[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5437 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5437

    To expand the Pajarita Wilderness and designate the Tumacacori 
  Highlands Wilderness in Coronado National Forest, Arizona, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2014

 Mr. Grijalva introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To expand the Pajarita Wilderness and designate the Tumacacori 
  Highlands Wilderness in Coronado National Forest, Arizona, and for 
                            other purposes.

    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 ``Tumacacori Highlands Wilderness 
Act''.

SEC. 2. EXPANSION OF PAJARITA WILDERNESS, CORONADO NATIONAL FOREST, 
              ARIZONA.

    (a) Expansion.--Section 101(a)(17) of the Arizona Wilderness Act of 
1984 (Public Law 98-406; 98 Stat. 1487; 16 U.S.C. 1132 note) is amended 
by inserting after ``1984,'' the following: ``and which comprise 
approximately 13,300 acres, as generally depicted on a map entitled 
`Proposed Tumacacori Highlands Wilderness and Pajarita Wilderness 
Addition' and dated February 18, 2009,''.
    (b) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary of Agriculture shall 
submit a copy of the map referred to in the amendment made by 
subsection (a) and a legal description of the National Forest System 
land included in the Pajarita Wilderness by the amendment with the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives. The map 
and legal description shall have the same force and effect as if 
included in the Arizona Wilderness Act of 1984, except that the 
Secretary may correct clerical and typographical errors in the map and 
legal description. The map and legal description shall be on file and 
available for public inspection in the appropriate offices of the 
Forest Service.

SEC. 3. DESIGNATION OF TUMACACORI HIGHLANDS WILDERNESS, CORONADO 
              NATIONAL FOREST, ARIZONA.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain lands in the Coronado National 
Forest, Arizona, which comprise approximately 70,000 acres, as 
generally depicted on a map entitled ``Proposed Tumacacori Highlands 
Wilderness and Pajarita Wilderness Addition'' and dated February 18, 
2009, are hereby designated as wilderness and, therefore, as a 
component of the National Wilderness Preservation System, which shall 
be known as the ``Tumacacori Highlands Wilderness''.
    (b) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary of Agriculture shall 
submit a copy of the map referred to in subsection (a) and a legal 
description of the Tumacacori Highlands Wilderness with the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives. The map and legal 
description 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 and legal description. The map and legal description 
shall be on file and available for public inspection in the appropriate 
offices of the Forest Service.

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Covered Wilderness Areas.--In this section, the term ``covered 
wilderness area'' means--
            (1) the National Forest System land included in the 
        Pajarita Wilderness by the amendment made by section 2(a); and
            (2) the Tumacacori Highlands Wilderness designated by 
        section 3(a).
    (b) Administration.--The Secretary of Agriculture shall manage the 
covered wilderness area in accordance with the Wilderness Act (16 
U.S.C. 1131 et seq.) and this section, except that, with respect to a 
covered wilderness area, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of the enactment of this Act.
    (c) Valid Existing Rights.--Nothing in this section shall affect 
any valid existing right.
    (d) Buffer Zones.--As provided in section 101(d) of the Arizona 
Wilderness Act of 1984 (Public Law 98-406; 98 Stat. 1488), Congress 
does not intend that designation of a covered wilderness area lead to 
the creation of protective perimeters or buffer zones around the 
covered wilderness area. The fact that nonwilderness activities or uses 
can be seen or heard from areas within a covered wilderness area shall 
not, of itself, preclude such activities or uses up to the boundary of 
the covered wilderness area.
    (e) Grazing.--Grazing of livestock and maintenance of existing 
facilities related to grazing in a covered wilderness area, where 
established before the date of the enactment of this Act, shall be 
permitted to continue 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 House Report 96-617 to 
        accompany H.R. 5487 of the 96th Congress.
    (f) Hunting, Fish and Wildlife.--
            (1) Hunting.--Nothing in this section or the Wilderness Act 
        (16 U.S.C. 1131 et seq.) shall affect hunting, under applicable 
        State and Federal laws and regulations, within a covered 
        wilderness area.
            (2) Jurisdiction.--As provided in section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 
        or the Wilderness Act shall be construed as affecting the 
        jurisdiction or responsibilities of the State of Arizona with 
        respect to fish and wildlife in the State.
            (3) Wildlife management.--Management activities to maintain 
        or restore fish and wildlife populations and the habitats to 
        support such populations may be carried out within a covered 
        wilderness area, where consistent with the Wilderness Act (16 
        U.S.C. 1131 et seq.) and other applicable laws.
            (4) Cooperative agreement.--The Secretary shall enter into 
        a cooperative agreement with the State of Arizona for 
        management of fish and wildlife within a covered wilderness 
        area. The cooperative agreement shall specify the terms and 
        conditions under which the State or a designee of the State may 
        use wildlife management activities in a covered wilderness area 
        consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), 
        and other applicable laws.
    (g) Protection of Tribal Rights.--Nothing in this section shall be 
construed to diminish the existing rights of any Indian tribe. Nothing 
in this section shall be construed to diminish tribal rights regarding 
access to Federal lands for tribal activities, including spiritual, 
cultural, and traditional food gathering activities.
    (h) Military Activities.--Nothing in this section shall preclude 
low level overflights of military aircraft, the designation of new 
units of special airspace, or the use or establishment of military 
flight training routes over a covered wilderness area.
    (i) Border Enforcement and Drug Interdiction.--Because of the 
proximity of the covered wilderness areas to the United States-Mexico 
international border, drug interdiction and border enforcement 
operations are common management actions throughout the area 
encompassing the covered wilderness areas. This Act recognizes the need 
to continue such management actions so long as such management actions 
are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.) and existing inter-agency agreements.
    (j) Maintenance of Existing Communications Facilities.--The 
provisions of the Wilderness Act shall not be construed to prevent--
            (1) the maintenance of communications facilities, in 
        existence on the date of the enactment of this Act and located 
        in a covered wilderness area; or
            (2) limited motorized access to such facilities when 
        nonmotorized access means are not reasonably available or when 
        time is of the essence, subject to such conditions as the 
        Secretary of Agriculture considers to be desirable.
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