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Calendar No. 172 Calendar No. 172 113TH CONGRESS REPORT " ! 1st Session SENATE 113–94 LYON COUNTY ECONOMIC DEVELOPMENT AND CONSERVATION SEPTEMBER 10, 2013.—Ordered to be printed Mr. WYDEN, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany S. 159] The Committee on Energy and Natural Resources, to which was referred the bill (S. 159) to designate the Wovoka Wilderness and provide for certain land conveyances in Lyon County, Nevada, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. The amendments are as follows: 1. On page 2, line 19, after ‘‘valid existing rights’’ insert ‘‘and to such terms and conditions as the Secretary determines to be nec- essary’’. 2. On page 9, strike lines 8 through 17 and insert the following: (5) OVERFLIGHTS.— (A) MILITARY OVERFLIGHTS.—Nothing in this Act restricts or precludes— (i) low-level overflights of military aircraft over the Wilderness, including military over- flights that can been seen or heard within the Wilderness; (ii) flight testing and evaluation; or (iii) the designation or creation of new units of special airspace, or the establishment of military flight training routes, over the Wil- derness. (B) EXISTING AIRSTRIPS.—Nothing in this Act re- stricts or precludes low-level overflights by air- craft originating from airstrips in existence on the 29–010 VerDate Mar 15 2010 05:34 Sep 12, 2013 Jkt 029010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6969 E:\HR\OC\SR094.XXX SR094 tjames on DSK6SPTVN1PROD with REPORTS 2 date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. PURPOSE The purposes of S. 159 are to direct the Secretary of the Interior to convey for fair market value approximately 11,500 acres of land administered by the Bureau of Land Management to the City of Yerington, Nevada, and to designate approximately 48,981 acres of land in the Humboldt-Toiyabe National Forest as wilderness, to be administered by the Secretary of Agriculture. BACKGROUND AND NEED In November, 2012, the Nevada Copper Corporation began ex- ploratory operations on its Pumpkin Hollow mine site, located near the town of Yerington, in Lyon County, Nevada. The proposed mine site is located on private and public lands administered by the Bu- reau of Land Management. Yerington plans to annex the mine site and adjacent lands and the conveyance of the federal land author- ized by this bill will help facilitate the development of the mine and provide Yerington with additional tax revenue. For over 4 years, Yerington and Lyon County have been working with private business partners to develop a sustainable develop- ment plan that would enable all parties to benefit from the use of private land adjacent to Yerington for potential commercial and in- dustrial development, mining activities, recreation opportunities, and the expansion of community and cultural events. The plan re- quires the conveyance of certain federal land administered by the Bureau of Land Management (BLM) to the City for fair market value. The federal land is adjacent to the City and would be used to en- hance recreational, cultural, commercial, and industrial develop- ment opportunities. The commercial and industrial development of the federal land will enable the community to benefit from the transportation, power, and water infrastructure that would be put in place with the concurrent development of commercial and indus- trial operations. The approximately 49,000-acre proposed Wovoka Wilderness Area is the largest remaining tract of wild country in Lyon County, Nevada, and encompasses the southern portion of the Pine Grove Hills in western Nevada. The core of the proposed wilderness is the Forest Service’s South Pine Grove Hills Inventoried Roadless Area. The Forest Service categorized this roadless area as having a high capacity for wilderness during its Forest Plan Revision initial as- sessment in 2006. The Wovoka Wilderness Area comprises at least 13 miles of the East Walker River. It is also home to a diversity of landscapes and experiences, from world-class fly fishing to rugged, multi-colored canyons, pin˜ on-juniper forests, seasonal lakes, critical habitat for the bi-state sage-grouse, rich archeological resources, and wonder- ful views of the Sweetwater Mountains and Mount Grant. The wilderness area’s name honors Wovoka, the Paiute spiritual leader and father of the Ghost Dance, who prophesized a message of hope to Native Americans in the 1890s. Born in the region, Wovoka worked and found inspiration in these hills. VerDate Mar 15 2010 05:34 Sep 12, 2013 Jkt 029010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR094.XXX SR094 tjames on