Sec. 405. Administration of wilderness
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/bill/117/hr/803/eh/section-405A 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 this title and the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that— any reference in the Wilderness Act ( 16 U.S.C. 1131 et seq.) 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 the Wilderness Act ( 16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness area.
The Secretary may take any measures in a wilderness area 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 title limits funding for fire and fuels management in the wilderness areas. As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plans that apply to the land designated as a wilderness area.
Consistent with paragraph
(1)and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas, the Secretary shall enter into agreements with appropriate State or local firefighting agencies. The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be permitted to continue, subject to any reasonable regulations as the Secretary considers necessary in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); the guidelines set forth in Appendix A of House Report 101–405, accompanying H.R. 2570 of the 101st Congress for land under the jurisdiction of the Secretary of the Interior; the guidelines set forth in House Report 96–617, accompanying H.R. 5487 of the 96th Congress for land under the jurisdiction of the Secretary of Agriculture; and all other laws governing livestock grazing on Federal public land. In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title 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 and wildlife populations and habitats in the wilderness areas, if the management activities are— consistent with relevant wilderness management plans; conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405; and in accordance with memoranda of understanding between the Federal agencies and the State Department of Fish and Wildlife. Congress does not intend for the designation of wilderness areas by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area. 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 title precludes— low-level overflights of military aircraft over the wilderness areas; the designation of new units of special airspace over the wilderness areas; or the use or establishment of military flight training routes over wilderness areas. Nothing in this title precludes horseback riding in, or the entry of recreational saddle or pack stock into, a wilderness area— 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 are withdrawn from— all forms of entry, appropriation, and 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. Any land within the boundary of a wilderness area that is acquired by the United States shall— become part of the wilderness area in which the land is located; and be managed in accordance with— this section; the Wilderness Act ( 16 U.S.C. 1131 et seq.); and any other applicable law. The Secretary of Agriculture may issue a special use authorization to the owners of the 2 existing water transport or diversion facilities, including administrative access roads (in this subsection referred to as a facility ), located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W., secs. 23 and 26) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (in this subsection referred to as the date of designation ); the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of designation; the owner of the facility holds a valid water right for use of the water on the non-Federal land of the owner under State law, with a priority date that predates the date of designation; and it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. In a special use authorization issued under paragraph (1), the Secretary may— allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— the use is the minimum necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under State law; and the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and preclude use of the facility for the diversion or transport of water in excess of the water right recognized by the State on the date of designation. In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished. The Secretary of Agriculture may issue a special use authorization to the owners of the existing electrical distribution line to the Plowshare Peak communication site (in this subsection referred to as a facility ) located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 2, 3 and 4) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (in this subsection referred to as the date of designation ); the facility has been in substantially continuous use to deliver electricity to the communication site; and it is not practicable or feasible to relocate the distribution line to land outside of the wilderness. In a special use authorization issued under paragraph (1), the Secretary may allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of the electrical distribution line, if the Secretary determines that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible. In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ). In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and subject to 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 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.