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PUBLIC LAW 98-485 [H.R. 4932]; October 17, 1984

PUBLIC LANDS IN LINCOLN COUNTY, NEVADA

An Act to withdraw certain public lands in Lincoln County, Nevada, and for other purposes.

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

SECTION 1.

  1. Subject to valid existing rights, the lands depicted on the map entitled "Groom Mountain Addition to Nellis Air Force Range", dated September 1984, and aggregating approximately 89,600 acres in Lincoln County, Nevada, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws but not the mineral and geothermal leasing laws. Such lands are reserved for use by the Secretary of the Air Force -

    1. for training for electronic warfare, tactical maneuvering, and air support, and

    2. for other defense-related purposes consistent with, and involving no greater adverse impact on the withdrawn lands and their resources than, such training.

  2. The withdrawal provided by subsection (a) with regard to the lands described in subsection (a), and the right of their use by the Secretary of the Air Force for the purposes specified in that subsection, terminates on December 31, 1987.

SEC. 2. As soon as possible after the date of the enactment of this Act but no later than January 1, 1987, the Secretary of the Interior and the Secretary of the Air Force shall issue an environmental impact statement, consistent with requirements of the National Environmental Policy Act of 1969, concerning continued or renewed withdrawal of the lands described in section l(a) after December 31, 1987. Such statement shall include a description of and recommendations concerning measures to mitigate the impact of such continued or renewed withdrawal on opportunities for outdoor recreation, mineral exploration and development, and agriculture in Nevada. Such measures shall include possible acquisition by the Secretary of the Interior (through exchanges or otherwise) of lands in Nevada suitable for outdoor recreational uses and possible increased mineral, agricultural, or recreational use of lands in Nevada withdrawn for military purposes.

SEC. 3.

  1. During the period of the withdrawal of the lands described in section l(a), the Secretary of the Interior shall manage such lands pursuant to the Federal Land Policy and Management Act of 1976 and other applicable law, including this Act. All use of such lands, and the issuance of any lease, easement, right-of-way, or other authorization with regard to such lands -

    1. shall be secondary to the military use of such lands for the purposes specified in section 1, and

    2. may be authorized by the Secretary of the Interior only with the concurrence of the Secretary of the Air Force.

  2. When military operations, public safety, or national security, as determined by the Secretary of the Air Force, require the closure to public use of any road, any trail, or any other portion of the lands withdrawn by this Act, the Secretary of the Air Force may take such action as the Secretary of the Air Force determines necessary or desirable to effect and maintain such closure. Such closures shall be limited to the minimum areas and periods which the Secretary of the Air Force determines are required for the purposes specified in this subsection. During such closures appropriate warning notices shall be kept posted and the Secretary of the Air Force shall take appropriate steps to notify the public concerning such closures.

    1. As soon as possible after the date of the enactment of this Act, the Secretary of the Interior shall prepare and publish in the Federal Register a legal description of the lands withdrawn by this Act. The Secretary of the Air Force shall reimburse the Secretary of the Interior for the costs of preparing and publishing such description.

    2. The map referred to in section l(a) shall be on file and available for public inspection in the Offices of the Secretary of the Interior and the Secretary of the Air Force in Washington, District of Columbia, and Las Vegas and Carson City, Nevada.

    3. The withdrawal provided by this Act is not intended to -

      1. reserve or otherwise withdraw any water for use in connection with the purposes specified in section 1;

      2. affect in any manner the future appropriation, under State law, by the United States or others, of waters in, under, or upon the lands withdrawn by this Act or

      3. affect any water rights acquired by the Secretary of the Air Force or any other person or entity before the date of the enactment of this Act.

    4. The withdrawal established by this Act may not be extended or renewed except by Act of Congress.

Approved October 17, 1984.


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