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Title I — Wilderness designations

H.R. 145 · 113th Congress · Jan 3, 2013 · Lineage

I Wilderness designations

Sec. 101 Additions to the National Wilderness Preservation System

(a)
In general— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Idaho are designated as wilderness areas and as components of the National Wilderness Preservation System:
(1)
Hemingway-boulders wilderness— Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 110,370 acres, as generally depicted on the map entitled “Hemingway-Boulders Proposed Wilderness” and dated October 20, 2008, which shall be known as the “Hemingway-Boulders Wilderness”.
(2)
White clouds wilderness— Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 90,888 acres, as generally depicted on the map entitled “White Clouds Proposed Wilderness” and dated October 20, 2008, which shall be known as the “White Clouds Wilderness”.
(3)
Jerry peak wilderness— Certain Federal land in the Challis National Forest and Challis District of the Bureau of Land Management, comprising approximately 131,670 acres, as generally depicted on the map entitled “Jerry Peak Wilderness” and dated August 30, 2006, which shall be known as the “Jerry Peak Wilderness”.
(b)
Maps and legal descriptions—
(1)
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area.
(2)
Effect— Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description.
(3)
Availability— Each map and legal description submitted under paragraph (1) shall be available in the appropriate offices of the Forest Service or the Bureau of Land Management.
(c)
Inclusion in national landscape conservation system— Land administered by the Bureau of Land Management which is designated as wilderness by this section shall be included in the National Landscape Conservation System.

Sec. 102 Administration

(a)
In general— Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1)
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
(2)
with respect to wilderness areas that are administered by the Secretary of the Interior, any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
(b)
Consistent interpretation— The Secretary of Agriculture and the Secretary of the Interior shall seek to ensure that the wilderness areas are interpreted for the public as an overall complex linked by—
(1)
common location in the Boulder-White Cloud Mountains; and
(2)
common identity with the natural and cultural history of the State of Idaho and the Native American and pioneer heritage of the State.
(c)
Comprehensive wilderness management plan— Not later than 3 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall collaboratively develop wilderness management plans for the wilderness areas.
(d)
Fire, insects, and disease— Within the wilderness areas, the Secretary may take such measures as the Secretary determines to be necessary for the control of fire, insects, and disease in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)).
(e)
Livestock—
(1)
In general— Within the wilderness areas, the grazing of livestock in which grazing is established before the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with—
(A)
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1131(d)(4));
(B)
with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and
(C)
with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in appendix A of House Report 101–405 of the 101st Congress.
(2)
Donation of grazing permits and leases—
(A)
Acceptance by secretary—
(i)
In general— The Secretary shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land, all or a portion of which are within the area depicted as the “Boulder White Clouds Grazing Area” on the map entitled “Boulder White Clouds Grazing Area Map” and dated January 27, 2010.
(ii)
Partial donation— A person holding a valid grazing permit or lease for a grazing allotment partially within the area described in clause (i) may elect to donate only the portion of the grazing permit or lease that is within the area.
(B)
Termination— With respect to each permit or lease donated under subparagraph (A), the Secretary shall—
(i)
terminate the grazing permit or lease or portion of the permit or lease; and
(ii)
except as provided in subparagraph (C), ensure a permanent end to grazing on the land covered by the permit or lease or portion of the permit or lease.
(C)
Common allotments—
(i)
In general— If the land covered by a permit or lease donated under subparagraph (A) is also covered by another valid grazing permit or lease that is not donated, the Secretary shall reduce the authorized level on the land covered by the permit or lease to reflect the donation of the permit or lease under subparagraph (A).
(ii)
Authorized level— To ensure that there is a permanent reduction in the level of grazing on the land covered by the permit or lease donated under subparagraph (A), the Secretary shall not allow grazing use to exceed the authorized level established under clause (i).
(D)
Partial donation— If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall—
(i)
reduce the authorized grazing level to reflect the donation; and
(ii)
modify the permit or lease to reflect the revised level or area of use.
(f)
Outfitting and guide activities— In accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) within the wilderness areas are authorized to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the wilderness areas.
(g)
Fish and wildlife—
(1)
In general— Nothing in this title affects the jurisdiction of the State of Idaho with respect to the management of fish and wildlife on public land in the State, including the regulation of hunting, fishing, and trapping within the wilderness areas.
(2)
Limitations— The Secretary, in consultation with the appropriate State agency (except in an emergency), may designate areas in which, and establish periods during which, no hunting, fishing, or trapping is permitted within the wilderness areas for reasons of public safety, administration, or compliance with existing laws.
(h)
Access— In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide the owner of State or private property within the boundary of a wilderness area adequate access to the property.

Sec. 103 Water rights

(a)
Statutory construction— Nothing in this title—
(1)
shall constitute either an express or implied reservation by the United States of any water rights with respect to the wilderness areas designated by section 101;
(2)
affects any water rights—
(A)
in the State of Idaho existing on the date of enactment of this Act, including any water rights held by the United States; or
(B)
decreed in the Snake River Basin Adjudication, including any stipulation approved by the court in such adjudication between the United States and the State of Idaho with respect to such water rights; or
(3)
(A)
establishes a precedent with regard to any future wilderness designations; or
(B)
limits, alters, modifies, or amends section 9 of the Sawtooth National Recreation Area Act (16 U.S.C. 460aa–8).
(b)
New projects—
(1)
Prohibition— 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 water resource facility inside any of the wilderness areas designated by section 101.
(2)
Definition— In this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.

Sec. 104 Military overflights

Nothing in this title restricts or precludes—
(1)
low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas;
(2)
flight testing and evaluation; or
(3)
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.

Sec. 105 Adjacent management

(a)
In general— Nothing in this title creates a protective perimeter or buffer zone around a wilderness area.
(b)
Activities outside wilderness area— The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.

Sec. 106 Native American cultural and religious uses

Nothing in this title diminishes the treaty rights of any Indian tribe.

Sec. 107 Acquisition of land and interests in land

(a)
Acquisition—
(1)
In general— The Secretary may acquire any land or interest in land within the boundaries of the wilderness areas by donation, exchange, or purchase from a willing seller.
(2)
Land exchange— Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to complete an exchange for State land located within the boundaries of the wilderness areas designated by this title.
(b)
Incorporation in wilderness area— Any land or interest in land located inside the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of the, wilderness area.

Sec. 108 Wilderness review

(a)
National forest system land— Section 5 of Public Law 92–400 (16 U.S.C. 460aa–4) is repealed.
(b)
Public land—
(1)
Finding— Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land administered by the Bureau of Land Management in the following wilderness study areas have been adequately studied for wilderness designation:
(A)
Jerry Peak Wilderness Study Area.
(B)
Jerry Peak West Wilderness Study Area.
(C)
Corral-Horse Basin Wilderness Study Area.
(D)
Boulder Creek Wilderness Study Area.
(2)
Release— Any public land within the areas described in paragraph (1) that is not designated as wilderness by this title—
(A)
shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(B)
shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).