[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
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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
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(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
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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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