Sec. 204. Administration of wilderness areas
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Subject to valid existing rights, each area designated as wilderness by section 203 shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and with respect to public land administered by the Bureau of Land Management, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
As soon as practicable after the date of enactment of this Act, the Secretary concerned shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with— the Committee on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives. The maps and legal descriptions filed under paragraph
(1)shall have the same force and effect as if included in this title, except that the Secretary concerned may correct typographical errors in the maps and legal descriptions. Each map and legal description filed under paragraph
(1)shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. Any land within the boundary of a wilderness area designated by section 203 that is acquired by the United States shall— become part of the wilderness area in which the land is located; and be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and any other applicable law. Subject to valid existing rights, the Federal land designated as wilderness by section 203 is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), within the wilderness areas designated by section 203, the Secretary concerned may take such measures as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary concerned determines to be appropriate. In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary concerned shall provide any owner of private land within the boundary of a wilderness area designated by section 203 adequate access to the private land. Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary concerned may carry out management activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish and wildlife habitats to support the populations) in a wilderness area designated by section 203 if the activities are— consistent with applicable wilderness management plans; and carried out in accordance with applicable guidelines and policies. Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness area designated by section 203 if the Secretary concerned determines that the installation or maintenance of the instrumentation is necessary to further the scientific, educational, or conservation purposes of the wilderness area. Within the wilderness areas, the grazing of livestock in which grazing is 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 concerned determines to be necessary, in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1131(d)(4) ); with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in Appendix A of House Report 101–405 of the 101st Congress. In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ), commercial services (including authorized outfitting and guide activities) within the wilderness areas designated by section 203 may be performed to the extent necessary for activities that are proper for realizing the recreational or other wilderness purposes of the wilderness areas. Nothing in this title requires the Secretary concerned to modify permits in effect as of the date of enactment of this Act to provide outfitting and guide services within the areas designated as wilderness by section 203, if the Secretary concerned determines that the activities are in compliance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ). The designation of a wilderness area by section 203 shall not create any protective perimeter or buffer zone around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by section 203 shall not preclude the conduct of the activities or uses outside the boundary of the wilderness area. The Secretary concerned may issue a special use authorization to an owner of a water storage, transport, or diversion facility located within the areas designated as wilderness by section 203 for the continued operation, maintenance, and reconstruction of the facility if— the facility was in existence before the date of the designation of the wilderness area; and the Secretary concerned determines that— the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of the designation of the wilderness area; the owner of the facility holds a valid water right for use of the water under State law, with a priority date that predates the date of the designation of the wilderness area; and it is not practicable or feasible to relocate the facility to land outside the boundary of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. The special use authorization under paragraph
(1)may allow for the use of motorized equipment and mechanized transport if the Secretary concerned determines, after conducting a minimum tool analysis, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible. The Secretary concerned may include such terms and conditions in the special use authorization under paragraph
(1)as the Secretary concerned determines appropriate to protect the wilderness values of the area. With respect to the Snowcrest Wilderness Area— the continuation of reasonable motorized access to maintain water infrastructure for cattle that was constructed to protect fluvial Arctic Grayling and other aquatic species in the Ruby River may continue— subject to a permit; and in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and the guidelines described in House Report 96–617 of the 96th Congress; and the trailing of sheep across the Snowcrest Wilderness area to reach existing grazing allotments in the Gravelly Mountains may be continued for the tenure of the allotments— subject to— a permit; and a determination by the Secretary of Agriculture (acting through the Forest Supervisor) that the use of nonmechanized transport is impracticable or infeasible; and to the maximum extent practicable, in accordance with the guidelines described in House Report 96–617 of the 96th Congress.
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