[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3145 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3145

To extend the withdrawal and reservation of certain public land in the 
 State of Nevada for the continued use of the Nevada test and training 
range, to designate certain land in the Desert National Wildlife Refuge 
                 as wilderness, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2019

 Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To extend the withdrawal and reservation of certain public land in the 
 State of Nevada for the continued use of the Nevada test and training 
range, to designate certain land in the Desert National Wildlife Refuge 
                 as wilderness, 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 ``Desert National Wildlife Refuge and 
Nevada Test and Training Range Withdrawal and Management Act''.

SEC. 2. EXTENSION OF WITHDRAWAL AND RESERVATION OF CERTAIN PUBLIC LAND 
              IN NEVADA FOR THE CONTINUED USE OF THE NEVADA TEST AND 
              TRAINING RANGE.

    (a) In General.--Section 3015(a) of the Military Lands Withdrawal 
Act of 1999 (Public Law 106-65; 113 Stat. 892) is amended--
            (1) by striking ``The withdrawal'' and inserting the 
        following:
            ``(1) In general.--The withdrawal''; and
            (2) in paragraph (1) (as so designated), by striking ``20 
        years after November 6, 2001'' and inserting the following: 
        ``in accordance with paragraphs (2) and (3), as applicable.
            ``(2) Naval air station fallon ranges, nevada.--The 
        withdrawal and reservation of lands for the Naval Air Station 
        Fallon Ranges, Nevada, under section 3011(a) shall terminate on 
        November 6, 2021.
            ``(3) Nevada test and training range.--The withdrawal and 
        reservation of lands for the Nevada Test and Training Range 
        under section 3011(b) shall terminate on November 6, 2041.''.
    (b) Lands Withdrawn and Reserved.--
            (1) In general.--Section 3011(b)(4) of the Military Lands 
        Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) is 
        amended--
                    (A) by striking ``2,919,890 acres'' and inserting 
                ``3,006,386 acres''; and
                    (B) by striking ``map entitled `Nevada Test and 
                Training Range, Proposed Withdrawal Extension', dated 
                April 22, 1999'' and inserting ``map entitled `Desert 
                National Wildlife Refuge and Nevada Test and Training 
                Range Withdrawal and Management Act', dated December 
                18, 2019''.
            (2) Cultural resource investigation.--The Secretary of the 
        Air Force and the Secretary of the Interior shall not implement 
        the withdrawal of the public lands withdrawn as a result of the 
        amendments made by paragraph (1) until--
                    (A) the Tribal Resource Officer established under 
                subparagraph (K)(i) of section 3011(b)(5) of the 
                Military Lands Withdrawal Act of 1999 (Public Law 106-
                65; 113 Stat. 887), in consultation with the Indian 
                Tribes located in the vicinity of those public lands--
                            (i) completes a cultural resources 
                        investigation and inventory; and
                            (ii) develops a cultural resources plan to 
                        protect, and facilitate Tribal access to, 
                        cultural resources identified by the 
                        investigation and inventory under clause (i); 
                        and
                    (B) the Secretary of the Air Force and the 
                Secretary of the Interior implement the cultural 
                resources plan developed under subparagraph (A)(ii).
            (3) Maps and legal descriptions.--In implementing the 
        amendments made by paragraph (1), the reference in section 
        3012(a) of the Military Lands Withdrawal Act of 1999 (Public 
        Law 106-65; 113 Stat. 890) to the date of enactment of that Act 
        shall be considered to be a reference to the date of enactment 
        of this Act.
    (c) Military Infrastructure Deployment.--Section 3011(b)(5)(C) of 
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 
887) is amended--
            (1) by striking ``If the'' and inserting the following:
                            ``(i) In general.--If the''; and
            (2) by adding at the end the following:
                            ``(ii) Military infrastructure 
                        deployment.--
                                    ``(I) In general.--The Secretary of 
                                the Air Force, in consultation with the 
                                Secretary of the Interior, may deploy 
                                not more than 15 threat emitters as 
                                close as possible to existing roads 
                                within the portions of the Desert 
                                National Wildlife Refuge that are 
                                closed to the public for military 
                                operations, public safety, or national 
                                security purposes pursuant to clause 
                                (i).
