[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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