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or ... |
108hr5310ih | (3) Final report
Not later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources o... |
108hr5310ih | (d) Coordination of activities
In carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spa... |
108hr5310ih | the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the ... |
108hr5310ih | and (5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use. (b) Advisory committee
The Commission may appoint such advisory committees as the Commission determines necessary to carry out the purpos... |
108hr5310ih | (b) Staff
(1) Appointment of director and deputy director
(A) In general
The co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws (including regulations). (B) Delegation to director
The Commission may delegate such powe... |
108hr5310ih | (3) Staff paid from non-Federal funds
The Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel. (4) Compensation
(A) Members
(i) In general
A member of the Commission shall serve without compensation. |
108hr5310ih | (ii) Travel expenses
A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the perfo... |
108hr5310ih | (B) Staff
(i) In general
The co-chairpersons of the Commission may fix the compensation of the director, deputy director, and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay... |
108hr5310ih | (II) Deputy director
The rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (III) Staff members
The rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 ... |
108hr5310ih | (c) Detail of Federal government employees
(1) In general
On request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act. (2) Reimbursement
A detail of personnel under this subs... |
108hr5310ih | (d) Other revenues and expenditures
(1) In general
The Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts. (2) Donations
(A) In general
The Commission may solicit, accept, use, and dispose of donations of money, p... |
108hr5310ih | (B) Limitations
Subject to subparagraph (C), the Commission shall not accept donations— (i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual. |
108hr5310ih | (C) Nonprofit organization
The limitations in subparagraph (B) shall not apply in the case of an organization that is— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. |
108hr5310ih | (3) Acquired items
Any book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies wit... |
108hr5310ih | (f) Voluntary services
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary. 8. Study
The Secretary of the Interior shall— (1) in accordance with section 8(c) of Public Law 91–383 ( 16 U.S.C. |
108hr5310ih | 1a–5(c) ), conduct a study to assess the suitability and feasibility of designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon; and (2) not later than 3 years after the date on which funds are made available to carry out the study, subm... |
108hr5310ih | 9. Authorization of appropriations
(a) In general
Subject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013. (b) Availability of funds
Amounts appropriated under this section for any fiscal year shall remain available u... |
108hr4593ih | 1. Short title
This Act may be cited as the Lincoln County Conservation, Recreation, and Development Act of 2004. 2. Table of contents
Sec. 1. Short title Sec. 2. Table of contents Title I—Land Disposal Sec. 101. Definitions Sec. 102. Conveyance of Lincoln County land Sec. 103. Disposition of proceeds Title II—Wilder... |
108hr4593ih | Administration Sec. 205. Adjacent management Sec. 206. Military overflights Sec. 207. Native American cultural and religious uses Sec. 208. Release of wilderness study areas Sec. 209. Wildlife management Sec. 210. Wildfire management Sec. 211. Climatological data collection Title III—Utility Corridors Sec. 301. Utility... |
108hr4593ih | Relocation of right-of-way and utility corridors located in Clark and Lincoln Counties in the State of Nevada Title IV—Silver State Off-Highway Vehicle Trail Sec. 401. Silver State off-highway vehicle trail Title V—Open Space Parks Sec. 501. Open space park conveyance to Lincoln County, Nevada Sec. 502. Open space park... |
108hr4593ih | Definitions
In this title: (1) County
The term County means Lincoln County, Nevada. (2) Map
The term map means the map entitled Lincoln County Conservation, Recreation, and Development Act Map and dated June 14, 2004. (3) Secretary
The term Secretary means the Secretary of the Interior. (4) Special account
The ter... |
108hr4593ih | Conveyance of Lincoln County land
(a) In General
Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 , 1712), the Secretary, in cooperation with the County, in accordance with that Act, this title, and other applicable law and subject to valid existing rights, s... |
108hr4593ih | (b) Description of land
The land referred to in subsection (a) consists of— (1) the land identified on the map for disposal within 75 days, comprising 2 parcels totaling approximately 13,373 acres; and (2) the land identified on the map for annual disposal, comprising approximately 87,005 acres. |
108hr4593ih | (c) Availability
Each map and legal description shall be on file and available for public inspection in (as appropriate)— (1) the Office of the Director of the Bureau of Land Management; (2) the Office of the State Director of the Bureau of Land Management; (3) the Ely District Office of the Bureau of Land Management;... |
108hr4593ih | (e) Compliance with local planning and zoning laws
Before a sale of land under subsection (a), the County shall submit to the Secretary a certification that qualified bidders have agreed to comply with— (1) County and city zoning ordinances; and (2) any master plan for the area approved by the County. (f) Method of sa... |
108hr4593ih | (g) Segregation
(1) In general
Subject to valid existing rights and except as provided in paragraph (2), the land described in subsection (b) is segregated from— (A) all forms of entry and appropriation under the public land laws, including the mining laws; and (B) operation of the mineral leasing and geothermal leas... |
108hr4593ih | 869 et seq; commonly known as the Recreation and Public Purposes Act ). (h) Deadline for sale
(1) In general
Except as provided in paragraph (2), the Secretary shall— (A) notwithstanding the Lincoln County Land Act of 2000 (114 Stat. |
108hr4593ih | 1046), not later than 75 days after the date of the enactment of this title, convey the land described in subsection (b)(1) if there is a qualified bidder for such land; and (B) not later than 1 year after the date of the enactment of this title, and annually thereafter until the land is disposed of, convey the land de... |
108hr4593ih | (2) Postponement; exclusion from sale
(A) Request by county for postponement or exclusion
(i) In general
At the request of the County, the Secretary shall postpone or exclude from the sale all or a portion of the land described in subsection (b)(2). (ii) Indefinite postponement
Unless specifically requested by the ... |
108hr4593ih | (B) Exclusion by secretary
Notwithstanding paragraph (1), the Secretary may exclude from sale not more than 10,000 acres of the land described in subsection (b)(2) if the Secretary determines that such sale is inconsistent with the protection of habitat and cultural resources. 103. Disposition of proceeds
(a) Initial... |
108hr4593ih | (b) Subsequent land sales