                                    ``(II) Placement.--Threat emitters 
                                deployed under subclause (I) shall be 
                                placed in such locations as would, as 
                                determined by the Secretary of the Air 
                                Force, in consultation with the 
                                Secretary of the Interior, to the 
                                maximum extent practicable, avoid--
                                            ``(aa) impacts to 
                                        wilderness areas designated by 
                                        section 3(b)(1) of the Desert 
                                        National Wildlife Refuge and 
                                        Nevada Test and Training Range 
                                        Withdrawal and Management Act;
                                            ``(bb) wildlife guzzler 
                                        installations;
                                            ``(cc) riparian areas; and
                                            ``(dd) Tribal cultural, 
                                        historic, and religious 
                                        sites.''.
    (d) United States Fish and Wildlife Service Access.--Section 
3011(b)(5)(D) of the Military Lands Withdrawal Act of 1999 (Public Law 
106-65; 113 Stat. 888) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``effect'' and inserting ``affect any of''; and
            (2) by adding at the end the following:
                            ``(iv) The ability of the Secretary of the 
                        Interior to regularly access (not less 
                        frequently than monthly) the portions of the 
                        joint use area of the Desert National Wildlife 
                        Refuge where the Secretary of the Interior 
                        exercises primary jurisdiction to carry out the 
                        management responsibilities of the Secretary of 
                        the Interior for the Desert National Wildlife 
                        Refuge, including the installation or 
                        maintenance of wildlife water development 
                        projects, subject to such terms and conditions 
                        as to which the Secretary of the Interior and 
                        the Secretary of the Air Force may mutually 
                        agree.''.
    (e) Memorandum of Understanding.--Section 3011(b)(5)(E) of the 
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 
888) is amended by adding at the end the following:
                    ``(v) Updates.--
                            ``(I) In general.--Not later than 90 days 
                        after the date of enactment of this paragraph, 
                        the Secretary of the Interior and the Secretary 
                        of the Air Force shall enter into a memorandum 
                        of understanding (or revise any memorandum of 
                        understanding in effect as of the date of 
                        enactment of this paragraph) with respect to 
                        the management of withdrawn and reserved lands 
                        within the Desert National Wildlife Refuge to 
                        ensure that the memorandum of understanding 
                        incorporates the amendments made by section 2 
                        of the Desert National Wildlife Refuge and 
                        Nevada Test and Training Range Withdrawal and 
                        Management Act.
                            ``(II) Additional terms and conditions.--
                        The memorandum of understanding described in 
                        subclause (I) may be revised to include such 
                        other terms and conditions as to which the 
                        Secretary of the Interior and the Secretary of 
                        the Air Force may mutually agree.''.
    (f) Fish and Wildlife Habitat Support.--Section 3011(b)(5)(F) of 
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 
889) is amended--
            (1) in clause (i), by striking ``for the'' and inserting 
        ``for fish and wildlife habitat support or for the''; and
            (2) in clause (ii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``clause (i) to--'' and inserting ``clause 
                (i)--'';
                    (B) in subclause (I), by striking ``(I) acquire'' 
                and inserting ``(I)(aa) acquire'';
                    (C) by redesignating subclause (II) as item (bb);
                    (D) in subclause (I)(bb) (as so redesignated), by 
                striking ``such lands.'' and inserting ``the lands 
                described in item (aa); and''; and
                    (E) by adding at the end the following:
                            ``(II) provide mitigation payments to the 
                        Secretary of the Interior for fish and wildlife 
                        habitat support on lands withdrawn and reserved 
                        for use by the Air Force within the Desert 
                        National Wildlife Refuge.''.
