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Title II — Wilderness Areas

S. 2804 · 116th Congress · Nov 6, 2019 · 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)
Cain Mountain Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,339 acres, as generally depicted on the map entitled “Proposed Cain Mountain Wilderness” and dated February 9, 2017, which shall be known as the “Cain Mountain Wilderness”.
(2)
Bluewing Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 24,900 acres, as generally depicted on the map entitled “Proposed Bluewing Wilderness” and dated February 9, 2017, which shall be known as the “Bluewing Wilderness”.
(3)
Selenite Peak Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 22,822 acres, as generally depicted on the map entitled “Proposed Selenite Peak Wilderness” and dated February 9, 2017, which shall be known as the “Selenite Peak Wilderness”.
(4)
Mount Limbo Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,855 acres, as generally depicted on the map entitled “Proposed Mt. Limbo Wilderness” and dated February 9, 2017, which shall be known as the “Mount Limbo Wilderness”.
(5)
North Sahwave Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,875 acres, as generally depicted on the map entitled “Proposed North Sahwave Wilderness” and dated February 9, 2017, which shall be known as the “North Sahwave Wilderness”.
(6)
Grandfathers Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 35,339 acres, as generally depicted on the map entitled “Proposed Grandfathers Wilderness” and dated February 9, 2017, which shall be known as the “Grandfathers Wilderness”.
(7)
Fencemaker Wilderness— Certain Federal land managed by the Bureau of Land Management, comprising approximately 14,942 acres, as generally depicted on the map entitled “Proposed Fencemaker Wilderness” and dated February 9, 2017, which shall be known as the “Fencemaker Wilderness”.
(b)
Boundary— The boundary of any portion of a wilderness area that is bordered by a road shall be 100 feet from the centerline of the road.
(c)
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.
(2)
Effect— Each map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description.
(3)
Availability— Each map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(4)
Withdrawal— Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from—
(A)
all forms of entry, appropriation, and 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 geothermal leasing or mineral materials.

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 with respect to the wilderness areas—
(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— 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—
(1)
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(2)
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).
(c)
Incorporation of acquired land and interests— 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.
(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)
Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), 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 a State or local agency).
(g)
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 data 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.
(h)
Water rights—
(1)
Findings— Congress finds that—
(A)
the wilderness areas are located—
(i)
in the semiarid region of the Great Basin; and
(ii)
at the headwaters of the streams and rivers on land with respect to which there are few, if any—
(I)
actual or proposed water resource facilities located upstream; and
(II)
opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land;
(B)
the wilderness areas are generally not suitable for use or development of new water resource facilities; and
(C)
because of the unique nature of the wilderness areas, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws.
(2)
Purpose— The purpose of this section is to protect the wilderness values of the wilderness areas by means other than a federally reserved water right.
(3)
Statutory construction— Nothing in this title—
(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.
(4)
Nevada 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.
(5)
New projects—
(A)
Definition of water resource facility—
(i)
In general— In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.
(ii)
Exclusion— In this paragraph, the term water resource facility does not include wildlife guzzlers.
(B)
Restriction on new water resource facilities— 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 within the wilderness areas.
(i)
Temporary telecommunications device—
(1)
In general— Nothing in this title prevents the placement of a temporary telecommunications device for law enforcement or agency administrative purposes in the Selenite Peak Wilderness in accordance with paragraph (2).
(2)
Additional requirements— Any temporary telecommunications device authorized by the Secretary under paragraph (1) shall—
(A)
be carried out in accordance with—
(i)
the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii)
all other applicable laws (including regulations);
(B)
to the maximum practicable, be located in such a manner as to minimize impacts on the recreational and other wilderness values of the area; and
(C)
be for a period of not longer than 7 years.

Sec. 203 Wildlife management

(a)
In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas.
(b)
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the wilderness areas that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out—
(1)
consistent with relevant wilderness management plans; and
(2)
in accordance with—
(A)
the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B)
appropriate policies, such as those set forth in Appendix B 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), including noxious weed treatment and the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks.
(c)
Existing activities— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B 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), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations.
(d)
Wildlife water development projects— Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if—
(1)
the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and
(2)
the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.
(e)
Hunting, fishing, and trapping—
(1)
In general— The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas.
(2)
Consultation— Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1).
(f)
Cooperative agreement—
(1)
In general— The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas—
(A)
in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled “Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9” and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and
(B)
subject to all applicable laws (including regulations).
(2)
References; Clark County— For the purposes of this subsection, any references to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the wilderness areas.

Sec. 204 Release of wilderness study areas

(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 48,600 acres of public land in the portions of the China Mountain, Mt. Limbo, Selenite Mountains, and Tobin Range wilderness study areas that have not been designated as wilderness by section 201(a) and the portion of the Augusta Mountains wilderness study area within the County that has not been designated as wilderness by section 201(a) have 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 the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

Sec. 205 Native American cultural and religious uses

(a)
In general— Nothing in this title alters or diminishes the treaty rights of any Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
(b)
Cultural uses— Nothing in this title precludes the traditional collection of pine nuts in a wilderness area for personal, noncommercial use consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).