[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1788 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1788

To designate the Pine Forest Range Wilderness area in Humboldt County, 
                                Nevada.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2011

 Mr. Reid (for himself and Mr. Heller) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate the Pine Forest Range Wilderness area in Humboldt County, 
                                Nevada.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pine Forest Range 
Recreation Enhancement Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Addition to National Wilderness Preservation System.
Sec. 5. Administration.
Sec. 6. Adjacent management.
Sec. 7. Military overflights.
Sec. 8. Native American cultural and religious uses.
Sec. 9. Release of wilderness study areas.
Sec. 10. Wildlife management.
Sec. 11. Wildfire, insect, and disease management.
Sec. 12. Climatological data collection.
Sec. 13. Land exchanges.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) public land in the Pine Forest Range contains unique 
        and spectacular natural resources, including--
                    (A) priceless habitat for numerous species of 
                plants and wildlife; and
                    (B) thousands of acres of land that remain in a 
                natural state;
            (2) continued preservation of the public land would benefit 
        the County and the United States by--
                    (A) ensuring the conservation of ecologically 
                diverse habitat;
                    (B) protecting prehistoric cultural resources;
                    (C) conserving primitive recreational resources; 
                and
                    (D) protecting air and water quality; and
            (3) designation of the Pine Forest Range as a wilderness 
        area is supported by the State, units of local governments, and 
        the surrounding communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Humboldt County, 
        Nevada.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Proposed Pine Forest Wilderness Area'' and dated May 4, 2011.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.

SEC. 4. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Designation.--Certain Federal land managed by the Bureau of 
Land Management, comprising approximately 26,000 acres, as generally 
depicted on the Map is designated as wilderness and as a component of 
the National Wilderness Preservation System, to be known as the ``Pine 
Forest Range Wilderness''.
    (b) Boundary.--
            (1) Road access.--The boundary of any portion of the 
        wilderness area designated by subsection (a) that is bordered 
        by a road shall be at least 100 feet away from the edge of the 
        road to allow public access.
            (2) Road adjustments.--The Secretary shall--
                    (A) reroute the road running through Long Meadow to 
                the west to remove the road from the riparian area;
                    (B) reroute the road currently running through 
                Rodeo Flat Meadow to the east to remove the road from 
                the riparian area; and
                    (C) close, except for administrative use, the road 
                along Lower Alder Creek south of Bureau of Land 
                Management road #2083.
            (3) Reservoir access.--The boundary of the wilderness area 
        designated by subsection (a) shall be at least 160 feet 
        downstream from the dam at Little Onion Reservoir to allow 
        public access.
    (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 the wilderness area designated by subsection (a) 
        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.--The 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 
        clerical and typographical errors in the map or legal 
        description.
            (3) Availability.--Each map and legal description filed 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Bureau of Land 
        Management.
    (d) Withdrawal.--Subject to valid existing rights, the wilderness 
area designated by subsection (a) is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

SEC. 5. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the land 
designated as wilderness by this Act 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 of that 
        Act 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.--Within the wilderness area designated by this Act, 
the grazing of livestock in areas administered by the Bureau of Land 
Management in which grazing is established as of the date of enactment 
of this Act shall be allowed to continue--
            (1) subject to such reasonable regulations, policies, and 
        practices as the Secretary considers to be necessary; and
            (2) consistent with section 4(d)(4) of the Wilderness Act 
        (16 U.S.C. 1133(d)(4)), including the guidelines set forth in 
        Appendix A of House Report 101-405.
    (c) Incorporation of Acquired Land and Interests.--Any land or 
interest in land within the boundaries of the area designated as 
wilderness by this Act 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) Water Rights.--
            (1) Findings.--Congress finds that--
                    (A) the land designated as wilderness by this Act 
                is 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 land designated as wilderness by this Act 
                is generally not suitable for use or development of new 
                water resource facilities; and
                    (C) because of the unique nature of the land 
                designated as wilderness by this Act, 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 land designated as wilderness by this 
        Act by means other than a federally reserved water right.
            (3) 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 a wilderness designated by this Act;
                    (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 
        area designated by this Act.
            (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 or after 
                the date of 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 a wilderness area, 
                any portion of which is located in the County.