    (g) Wildlife Water Development Projects.--Section 3011(b)(5) of the 
Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 
887) is amended by adding at the end the following:
                    ``(G) Wildlife water development projects.--
                            ``(i) In general.--The Secretary of the 
                        Interior may authorize structures and 
                        facilities for wildlife water development 
                        projects (including guzzlers) in the Desert 
                        National Wildlife Refuge if the structures and 
                        facilities--
                                    ``(I) will enhance the purposes of 
                                the Desert National Wildlife Refuge by 
                                promoting healthy, viable, and more 
                                naturally distributed wildlife 
                                populations; and
                                    ``(II) are consistent with the laws 
                                (including regulations) generally 
                                applicable to the management of the 
                                Desert National Wildlife Refuge and the 
                                National Wildlife Refuge System.
                            ``(ii) Access.--The Secretary of the 
                        Interior, in consultation with the Secretary of 
                        the Air Force and the State of Nevada, shall 
                        provide for access to allow for necessary 
                        maintenance and monitoring of the structures 
                        and facilities authorized under clause (i).''.
    (h) United States Fish and Wildlife Service and Department of the 
Air Force Coordination.--Section 3011(b)(5) of the Military Lands 
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended 
by subsection (g)) is amended by adding at the end the following:
                    ``(H) Interagency committee.--The Secretary of the 
                Interior and the Secretary of the Air Force shall 
                jointly establish an interagency committee to 
                facilitate coordination and minimize potential conflict 
                between the Department of the Interior and the 
                Department of the Air Force with respect to joint 
                operating areas within the Desert National Wildlife 
                Refuge.''.
    (i) Intergovernmental Executive Committee.--Section 3011(b)(5) of 
the Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 
887) (as amended by subsection (h)) is amended by adding at the end the 
following:
                    ``(I) Intergovernmental executive committee.--
                            ``(i) Establishment.--The Secretary of the 
                        Interior and the Secretary of the Air Force 
                        shall jointly establish, by memorandum of 
                        understanding, an intergovernmental executive 
                        committee (referred to in this subparagraph as 
                        the `executive committee') in accordance with 
                        this subparagraph.
                            ``(ii) Purpose.--The executive committee 
                        shall be established for the purpose of 
                        exchanging views, information, and advice 
                        relating to the management of the natural and 
                        cultural resources of the lands withdrawn and 
                        reserved by this section.
                            ``(iii) Membership.--The executive 
                        committee shall comprise--
                                    ``(I) not more than 3 
                                representatives of State or Federal 
                                offices or agencies, or private groups 
                                or individuals, if the Secretary of the 
                                Air Force and the Secretary of the 
                                Interior jointly determine that the 
                                representatives would further the goals 
                                and objectives of the executive 
                                committee;
                                    ``(II) 1 representative of the 
                                Nevada Department of Wildlife;
                                    ``(III) not more than 1 county 
                                commissioner of each of Clark, Nye, and 
                                Lincoln Counties, Nevada;
                                    ``(IV) not more than 1 
                                representative of each Indian tribe in 
                                the vicinity of the portions of the 
                                joint use area of the Desert National 
                                Wildlife Refuge where the Secretary of 
                                the Interior exercises primary 
                                jurisdiction; and
                                    ``(V) such additional members as 
                                may be designated at the discretion of 
                                the Secretary of the Interior and the 
                                Secretary of the Air Force.
                            ``(iv) Operation.--The executive committee 
                        shall operate in accordance with the terms set 
                        forth in the memorandum of understanding under 
                        clause (i), which shall specify the officials 
                        or other individuals to be invited to 
                        participate in the executive committee.
                            ``(v) Procedures.--Subject to clauses (vi) 
                        and (vii), the memorandum of understanding 
                        under clause (i) shall establish procedures 
                        for--
                                    ``(I) creating a forum for carrying 
                                out the purpose described in clause 
                                (ii);
                                    ``(II) rotating the Chairperson of 
                                the executive committee; and
                                    ``(III) scheduling regular 
                                meetings.
