[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 342

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2013

 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.

    This Act may be cited as the ``Pine Forest Range Recreation 
Enhancement Act of 2013''.

SEC. 2. 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 July 5, 
        2011.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Wilderness.--The term ``Wilderness'' means the Pine 
        Forest Range Wilderness designated by section 3(a).

SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal 
land managed by the Bureau of Land Management, 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 that is bordered by a road shall be 100 feet from 
        the edge of the road.
            (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/Corral 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 shall 
        be 160 feet downstream from the dam at Little Onion Reservoir.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Wilderness.
            (2) Effect.--The 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.--The 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.
    (d) Withdrawal.--Subject to valid existing rights, the Wilderness 
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 relating to mineral and 
        geothermal leasing or mineral materials.

SEC. 4. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the Wilderness 
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 the Wilderness 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 the Wilderness 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, 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 the Wilderness 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.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the Wilderness to create a protective perimeter 
        or buffer zone around the Wilderness.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within the 
        Wilderness shall not preclude the conduct of the activities or 
        uses outside the boundary of the Wilderness.
    (e) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        Wilderness, including military overflights that can be seen or 
        heard within the Wilderness;
            (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.
    (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 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) Wildfire Management Operations.--Nothing in this Act precludes 
a Federal, State, or local agency from conducting wildfire management 
operations (including operations using aircraft or mechanized 
equipment).
    (h) 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 collection devices in the Wilderness if the Secretary 
determines that the facilities and access to the facilities are 
essential to flood warning, flood control, or water reservoir operation 
activities.
    (i) 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 the Wilderness;
                    (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.
            (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. 5. 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 portions of the Blue Lakes and Alder Creek wilderness 
study areas not designated as wilderness by section 3(a) have 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)); and
            (2) shall be managed in accordance with the applicable land 
        use plans adopted under section 202 of that Act (43 U.S.C. 
        1712).

SEC. 6. 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.
    (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 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 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 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), the State may continue to use aircraft, including 
helicopters, to survey, capture, transplant, monitor, and provide water 
for wildlife populations in the Wilderness.
    (d) 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.
            (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).
    (e) Cooperative Agreement.--
            (1) In general.--The State, including a designee of the 
        State, may conduct wildlife management activities in the 
        Wilderness--
                    (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 Wilderness.

SEC. 7. LAND EXCHANGES.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means Federal 
        land in the County that is identified for disposal by the 
        Secretary through the Winnemucca Resource Management Plan.
            (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.--Consistent with 
applicable law and subject to subsection (c), the Secretary may 
exchange the Federal land for non-Federal land.
    (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.

SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    Nothing in this Act 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. 450b)).
                                 <all>