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Code · BILL · 117th Congress · H.R. 803 (Engrossed in House) — To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, and... · Sec. 404

Sec. 404. Designation of the Machesna Mountain Potential Wilderness

601 words·~3 min read·/bill/117/hr/803/eh/section-404

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In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 2,359 acres, as generally depicted on the map entitled Machesna Mountain Potential Wilderness and dated March 29, 2019, is designated as the Machesna Mountain Potential Wilderness Area. As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the potential wilderness area ) with— the Committee on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives.
The map and legal description filed under paragraph
(1)shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal description. The 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. Except as provided in subsection
(d)and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). In accordance with paragraph (2), the Secretary may reconstruct, realign, or reroute the Pine Mountain Trail. In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall— comply with all existing laws (including regulations); and to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources. In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this subsection. The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h). Subject to valid existing rights, the Federal land in the potential wilderness area 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 carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d). The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d). The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of— the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection
(d)has been completed; or the date that is 20 years after the date of enactment of this Act. On designation as wilderness under this section, the potential wilderness area shall be— incorporated into the Machesna Mountain Wilderness Area, as designated by the California Wilderness Act of 1984 ( Public Law 98–425 ; 16 U.S.C. 1132 note) and expanded by section 403; and administered in accordance with section 405 and the Wilderness Act ( 16 U.S.C. 1131 et seq.).
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  • Pub. L. 98-425
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Sec. 404
Designation of the Machesna Mountain Potential Wilderness
Pub. L.Pub. L. 98-425
Cites 3Cited by 0 across 0 sources
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