Sec. 132. Administration of wilderness
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Subject to valid existing rights, a wilderness area or wilderness addition established by section 131(a) (referred to in this section as a wilderness area or addition ) 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 Act; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
The Secretary may carry out any activities in a wilderness area or addition as are necessary for the control of fire, insects, or disease in accordance with— section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition.
In accordance with paragraph
(1)and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary of Agriculture shall— not later than 1 year after the date of enactment of this Act, 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 a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and for land 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); and for land 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 support of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish, wildlife, or plant population or habitat in a wilderness area or addition, if the management activity is conducted in accordance with— an applicable wilderness management plan; the Wilderness Act ( 16 U.S.C. 1131 et seq.); and appropriate policies, such as the policies established in Appendix B 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). Nothing in this subtitle establishes a protective perimeter or buffer zone around a wilderness area or addition. The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use outside the boundary of the wilderness area or addition. Nothing in this subtitle precludes— low-level overflights of military aircraft over a wilderness area or addition; the designation of a new unit of special airspace over a wilderness area or addition; or the use or establishment of a military flight training route over a wilderness area or addition. Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition— 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 additions 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 additions 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 additions 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 1 or more specific portions of a wilderness area or 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 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 addition that is acquired by the United States shall— become part of the wilderness area or addition 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 a wilderness area or addition if the Secretary determines that the devices and access to the devices are essential to a flood warning, flood control, or water reservoir operation activity. The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 131(a)(3) in a manner compatible with the preservation of the area as wilderness. Nothing in this title prohibits recreational rock climbing activities in the wilderness areas or additions, 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.
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- Pub. L. 95-341
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