                            ``(vi) Chairperson and vice chairperson.--
                                    ``(I) In general.--The members of 
                                the executive committee shall elect 
                                from among the members--
                                            ``(aa) 1 member to serve as 
                                        the Chairperson of the 
                                        executive committee; and
                                            ``(bb) 1 member to serve as 
                                        the Vice Chairperson of the 
                                        executive committee.
                                    ``(II) Duties.--The duties of each 
                                of the Chairperson and the Vice 
                                Chairperson shall be included in the 
                                memorandum of understanding under 
                                clause (i).
                            ``(vii) Meetings.--
                                    ``(I) Frequency.--The executive 
                                committee shall meet not less 
                                frequently than 3 times every calendar 
                                year.
                                    ``(II) Meeting locations.--
                                Locations of meetings of the executive 
                                committee shall rotate to facilitate 
                                ease of access for all executive 
                                committee members.
                                    ``(III) Public accessibility.--
                                Meetings of the executive committee 
                                shall--
                                            ``(aa) be open to the 
                                        public; and
                                            ``(bb) provide a forum for 
                                        the public to provide comment 
                                        regarding management of the 
                                        Nevada Test and Training Range 
                                        and the Desert National 
                                        Wildlife Refuge.
                            ``(viii) Conditions and terms of 
                        appointment.--
                                    ``(I) In general.--Each member of 
                                the executive committee shall serve 
                                voluntarily and without compensation.
                                    ``(II) Term of appointment.--
                                            ``(aa) In general.--Each 
                                        member of the executive 
                                        committee shall be appointed 
                                        for a term of 4 years.
                                            ``(bb) Original members.--
                                        Notwithstanding item (aa), the 
                                        Secretary of the Interior and 
                                        the Secretary of the Air Force 
                                        shall select--

                                                    ``(AA) \1/2\ of the 
                                                original members of the 
                                                executive committee to 
                                                serve for a term of 4 
                                                years; and

                                                    ``(BB) \1/2\ of the 
                                                original members of the 
                                                executive committee to 
                                                serve for a term of 2 
                                                years.

                                    ``(III) Reappointment and 
                                replacement.--The Secretary of the 
                                Interior and the Secretary of the Air 
                                Force may reappoint or replace a member 
                                of the executive committee if--
                                            ``(aa) the term of the 
                                        member has expired;
                                            ``(bb) the member has 
                                        resigned; or
                                            ``(cc) the position held by 
                                        the member has changed to the 
                                        extent that the ability of the 
                                        member to represent the group 
                                        or entity that the member 
                                        represents has been 
                                        significantly affected.
                            ``(ix) Liaisons.--The Secretary of the Air 
                        Force and the Secretary of the Interior shall 
                        each appoint appropriate operational and land 
                        management personnel of the Department of the 
                        Air Force and the Department of the Interior, 
                        respectively, to serve as liaisons to the 
                        executive committee.''.
    (j) Access to the Refuge.--Section 3011(b)(5) of the Military Lands 
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended 
by subsection (i)) is amended by adding at the end the following:
                    ``(J) Access to the refuge.--
                            ``(i) Public access.--The Secretary of the 
                        Interior shall facilitate timely public access 
                        in portions of the joint use area of the Desert 
                        National Wildlife Refuge that are not closed in 
                        accordance with subparagraph (C)(i) for 
                        military purposes for Tribal, recreational 
                        (including hunting), educational, and research 
                        purposes, in accordance with the laws 
                        (including regulations) generally applicable to 
                        the Desert National Wildlife Refuge and the 
                        National Wildlife Refuge System.
