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Title II — Wilderness Areas

S. 2809 · 115th Congress · May 9, 2018 · Lineage

II Wilderness Areas

Sec. 201 Additions to the National Wilderness Preservation System

(a)
Additions— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the State are designated as wilderness and as components of the National Wilderness Preservation System:
(1)
Candland mountain— Certain Federal land managed by the Forest Service, comprising approximately 12,338 acres, as generally depicted on the Map, which shall be known as the “Candland Mountain Wilderness”.
(2)
Crack canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 25,747 acres, as generally depicted on the Map, which shall be known as the “Crack Canyon Wilderness”.
(3)
Desolation canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 173,320 acres, as generally depicted on the Map, which shall be known as the “Desolation Canyon Wilderness”.
(4)
Devil’s canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,630 acres, as generally depicted on the Map, which shall be known as the “Devil’s Canyon Wilderness”.
(5)
Horseshoe canyon (north)— Certain Federal land managed by the Bureau of Land Management, comprising approximately 26,226 acres, as generally depicted on the Map, which shall be known as the “Horseshoe Canyon (North) Wilderness”.
(6)
Mexican mountain— Certain Federal land managed by the Bureau of Land Management, comprising approximately 74,503 acres, as generally depicted on the Map, which shall be known as the “Mexican Mountain Wilderness”.
(7)
Muddy creek— Certain Federal land managed by the Bureau of Land Management, comprising approximately 65,652 acres, as generally depicted on the Map, which shall be known as the “Muddy Creek Wilderness”.
(8)
Nelson mountain— Certain Federal land managed by the Forest Service, comprising approximately 7,447 acres, as generally depicted on the Map, which shall be known as the “Nelson Mountain Wilderness”.
(9)
San Rafael reef— Certain Federal land managed by the Bureau of Land Management, comprising approximately 59,880 acres, as generally depicted on the Map, which shall be known as the “San Rafael Reef Wilderness”.
(10)
Sid’s mountain— Certain Federal land managed by the Bureau of Land Management, comprising approximately 75,403 acres, as generally depicted on the Map, which shall be known as the “Sid’s Mountain Wilderness”.
(b)
Map and legal description—
(1)
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with—
(A)
the Committee on Natural Resources of the House of Representatives; and
(B)
the Committee on Energy and Natural Resources of the Senate.
(2)
Effect— Each map and legal description filed 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 filed under paragraph (1) shall on file and available for public inspection in the appropriate office of the Secretary.

Sec. 202 Administration

(a)
Management— Subject to valid existing rights, the wilderness areas 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)
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(b)
Livestock—
(1)
In general— The grazing of livestock in the wilderness areas, if 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 considers to be necessary in accordance with—
(A)
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 (House Report 101–405).
(2)
Inventory— With respect to each wilderness area in which grazing of livestock is allowed to continue under paragraph (1), not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall—
(A)
carry out an inventory of facilities and improvements associated with grazing activities in the wilderness area; and
(B)
review and revise the applicable allotment management plan and grazing permit information.
(c)
Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40), the Secretary may take such measures in the wilderness areas as are necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with the State or a local agency.
(d)
Adjacent management—
(1)
In general— Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas.
(2)
Nonwilderness activities— The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
(e)
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.
(f)
Outfitting and guide activities— Commercial services (including authorized outfitting and guide activities) within the wilderness areas may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas.
(g)
Casual collection—
(1)
Definition of casual collection—
(A)
In general— In this subsection, the term casual collection means the collection of common invertebrate and plant paleontological resources or rocks and minerals—
(i)
by—
(I)
surface collection; or
(II)
the use of nonpowered hand tools;
(ii)
for noncommercial personal use of a reasonable quantity, as determined by the Secretary; and
(iii)
that results in negligible disturbance, as determined by the Secretary, of—
(I)
the surface of the Earth; and
(II)
other resources.
(B)
Inclusion— The term casual collection includes the hobby collecting of rocks, subject to the discretion of the Secretary.
(2)
Casual collection allowed— The Secretary may allow casual collection in the wilderness areas if the casual collection is consistent with—
(A)
the recreational or other wilderness purposes of the wilderness areas, as determined by the Secretary; and
(B)
(i)
with respect to land managed by the Bureau of Land Management, the applicable resource management plan, as in existence on the date of enactment of this Act; or
(ii)
with respect to land managed by the Forest Service, the Manti–La Sal National Forest Plan, 1986.
(h)
Land acquisition and incorporation of acquired land and interests—
(1)
Acquisition authority— The Secretary may acquire land and interests in land within the boundaries of a wilderness area by donation, purchase from a willing seller, or exchange.
(2)
Incorporation— Any land or interest in land within 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.
(i)
Native American cultural and religious uses— Nothing in this title diminishes—
(1)
the rights of any Tribe; or
(2)
any Tribal rights regarding access to Federal land for Tribal activities, including spiritual, cultural, and traditional food-gathering activities.
(j)
Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
(k)
Water rights—
(1)
Statutory construction— Nothing in this Act—
(A)
constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas;
(B)
affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act;
(C)
establishes a precedent with regard to any future wilderness designations;
(D)
affects the interpretation of, or any designation made under, any other Act; or
(E)
limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
(2)
State water law— The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas.
(3)
Limitation on new water resource facilities—
(A)
Definition of water resource facility—
(i)
In general— In this paragraph, the term water resource facility means an irrigation and pumping facility, reservoir, water conservation works, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission or other ancillary facility, and any other water diversion, storage, or carriage structure.
(ii)
Exclusion— In this paragraph, the term water resource facility does not include a wildlife guzzler or a management activity described in section 203.
(B)
Limitation— Except as otherwise provided in this Act, on or after the date of enactment of this Act, the President or any other officer, employee, or agent of the United States may not fund, assist, authorize, or issue a license or permit for the development of any new water resource facility inside a wilderness area.
(l)
Memorandum of understanding— The Secretary shall offer to enter into a memorandum of understanding with the County to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Crack Canyon Wilderness established by section 201(a)(2).

Sec. 203 Fish and wildlife management

(a)
Jurisdiction of State— Nothing in this title affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.
(b)
Authority of Secretary— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish and wildlife habitats to support the populations) in any wilderness area if the activities are—
(1)
consistent with applicable wilderness management plans; and
(2)
carried out in accordance with—
(A)
the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B)
applicable guidelines and policies, including applicable policies described in appendix B of House Report 101–405.

Sec. 204 Release of land for nonwilderness use

(a)
Finding— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 14,779 acres of public land administered by the Bureau of Land Management in the County that has not been designated as wilderness by section 201(a) has been adequately studied for wilderness designation.
(b)
Release— The public land described in subsection (a)—
(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)); and
(2)
shall be managed in accordance with—
(A)
applicable law; and
(B)
any applicable land management plan adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).