DSK6SPTVN1PROD with REPORTS 3 Elevations range from 5,200 feet along the East Walker River to over 9,400 feet at the summit of Bald Mountain. The proposed Wovoka Wilderness contains critical habitat for the bi-state sage grouse population including summer, winter, and nesting habitat. LEGISLATIVE HISTORY S. 159 was introduced by Senators Heller and Reid on January 28, 2013. A hearing was held on the bill by the Subcommittee on Public Lands, Forests and Mining on April 25, 2013. At a business meeting on June 18, 2013, the bill was reported favorably with amendments. An identical bill, H.R. 696, was introduced in the House of Representatives by Representative Horsford. In the 112th Congress a similar bill, S. 3701, was introduced by Senators Heller and Reid. COMMITTEE RECOMMENDATION The Senate Committee on Energy and Natural Resources, in open business session on June 18, 2013 by a voice vote of a quorum present, recommends that the Senate pass S. 159, if amended as described herein. COMMITTEE AMENDMENTS During its consideration of S. 159, the Committee adopted two amendments. The first amendment requires that the land convey- ance be subject to such terms and conditions as the Secretary deems necessary. The second amendment includes standard lan- guage relating to military overflights, and further specifies that nothing in this Act precludes low-level overflights from airstrips within 5 miles of the wilderness boundary. SECTION-BY-SECTION ANALYSIS Section 1 contains the short title, the ‘‘Lyon County Economic Development and Conservation Act’’, and the table of contents. Section 2(a) defines key terms in the bill. Subsection (b)(1) directs the Secretary of the Interior to convey to the City of Yerington, Nevada, all right, title, and interest of the United States in and to land identified on the map entitled ‘‘Yerington Land Conveyance’’ dated December 19, 2012. Paragraph (2) directs the Secretary to conduct an appraisal to determine the fair market value of the land to be conveyed in ac- cordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Uniform Appraisal Standards for Federal Land Acquisition, and the Uniform Standards of Profes- sional Appraisal Practice. Paragraph (3) requires the map to be on file and available for public inspection at the Bureau of Land Management. Paragraph (4) clarifies that development and conduct of activities of the Federal land conveyed to the city shall be subject to all Fed- eral laws and regulations. Paragraph (5) requires the City of Yerington to pay an amount equal to the appraised value for the conveyed Federal lands, and all costs related to the conveyance. These costs include surveys, ap- VerDate Mar 15 2010 05:34 Sep 12, 2013 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR094.XXX SR094 tjames on DSK6SPTVN1PROD with REPORTS 4 praisals, and other administrative costs associated with the convey- ance. Section 3(a) provides Congressional findings. Subsection (b) provides definitions for the section. Subsection (c)(1) designates the Federal land depicted on the map as the ‘‘Wovoka Wilderness’’. Paragraph (2) requires boundaries of the Wilderness that are bordered by a road must be set 150 feet from the centerline of the road. Paragraph (3) directs the Secretary to prepare a map and legal description of the Wilderness. Paragraph (4) clarifies that the Wilderness is withdrawn from: (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geo- thermal leasing or mineral materials. Subsection (d)(1) establishes that the Wilderness shall be admin- istered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). Paragraph (2) provides that any grazing activities established be- fore the date of enactment of the Act, shall be allowed to continue, subject to reasonable restrictions, in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), and (B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). Paragraph (3) incorporates any land or interest in land that is acquired within the boundary of the Wilderness into the Wilder- ness. Paragraph (4) clarifies that Congress does not intend to create a protective buffer zone around the Wilderness, and non-wilderness activities outside the Wilderness boundary will be allowed to con- tinue. Paragraph (5) clarifies low-level overflights of military aircraft, flight testing and evaluation, the designation or creation of special airspace or military flight training routes, and low-level overflights by aircraft and originating from airstrips in existence on the date of enactment of the Act that are located within 5 miles of the pro- posed boundary will not be restricted over the Wilderness.
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