                            ``(ii) Access for state of nevada and 
                        indian tribes.--The Secretary of the Interior 
                        shall facilitate timely access, as determined 
                        by the Secretary of the Interior, to the 
                        portions of the joint use area of the Desert 
                        National Wildlife Refuge where the Secretary of 
                        the Interior exercises primary jurisdiction, 
                        subject to such terms and conditions as to 
                        which the Secretary of the Interior and 
                        Secretary of the Air Force may mutually agree, 
                        to--
                                    ``(I) representatives from the 
                                Nevada Department of Wildlife to carry 
                                out related management responsibilities 
                                to care for wildlife and wildlife 
                                habitat; and
                                    ``(II) Indian tribes in the 
                                vicinity of those portions of the joint 
                                use area to carry out cultural and 
                                religious activities.''.
    (k) Tribal Resource Support.--Section 3011(b)(5) of the Military 
Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as 
amended by subsection (j)) is amended by adding at the end the 
following:
                    ``(K) Tribal resource support.--
                            ``(i) In general.--The Secretary of the Air 
                        Force and the Secretary of the Interior shall 
                        jointly establish the position of Tribal 
                        Resource Officer to provide consultative 
                        services and recommendations to mitigate 
                        impacts to historic and culturally significant 
                        land to local Indian tribes in carrying out 
                        applicable activities under this paragraph.
                            ``(ii) Appointment.--The Secretary of the 
                        Air Force and the Secretary of the Interior 
                        shall appoint an individual to the position 
                        established under clause (i) on the 
                        recommendation of Indian tribes in the vicinity 
                        of the portions of the joint use area of the 
                        Desert National Wildlife Refuge where the 
                        Secretary of the Interior exercises primary 
                        jurisdiction.''.
    (l) Buffer Zone.--Section 3011(b)(5) of the Military Lands 
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 887) (as amended 
by subsection (k)) is amended by adding at the end the following:
                    ``(L) Buffer zone.--The western boundary of the 
                Desert National Wildlife Refuge shall be 2,000 feet 
                west of the road depicted on the map referred to in 
                paragraph (4) as the boundary between the Desert 
                National Wildlife Refuge and the land jointly managed 
                by the Secretary of the Air Force and the Secretary of 
                the Interior.''.
    (m) Indian Tribes.--
            (1) In general.--Nothing in this Act or an amendment made 
        by this Act alters any rights reserved by treaty or Federal law 
        for an Indian Tribe for Tribal use of the public lands 
        withdrawn by paragraphs (1) and (2) of section 3011(b) of the 
        Military Lands Withdrawal Act of 1999 (Public Law 106-65; 113 
        Stat. 886).
            (2) Consultation required.--Not later than 90 days after 
        the date of enactment of this Act, the Secretary of the Air 
        Force and the Secretary of the Interior shall consult with any 
        Indian Tribes in the vicinity of the public lands withdrawn by 
        paragraphs (1) and (2) of section 3011(b) of the Military Lands 
        Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 886) 
        before taking any action within the public lands affecting 
        Tribal rights or cultural resources protected by treaty or 
        Federal law.
    (n) Conforming Amendments.--Section 3011(b) of the Military Lands 
Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 886) is amended--
            (1) by striking the subsection designation and heading and 
        inserting the following:
    ``(b) Nevada Test and Training Range.--''; and
            (2) in paragraph (3), by striking the paragraph designation 
        and heading and inserting the following:
            ``(3) Department of the interior.--''.

SEC. 3. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled ``Desert 
        National Wildlife Refuge and Nevada Test and Training Range 
        Withdrawal and Management Act'' and dated December 9, 2019.
            (2) Refuge.--The term ``Refuge'' means the Desert National 
        Wildlife Refuge.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by subsection (b)(1).
    (b) Designation of Wilderness Areas.--
            (1) In general.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following land within the Refuge is 
        designated as wilderness and as components of the National 
        Wilderness Preservation System:
                    (A) Sheep range wilderness.--Certain Federal land 
                managed by the Director of the United States Fish and 
                Wildlife Service, comprising approximately 433,785 
                acres, generally depicted on the map as ``Sheep Range 
                Wilderness'', which shall be known as the ``Sheep Range 
                Wilderness''.
