Pub. L. 109-432, div. C, tit. III, subtit. E, sec. 355
SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.
SEC. 355. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.(a) Study.—(1) In general.—Not later than 3 years after the date of enactment of this Act, the Secretary shall complete a study of routes (with emphasis on roads and trails in existence on the date of enactment of this Act) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the Silver State Off-Highway Vehicle Trail (referred to in this section as the “Trail”).(2) Preferred route.—Based on the study conducted under paragraph (1), the Secretary, in consultation with the State, the County, and any interested persons, shall identify the preferred route for the Trail.(b) Designation of Trail.—(1) In general.—Subject to paragraph (2), not later than 90 days after the date on which the study is completed under subsection (a), the Secretary shall designate the Trail.120 STAT. 3041(2) Limitations.—The Secretary shall designate the Trail only if the Secretary—(A) determines that the route of the Trail would not have significant negative impacts on wildlife, natural or cultural resources, or traditional uses; and(B) ensures that the Trail designation—(i) is an effort to extend the Silver State Off-Highway Vehicle Trail designated under section 401(b) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (16 U.S.C. 1244 note; Public Law 108–424); and(ii) is limited to—(I) 1 route that generally runs in a north-south direction; and(II) 1 potential spur running west.(c) Management.—(1) In general.—The Secretary shall manage the Trail in a manner that—(A) is consistent with any motorized and mechanized uses of the Trail that are authorized on the date of enactment of this Act under applicable Federal and State laws (including regulations);(B) ensures the safety of the individuals who use the Trail; and(C) does not damage sensitive wildlife habitat, natural, or cultural resources.(2) Management plan.—(A) In general.—Not later than 2 years after the date of designation of the Trail, the Secretary, in consultation with the State, the County, and any other interested persons, shall complete a management plan for the Trail.(B) Components.—The management plan shall—(i) describe the appropriate uses and management of the Trail;(ii) authorize the use of motorized and mechanized vehicles on the Trail; and(iii) describe actions carried out to periodically evaluate and manage the appropriate levels of use and location of the Trail to minimize environmental impacts and prevent damage to cultural resources from the use of the Trail.(3) Monitoring and evaluation.—(A) Annual assessment.—The Secretary shall annually assess—(i) the effects of the use of off-highway vehicles on the Trail to minimize environmental impacts and prevent damage to cultural resources from the use of the Trail; and(ii) in consultation with the Nevada Department of Wildlife, the effects of the Trail on wildlife and wildlife habitat to minimize environmental impacts from the use of the Trail.(B) Closure.—The Secretary, in consultation with the State and the County and subject to subparagraph (C), may temporarily close or permanently reroute a portion of the Trail if the Secretary determines that—(i) the Trail is having an adverse impact on—120 STAT. 3042(I) wildlife habitats;(II) natural resources;(III) cultural resources; or(IV) traditional uses;(ii) the Trail threatens public safety;(iii) closure of the Trail is necessary to repair damage to the Trail; or(iv) closure of the Trail is necessary to repair resource damage.(C) Rerouting.—Any portion of the Trail that is temporarily closed may be permanently rerouted along existing roads and trails on public land open to motorized use if the Secretary determines that rerouting the portion of the Trail would not significantly increase or decrease the length of the Trail.(D) Notice.—The Secretary shall provide information to the public with respect to any routes on the Trail that are closed under subparagraph (B), including through the provision of appropriate signage along the Trail.(4) Notice of open routes.—The Secretary shall ensure that visitors to the Trail have access to adequate notice relating to the routes on the Trail that are open through—(A) the provision of appropriate signage along the Trail; and(B) the distribution of maps, safety education materials, and any other information that the Secretary determines to be appropriate.(d) No Effect on Non-Federal Land and Interests in Land.—Nothing in this section affects the ownership or management of, or other rights relating to, non-Federal land or interests in non-Federal land.