[Congressional Record Volume 157, Number 166 (Wednesday, November 2, 2011)]
[Senate]
[Pages S7067-S7070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Heller):
  S. 1788. A bill to designate the Pine/Forest Range Wilderness area in 
Humboldt County, Nevada; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I rise today to introduce the Pine Forest 
Recreation Enhancement Act of 2011.
  The entire Nevada congressional delegation has joined together in 
support of this important legislation for northern Nevada. The Pine 
Forest Recreation Enhancement Act would designate 26,000 acres of 
public lands within the Blue Lakes and Alder Creek Wilderness Study 
Areas, WSAs, as the Pine Forest Range Wilderness Area while releasing 
1,1500 acres of existing WSA lands. The bill also directs the

[[Page S7068]]

Bureau of Land Management, BLM, to exchange federal lands nearby 
ranches in Humboldt County for private parcels within the existing 
WSAs. These exchanges will allow the BLM to more effectively manage the 
wilderness area and increase the economic opportunities for the 
adjacent ranches by providing land for agricultural uses.
  This bill is the product of a comprehensive local process that took 
into consideration the concerns of local landowners, sportsmen, 
conservationists, and other interested parties in Humboldt County. This 
diverse group of stakeholders came together to develop this compromise 
proposal through a series of public meetings and field trips. This 
process was so successful that, for the first time that I can remember, 
a wilderness proposal was presented to our delegation with almost 
unanimous support and the Nevada State Legislature passed a joint 
resolution endorsing the work of the County commission and the Pine 
Forest Working Group.
  Beyond the widespread state and local support, there is no question 
that the pristine natural lands and wildlife habitat in the Blue Lakes 
and Alder Creek WSA should receive the strongest level of protection we 
can provide for public lands. Rising from the confluence of the Great 
Basin and Owyhee deserts, the Pine Forest Range boasts high alpine 
lakes surrounded by granite spires that are home to a variety of large 
trout including our Lahontan Cutthroat trout that is native only to 
Nevada. The thick forests of aspen and pine that blanket these 
mountains provide a stronghold for mule deer, pronghorn, and bighorn 
sheep. The area is also well known by sportsmen across the west for its 
world class chukar hunting; a favorite fall pastime for many Nevadans.
  Protecting these untouched natural lands in Nevada is important to me 
and to the people of Humboldt County. I want to thank each member of 
the Humboldt County Commission, Garley Amos, Mike Bell, Tom Fransway, 
Dan Cassinelli, and Jim French as well as Bill Deese for their work to 
bring this legislation to fruition. I would also like to express my 
gratitude to Jim Jeffress from Trout Unlimited, Shaaron Netherton from 
the Friends of Nevada Wilderness, and the other members of the Pine 
Forest Range working group for their tireless efforts that have been 
universally recognized as the gold standard for developing wilderness 
proposals.
  I look forward to working with Chairman Bingaman, Ranking Member 
Murkowski and the other distinguished members of the Senate Energy 
Committee to move this legislation forward in the near future.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1788

       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

[[Page S7069]]

       (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

[[Page S7070]]

     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.
                                 ______