Sec. 404. Administration
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/bill/116/s/367/is/section-404A 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 of that Act 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. Any land or interest in land within the boundaries 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 within which the acquired land or interest is located.
Congress finds that— the land designated as a wilderness area— is within the Mojave Desert; is arid in nature; and includes ephemeral streams; the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels; the subsurface hydrogeology of the region within which the land designated as a wilderness area is located is characterized by ground water subject to local and regional flow gradients and artesian aquifers; the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities; there are no actual or proposed water resource facilities and no opportunities for diversion, storage, or other uses of water occurring outside the land designated as a wilderness area that would adversely affect the wilderness or other values of the land; and because of the unique nature and hydrology of the desert land designated as a wilderness area and the existence of the Clark County Multi-Species Habitat Conservation Plan, it is possible to provide for proper management and protection of the wilderness, perennial springs, and other values of the land in ways different than the methods used in other laws.
Nothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the land designated as a wilderness area. Nothing in this title affects any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States. Nothing in this subsection establishes a precedent with regard to any future wilderness designations. Nothing in this title limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.
Nothing in this title limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the land designated as a wilderness area, including specific management actions for the conservation of perennial springs. 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 land designated as a wilderness area.
In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and 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 title, 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 land designated as a wilderness area.
Subject to valid existing rights, any Federal land within the wilderness areas, including any land or interest in land that is acquired by the United States within the Gold Butte National Monument after the date of enactment of this Act, is withdrawn from— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws.
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