[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3510-S3511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6384. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 4784, to authorize appropriations for
fiscal year 2027 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) Wilderness area.--The term ``wilderness area'' means
the wilderness area designated by subsection (b)(1).
(b) Addition to the National Wilderness Preservation
System.--
(1) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), there is designated as wilderness and
as a component of the National Wilderness Preservation System
the approximately 736,188 acres of Federal land managed by
the Director of the United States Fish and Wildlife Service
in Clark and Lincoln Counties, Nevada, to be known as the
``Southern Paiute Wilderness''.
(2) Boundary.--The boundary of any portion of the
wilderness area that is bordered by a road shall be not less
than 50 feet from the centerline of the road.
(3) Map and legal description.--
(A) 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 area.
(B) Effect.--The map and legal description prepared under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the map or legal
description.
(C) Availability.--The map and legal description prepared
under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the United
States Fish and Wildlife Service.
(4) Withdrawal.--Subject to valid existing rights, the
wilderness area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(c) Management.--Subject to valid existing rights, the
wilderness area 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.
(d) Incorporation of Acquired Land and Interests in Land.--
Any land or interest in land within the boundary of the
wilderness area 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.
(e) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as the wilderness area--
(i) is within the Mojave Desert;
(ii) is arid in nature; and
(iii) includes ephemeral streams;
(B) the hydrology of the land designated as the wilderness
area is predominantly characterized by complex flow patterns
and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region in which the
land designated as the wilderness area is located is
characterized by--
(i) groundwater subject to local and regional flow
gradients; and
(ii) unconfined and artesian conditions;
(D) the land designated as the wilderness area is generally
not suitable for use or development of new water resource
facilities; and
(E) because of the unique nature and hydrology of the
desert land in the wilderness area, it is possible to provide
for proper management and protection of the wilderness area
and other values of land in ways different from ways used in
other laws.
(2) Effect.--Nothing in this section--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the wilderness area;
(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.
(3) State 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.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term ``water
resource facility'' means an irrigation or pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, transmission or other
ancillary facility, and other water diversion, storage, or
carriage structure.
(ii) Exclusion.--In this paragraph, the term ``water
resource facility'' does not include a wildlife guzzler.
(B) Restriction on new water resource facilities.--Except
as otherwise provided in this section, on and 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 the
wilderness area.
(f) Wildfire, Insects, and Disease.--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 area
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) Data Collection.--Subject to such terms and conditions
as the Secretary may prescribe, nothing in this section
precludes the installation and maintenance of hydrologic,
meteorological, or climatological collection devices in the
wilderness area, if the Secretary determines that the devices
and access to the devices are essential to flood warning,
flood control, or water reservoir operation activities.
(h) Military Overflights.--Nothing in this section
restricts or precludes--
(1) low-level overflights of military aircraft over the
wilderness area, including military overflights that can be
seen or heard within the wilderness area;
(2) flight testing or 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.
(i) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section 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.
(2) 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 area that are necessary to maintain or restore
fish and wildlife populations and the habitats to support
[[Page S3511]]
the populations, if the activities are carried out--
(A) consistent with relevant wilderness management plans or
comprehensive conservation plans; and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, including policies authorizing
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.
(3) Existing activities.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
State may continue to use aircraft (including helicopters) to
survey, capture, transplant, monitor, and provide water for
wildlife populations.
(4) Wildlife water development projects.--Subject to
subsection (e), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness area if--
(A) the structures and facilities would, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities on
the wilderness area can reasonably be minimized.
(5) Hunting, fishing, and trapping.--
(A) 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 area.
(B) Consultation.--Except in an emergency, the Secretary
shall consult with the appropriate State agency and notify
the public before taking any action under subparagraph (A).
(j) Preservation of Public Access.--The area depicted as
``Corn Creek / Alamo Road'' on the map entitled ``Desert
National Wildlife Range Proposed Southern Paiute Wilderness
Area'' and dated September 7, 2023, shall be preserved for
public access.
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