                    (B) Las vegas range wilderness.--Certain Federal 
                land managed by the Director of the United States Fish 
                and Wildlife Service, comprising approximately 146,826 
                acres, generally depicted on the map as ``Las Vegas 
                Range Wilderness'', which shall be known as the ``Las 
                Vegas Range Wilderness''.
                    (C) Gass peak wilderness.--Certain Federal land 
                managed by the Director of the United States Fish and 
                Wildlife Service, comprising approximately 32,954 
                acres, generally depicted on the map as ``Gass Peak 
                Wilderness'', which shall be known as the ``Gass Peak 
                Wilderness''.
                    (D) Papoose range wilderness.--Certain Federal land 
                managed by the Secretary of the Air Force and the 
                Director of the United States Fish and Wildlife 
                Service, comprising approximately 43,573 acres, 
                generally depicted on the map as ``Papoose Range 
                Wilderness'', which shall be known as the ``Papoose 
                Range Wilderness''.
                    (E) South spotted range wilderness.--Certain 
                Federal land managed by the Director of the United 
                States Fish and Wildlife Service and the Director of 
                the Bureau of Land Management, comprising approximately 
                51,243 acres, generally depicted on the map as ``South 
                Spotted Range Wilderness'', which shall be known as the 
                ``South Spotted Range Wilderness''.
                    (F) Pintwater/east desert/spotted range 
                wilderness.--Certain Federal land managed by the 
                Secretary of the Air Force and the Director of the 
                United States Fish and Wildlife Service, comprising 
                approximately 463,585 acres, generally depicted on the 
                map as ``Pintwater/East Desert/Spotted Range 
                Wilderness'', which shall be known as the ``Pintwater/
                East Desert/Spotted Range Wilderness''.
                    (G) Desert range wilderness.--Certain Federal land 
                managed by the Secretary of the Air Force and the 
                Director of the United States Fish and Wildlife 
                Service, comprising approximately 53,986 acres, 
                generally depicted on the map as ``Desert Range 
                Wilderness'', which shall be known as the ``Desert 
                Range Wilderness''.
                    (H) Hole-in-the-rock wilderness.--Certain Federal 
                land managed by the Secretary of the Air Force and the 
                Director of the United States Fish and Wildlife 
                Service, comprising approximately 84,854 acres, 
                generally depicted on the map as ``Hole-in-the-Rock 
                Wilderness'', which shall be known as the ``Hole-in-
                the-Rock Wilderness''.
            (2) Maps and legal descriptions.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall file 
                a map and legal description of each wilderness area 
                with--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Environment and 
                        Public Works of the Senate; and
                            (iii) the Committee on Natural Resources of 
                        the House of Representatives.
                    (B) Effect.--Each map and legal description filed 
                under subparagraph (A) 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 maps and legal descriptions.
                    (C) Availability.--Each map and legal description 
                filed under subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                office of the United States Fish and Wildlife Service.
    (c) Administration.--Subject to valid existing rights, the 
Secretary shall administer the wilderness areas 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.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the wilderness areas to create protective 
        perimeters or buffer zones around the wilderness areas.
            (2) Non-wilderness activities.--The fact that non-
        wilderness activities or uses can be seen or heard from areas 
        within a wilderness area shall not preclude the conduct of 
        those activities or uses outside the boundary of the wilderness 
        area.
    (e) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, including military overflights that can be 
        seen or heard within the wilderness areas;
            (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 areas.
    (f) Wildlife Water Development Projects.--The Secretary may 
authorize structures and facilities, including existing structures and 
facilities, for wildlife water development projects (including 
guzzlers) in the wilderness areas if--
            (1) the structures and facilities will enhance wilderness 
        values by promoting healthy, viable, and more naturally 
        distributed wildlife populations;
            (2) the structures and facilities are consistent with the 
        laws (including regulations) applicable to the management of 
        the Refuge; and
            (3) the visual impacts of the structures and facilities on 
        the wilderness areas can reasonably be minimized.
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