Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 115th Congress · S. 3803 (Introduced in Senate) — To establish the San Rafael Swell Recreation Area in the State of Utah, to designate wilderness areas in the State, t... · Sec. 202

Sec. 202. Administration

759 words·~3 min read·/bill/115/s/3803/is/section-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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. Nothing in this Act prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act— in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.); and subject to any terms and conditions determined to be necessary by the Secretary.
After providing opportunities for public comment, the Secretary shall establish a trail plan that addresses hiking and equestrian trails on the wilderness areas in a manner consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.). 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).
With respect to each wilderness area in which grazing of livestock is allowed to continue under paragraph (1), not later than 2 years after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall carry out an inventory of facilities and improvements associated with grazing activities in 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 subtitle 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.
Commercial services (including authorized outfitting and guide activities) within the wilderness areas may be authorized to the extent necessary for activities that are appropriate for realizing the recreational or other wilderness purposes of the wilderness areas, in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ). The Secretary may acquire land and interests in land within the boundaries of a wilderness area by donation, purchase from a willing seller, or exchange.
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. Nothing in this subtitle— shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by section 201; shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; shall be construed as establishing a precedent with regard to any future wilderness designations; shall affect the interpretation of, or any designation made pursuant to, any other Act; or shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportions water among and between the State and other States.
The Secretary shall follow the procedural and substantive requirements of the State 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. The Secretary shall offer to enter into a memorandum of understanding with the County, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Muddy Creek Wilderness established by section 201(a)(12).
Connectionstraces to 2
Citation graph
cites case law
Sec. 202
Administration
Cites 2Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.