Sec. 302. Administration
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Subject to valid existing rights, the wilderness areas shall be administered by the Secretary 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 any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. The grazing of livestock in the wilderness areas, 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— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and 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).
Any land or interest in land within the boundary of a 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. Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
Nothing in this Act restricts or precludes— low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas; flight testing and evaluation; or the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas. 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 areas 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).
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 data collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. Congress finds that— the wilderness areas are located— in the semiarid region of the Great Basin; and at the headwaters of the streams and rivers on land with respect to which there are few, if any— actual or proposed water resource facilities located upstream; and opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; the wilderness areas are generally not suitable for use or development of new water resource facilities; and because of the unique nature of the wilderness areas, 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.
The purpose of this section is to protect the wilderness values of the wilderness areas by means other than a federally reserved water right. Nothing in this Act— constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas; 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; establishes a precedent with regard to any future wilderness designations; affects the interpretation of, or any designation made under, any other Act; or limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
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 areas. 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.
In this paragraph, the term water resource facility does not include wildlife guzzlers. Except as otherwise provided in this Act, on and after the date of the 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 areas. Nothing in this Act prevents the placement of a temporary telecommunications device for law enforcement or agency administrative purposes in the Selenite Peak Wilderness in accordance with paragraph (2).
Any temporary telecommunications device authorized by the Secretary under paragraph
(1)shall— be carried out in accordance with— the Wilderness Act ( 16 U.S.C. 1131 et seq.); and all other applicable laws (including regulations); to the maximum practicable, be located in such a manner as to minimize impacts on the recreational and other wilderness values of the area; and be for a period of not longer than 7 years.
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