Of the gross proceeds of the sale of the land described in section 103(b)(2)— (1) 5 percent shall be paid directly to the State for use in the general education program of the State; (2) 45 percent shall be paid to the County for use for economic development in the County, including County pa... |
108hr4593ih | and management of unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. |
108hr4593ih | 470bb )) of the County; (B) the development of a multispecies habitat conservation plan for the County; and (C) the reimbursement of costs incurred by the Nevada State Office and the Ely Field Office of the Bureau of Land Management for— (i) preparing for the sale of land under section 103(a), including the costs of— (... |
108hr4593ih | ); (III) conducting any appraisals; (IV) obtaining environmental and cultural clearances; and (V) providing public notice of the sale; (ii) processing public land use authorizations and rights-of-way relating to the development of the land conveyed under section 103(a); (iii) processing the Silver State OHV trail and i... |
108hr4593ih | (c) Investment of special account
Any amounts deposited in the special account shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. 201. |
108hr4593ih | Findings
Congress finds that— (1) public land in the County contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those areas would benefit the... |
108hr4593ih | Definitions
In this title: (1) County
The term County means Lincoln County, Nevada. (2) Secretary
The term Secretary means the Secretary of the Interior. (3) State
The term State means the State of Nevada. 203. |
108hr4593ih | Additions to National Wilderness Preservation System
(a) Additions
The following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Mormon Mountains Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 153,... |
108hr4593ih | (2) Meadow Valley Range Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 124,833 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Meadow Valley Range Wilderness. (3) Delamar Mounta... |
108hr4593ih | (4) Clover Mountains Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 85,757 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Clover Mountains Wilderness. (5) South Pahroc Wilderne... |
108hr4593ih | (6) Worthington Mountains Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 30,936 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Worthington Mountains Wilderness. (7) Weepah Sprin... |
108hr4593ih | (8) Parsnip Peak Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 45,837 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Parsnip Peak Wilderness. (9) White Rock Range Wilderness
... |
108hr4593ih | (10) Fortification Range Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 28,837 acres, as generally depicted on the map entitled Northern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Fortification Range Wilderness. (11) Far South Ega... |
108hr4593ih | (12) Tunnel Spring Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,530 acres, as generally depicted on the map entitled Southern Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Tunnel Spring Wilderness. (13) Big Rock Wilderness
Certa... |
108hr4593ih | Irish Wilderness
Certain Federal land managed by the Bureau of Land Management, comprising approximately 31,088 acres, as generally depicted on the map entitled Western Lincoln County Wilderness Map , dated June 1, 2004, which shall be known as the Mt. Irish Wilderness. (b) Boundary
The boundary of any portion of a w... |
108hr4593ih | (c) Map and legal description
(1) In general
As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each wilderness area designated by subsection (a) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natur... |
108hr4593ih | (3) Availability
Each map and legal description shall be on file and available for public inspection in (as appropriate)— (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the State Director of the Bureau of Land Management; (C) the Ely District Office of the Bureau of Land Management;... |
108hr4593ih | (d) Withdrawal
Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and ... |
108hr4593ih | ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this title; 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. |
108hr4593ih | (b) Livestock
Within the wilderness areas designated under this title that are administered by the Bureau of Land Management, the grazing of livestock in areas in which grazing is established as of the date of enactment of this title shall be allowed to continue, subject to such reasonable regulations, policies, and p... |
108hr4593ih | (c) Incorporation of acquired land and interests
Any land or interest in land within the boundaries of an area designated as wilderness by this title that is acquired by the United States after the date of the enactment of this title shall be added to and administered as part of the wilderness area within which the ac... |
108hr4593ih | (B) the hydrology of the land designated as wilderness by this title is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels; (C) the subsurface hydrogeology of the region is characterized by ground water subject to local and regional flow gradients and unconfined and artesia... |
108hr4593ih | it is possible to provide for proper management and protection of the wilderness and other values of lands in ways different from those used in other legislation. (2) Statutory construction
Nothing in this title— (A) shall constitute or be construed to constitute either an express or implied reservation by the United ... |
108hr4593ih | (C) shall be construed as establishing a precedent with regard to any future wilderness designations; (D) shall affect the interpretation of, or any designation made pursuant to, any other Act; or (E) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionm... |
108hr4593ih | (3) Nevada water law
The Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this title with respect to the wilderness areas designated by this title. |
108hr4593ih | (4) New projects
(A) Water resource facility
As used in this paragraph, the term water resource facility — (i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other wa... |
108hr4593ih | (B) Restriction on new water resource facilities
Except as otherwise provided in this Act, on and after the date of the 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 ... |
108hr4593ih | (b) Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. 206. |
108hr4593ih | Military overflights
Nothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the areas designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas; (2) flight testing and evaluation; or (3) the designation or cre... |
108hr4593ih | Nothing in this title shall be construed to diminish tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 208. Release of wilderness study areas
(a) Finding
Congress finds that, for the purposes of section 603 of the Federal La... |
108hr4593ih | (2) Evergreen A, B, and C Wilderness Study Areas. (3) Any portion of the wilderness study areas— (A) not designated as wilderness by section 204(a); and (B) depicted as released on— (i) the map entitled Northern Lincoln County Wilderness Map and dated February 10, 2004; (ii) the map entitled Southern Lincoln County Wil... |
108hr4593ih | (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) ); (2) shall be managed in accordance with— (A) land management plans adopted under section 20... |
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