SEC. 6. ADJACENT MANAGEMENT.

    (a) In General.--Congress does not intend for the designation of 
land as wilderness by this Act to create a protective perimeter or 
buffer zone around the wilderness area.
    (b) Nonwilderness Activities.--The fact that nonwilderness 
activities or uses can be seen or heard from areas within the 
wilderness designated by this Act shall not preclude the conduct of the 
activities or uses outside the boundary of the wilderness area.

SEC. 7. MILITARY OVERFLIGHTS.

    Nothing in this Act restricts or precludes--
            (1) low-level overflights of military aircraft over the 
        area designated as wilderness by this Act, including military 
        overflights that can be seen or heard within the wilderness 
        area;
            (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 area.

SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this Act diminishes--
            (1) the rights of any Indian tribe; or
            (2) tribal rights regarding access to Federal land for 
        tribal activities, including spiritual, cultural, and 
        traditional food-gathering activities.

SEC. 9. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for the purposes of section 603 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the Bureau of Land Management land in any portion of the Blue Lakes and 
Alder Creek wilderness study areas not designated as wilderness by 
section 4(a) has been adequately studied for wilderness designation.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by this Act--
            (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));
            (2) shall be managed in accordance with--
                    (A) land management plans adopted under section 202 
                of that Act (43 U.S.C. 1712); and
                    (B) cooperative conservation agreements in 
                existence on the date of enactment of this Act; and
            (3) shall be subject to the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.).

SEC. 10. 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 Act 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 area designated by this Act.
    (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 the populations may be carried out within the 
wilderness area designated by this Act, 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 House Report 101-405, including 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.--Consistent 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 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 designated by 
section 4(a) 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, by 
        regulation, 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 designated by section 4(a).
            (2) Consultation.--Except in emergencies, the Secretary 
        shall consult with the appropriate State agency before 
        promulgating regulations 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 area designated by this Act--
                    (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 reference to Clark County in the cooperative 
        agreement described in paragraph (1)(A) shall be considered to 
        be a reference to the Pine Forest Range Wilderness.

SEC. 11. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.

    (a) In General.--Consistent 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 designated by this Act as may be 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).
    (b) Effect.--Nothing in this Act precludes a Federal, State, or 
local agency from conducting wildfire management operations (including 
operations using aircraft or mechanized equipment).

SEC. 12. CLIMATOLOGICAL DATA COLLECTION.

    If the Secretary determines that hydrologic, meteorologic, or 
climatological collection devices are appropriate to further the 
scientific, educational, and conservation purposes of the wilderness 
area designated by this Act, nothing in this Act precludes the 
installation and maintenance of the collection devices within the 
wilderness area.

SEC. 13. LAND EXCHANGES.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means Federal 
        land in the County that--
                    (A) is not segregated or withdrawn on or after the 
                date of enactment of this Act;
                    (B) is identified for disposal by the Bureau of 
                Land Management through the Winnemucca Resource 
                Management Plan; and
                    (C) is determined by the Bureau of Land Management 
                to be appropriate for exchange consistent with section 
                206 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716).
            (2) Non-federal land.--The term ``non-Federal land'' means 
        land identified on the Map as ``non-Federal lands for 
        exchange''.
    (b) Acquisition of Land and Interests in Land.--
            (1) In general.--Consistent with applicable law and subject 
        to subsection (c), the Secretary may exchange the Federal land 
        for non-Federal land.
            (2) Incorporation of acquired land.--Any non-Federal land 
        or interest in non-Federal land in, or adjoining the boundary 
        of, the Pine Forest Range Wilderness Area that is acquired by 
        the United States shall be added to, and administered as part 
        of, the Pine Forest Range Wilderness Area.
    (c) Conditions.--Each land exchange under subsection (a) shall be 
subject to--
            (1) the condition that the owner of the non-Federal land 
        pay not less than 50 percent of all costs relating to the land 
        exchange, including the costs of appraisals, surveys, and any 
        necessary environmental clearances; and
            (2) such additional terms and conditions as the Secretary 
        may require.
    (d) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchanges under this section be completed by not 
later than 5 years after the date of enactment of this Act.
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