[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3310 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3310
To designate certain wilderness areas in the National Forest System in
the State of South Dakota.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2010
Mr. Johnson introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To designate certain wilderness areas in the National Forest System in
the State of South Dakota.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tony Dean Cheyenne River Valley
Conservation Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of South
Dakota.
(3) Wilderness area.--The term ``wilderness area'' means
any of the areas designated as components of the National
Wilderness Preservation System by section 3(a).
SEC. 3. WILDERNESS AREAS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) The approximately 27,500 acres of land, as generally
depicted on the map entitled ``Indian Creek East and Indian
Creek West'', which shall be known as the ``Indian Creek
Wilderness''.
(2) The approximately 16,007 acres of land, as generally
depicted on the map entitled ``Red Shirt and Red Shirt East'',
which shall be known as the ``Red Shirt Wilderness''.
(3) The approximately 4,518 acres of land, as generally
depicted on the map entitled ``Chalk Hills'', which shall be
known as the ``Chalk Hills Wilderness''.
(b) Maps and Legal Description.--
(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 Office of the
Chief of the Forest Service.
(c) Administration.--
(1) In general.--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 any reference in that Act to the effective date
shall be considered to be a reference to the date of enactment
of this Act.
(2) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Continuation of livestock grazing.--In the wilderness
areas, the grazing of livestock and the maintenance of existing
facilities related to grazing in areas in which grazing is
established as of the date of enactment of this Act shall be
allowed to continue, consistent with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(B) the guidelines set forth in House Report 96-617
to accompany H.R. 5487 of the 96th Congress.
(4) Fish and wildlife management.--
(A) State jurisdiction.--In accordance with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this Act affects or diminishes the
jurisdiction of the State with respect to fish and
wildlife management in the wilderness areas (including
the regulation of hunting, fishing, and trapping).
(B) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), management activities to maintain
or restore fish and wildlife populations and the
habitats to support those populations may be carried
out within the wilderness areas in accordance with
relevant wilderness management plans and appropriate
policies (such as those described in Appendix B of
House Report 101-405 of the 101st Congress), including
the occasional and temporary use of motorized vehicles,
if the Secretary determines that the activities would--
(i) promote healthy, viable, and more
naturally distributed wildlife populations; and
(ii) using the minimum tool necessary,
enhance wilderness values.
(5) Fire, insects, invasive species, and diseases
management activities.--The Secretary may undertake such
measures as are necessary to control and prevent fire, insects,
invasive species, and diseases, in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including
the coordination of those activities with a State or local
agency.
(6) Military activities.--Nothing in this Act precludes--
(A) low-level overflights of military aircraft over
the wilderness areas;
(B) the designation of new units of special
airspace over the wilderness areas; or
(C) the use or establishment of military flight
training routes over the wilderness areas.
(7) Native american uses and interests.--Nothing in this
Act diminishes the rights of Indian tribes with respect to
access to Federal land for tribal activities (including
spiritual, cultural, and traditional food-gathering
activities).
(8) Access to property.--The Secretary shall provide any
owner of private property within the boundary of a wilderness
area, including the State, adequate access to the private
property.
(9) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law,
the Secretary may acquire from willing sellers land or
interests in land within the boundaries of the
wilderness areas by purchase, donation, or exchange.
(B) Incorporation of acquired land.--Any land or
interest in land within a wilderness area that is
acquired by the United States shall be added to, and
administered as part of, the applicable wilderness
area.
(10) Adjacent management.--
(A) No protective perimeters or buffer zones.--
Congress does not intend for the designation of a
wilderness area to result in the creation of protective
perimeters or buffer zones around any of the wilderness
areas.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses outside of a
wilderness area can be seen or heard from inside of the
wilderness area shall not preclude the conduct of the
nonwilderness activities or uses outside the boundaries
of the wilderness area.
SEC. 4. PRAIRIE DOGS.
Nothing in this Act enhances or diminishes the existing authority
of the Secretary and the Secretary of the Interior to manage prairie
dog populations and habitats on public land.
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