Sec. 5532. Administration of wilderness
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Subject to valid existing rights, the wilderness areas and wilderness additions established by section 5531 shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this subtitle; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
The Secretary may take such measures in a wilderness area or wilderness addition designated by section 5531 as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and House Report 98–40 of the 98th Congress. Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas or wilderness additions designated by this subtitle. Consistent with paragraph
(1)and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness additions designated by this subtitle, the Secretary of Agriculture shall— not later than 1 year after the date of enactment of this subtitle, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and enter into agreements with appropriate State or local firefighting agencies. The grazing of livestock in the wilderness areas and wilderness additions designated by this subtitle, if established before the date of enactment of this subtitle, shall be administered in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and for lands under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); or for lands under the jurisdiction of the Secretary of the Interior, 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 (H. Rept. 101–405). In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this subtitle affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State. 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 that are necessary to maintain or restore fish, wildlife, and plant populations and habitats in the wilderness areas or wilderness additions designated by section 5531, if the management activities are— consistent with relevant wilderness management plans; and conducted in accordance with— the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and appropriate policies, such as the policies established in Appendix B of House Report 101–405. Congress does not intend for designation of wilderness or wilderness additions by this subtitle to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition. The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. Nothing in this subtitle precludes— low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 5531; the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 5531; or the use or establishment of military flight training routes over the wilderness areas or wilderness additions designated by section 5531. Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as a wilderness area or wilderness addition by section 5531— in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and subject to any terms and conditions determined to be necessary by the Secretary. Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 5531 are withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral materials and geothermal leasing laws. In recognition of the past use of wilderness areas and wilderness additions designated by this subtitle by members of Indian Tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian Tribes have access to the wilderness areas and wilderness additions designated by section 5531 for traditional cultural and religious purposes. In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public one or more specific portions of a wilderness area or wilderness addition to protect the privacy of the members of the Indian Tribe in the conduct of the traditional cultural and religious activities in the wilderness area or wilderness addition. Any closure under subparagraph
(A)shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. Access to the wilderness areas and wilderness additions under this subsection shall be in accordance with— Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) ( 42 U.S.C. 1996 et seq. ); and the Wilderness Act ( 16 U.S.C. 1131 et seq. ). Any land within the boundary of a wilderness area or wilderness addition designated by section 5531 that is acquired by the United States shall— become part of the wilderness area in which the land is located; be withdrawn in accordance with subsection (h); and be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and any other applicable law. 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 collection devices in the wilderness areas and wilderness additions designated by section 5531 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 5531 in a manner compatible with the preservation of the area as wilderness. Nothing in this subtitle 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 subtitle— 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.
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- Pub. L. 95-341
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