[Congressional Record Volume 159, Number 24 (Thursday, February 14, 2013)]
[Senate]
[Pages S776-S778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Heller):
  S. 342. 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 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. 342

       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.

[[Page S777]]

       (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.

[[Page S778]]

       (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)).
                                 ______