Sec. 3. Designation of land in Carbon County, Wyoming

2,178 words·~10 min read·/bill/118/hr/4332/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except as provided in subparagraph (B), the land within the boundaries of the Encampment River Canyon Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Encampment River Canyon Wilderness (referred to in this paragraph as the Wilderness ). In this subparagraph, the term Water Valley Road means the road in Carbon County, Wyoming, that is 50 feet wide and 17,340 feet long, consisting of approximately 19.904 acres of land in T. 14 N., R. 84 W., including— in sec. 22, land in— the NE 1/4 SW 1/4 ; and the S 1/2 SW 1/4 ; in sec. 27, land in lots 4, 6, and 7 of the NW 1/4 SW 1/4 ; in sec. 28, land in lot 1 of the NE 1/4 SE 1/4 ; in sec. 34, land in— the S 1/2 NE 1/4 ; and the E 1/2 NW 1/4 ; and in sec. 35, land in— the N 1/2 SW 1/4 ; the NW 1/4 SE 1/4 ; and the S 1/2 SE 1/4 .

The following land is not included in the Wilderness: Any land in the NW 1/4 NW 1/4 NW 1/4 sec. 24, T. 14 N., R. 84 W. Any land within 50 feet of the centerline of— County Road 353; or Water Valley Road. Necessary maintenance or repairs to County Road 353 or Water Valley Road (as defined in subparagraph (B)) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. Not later than 180 days after the date of enactment of this Act, the Director shall establish a fire suppression plan for the protection of— any individual or structure adjacent to the Wilderness; and the population centers of— Encampment, Wyoming; and Riverside, Wyoming.

In carrying out clause (i), the Director shall coordinate with— the Wyoming State Forestry Division; and Carbon County, Wyoming. In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except as provided in subparagraph (B), the land within the boundaries of the Prospect Mountain Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Prospect Mountain Wilderness (referred to in this paragraph as the Wilderness ).

Any land within 100 feet of the centerline of Prospect Road is not included in the Wilderness. Necessary maintenance or repairs to Prospect Road shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. Subject to valid existing rights, the wilderness areas designated in paragraphs

(1)and

(2)(referred to in this paragraph as the Wilderness Areas ) shall be administered by the Director in accordance with— this paragraph; and 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. Grazing of livestock in the Wilderness Areas, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); 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 the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). To ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness Areas that pertain to— wildland fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or the outbreak of disease or insect populations. On completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness Areas— to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness Areas. The land within the Bennett Mountains Wilderness Study Area is designated as the Bennett Mountains Special Management Area (referred to in this subsection as the Special Management Area ). The Special Management Area shall be administered by the Director. The construction of new permanent roads in the Special Management Area shall not be allowed. The Director may authorize the construction of new temporary roads to respond to an emergency. Except as needed for administrative purposes, to respond to an emergency, or to develop range improvements, the use of motorized and mechanized vehicles in the Special Management Area shall be allowed only on existing roads and trails designated for the use of motorized or mechanized vehicles by the travel management plan established under subparagraph (C). Not later than 2 years after the date of enactment of this Act, the Director shall establish a travel management plan for the Special Management Area. Grazing of livestock in the Special Management Area shall be administered— as a nondiscretionary use; and in accordance with the laws generally applicable to land under the jurisdiction of the Bureau, including— the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq. ); the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq. ). The Director shall carry out fire management and suppression activities in the Special Management Area in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. To ensure that the policies, practices, and regulations of the Bureau conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Director shall review all policies, practices, and regulations of the Bureau applicable to the Special Management Area that pertain to wildland fires, including the use of modern methods of fire suppression. On completion of the review under clause (i), the Director shall revise or develop policies, practices, and regulations for the Special Management Area— to ensure the timely and efficient control of fires in the Special Management Area; and to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. Commercial timber harvesting shall not be allowed in the Special Management Area. Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing. The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. The land described in paragraph

(2)is designated as the Black Cat Special Management Area (referred to in this subsection as the Special Management Area ). The Special Management Area shall consist of— the Federal land in T. 14 N., R. 81 W., sec. 35, that is managed by the Forest Service; and the portions of T. 14 N., R. 81 W., secs. 26, 35, and 36, that are south and west of the North Platte River. The Special Management Area shall be administered by the Secretary of Agriculture. The construction of new permanent roads in the Special Management Area shall not be allowed. The Secretary of Agriculture may authorize the construction of new temporary roads to respond to an emergency. Except as needed for administrative purposes, to respond to an emergency, or to develop or maintain range improvements, the Secretary of Agriculture shall prohibit the use of motorized and mechanized vehicles in the Special Management Area. Grazing of livestock in the Special Management Areas shall be administered— as a nondiscretionary use; and in accordance with the laws generally applicable to the National Forest System, including— the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq. ); and the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq. ). The Secretary of Agriculture shall carry out fire management and suppression activities in the Special Management Area— in accordance with the laws generally applicable to— the National Forest System; and the land within the boundaries of the Special Management Area; and if a land management plan has been established for the Special Management Area, in accordance with that land management plan; or if a land management plan has not been established for the Special Management Area, in a manner consistent with land that is similarly situated to the land within the boundaries of the Special Management Area, as determined by the Secretary of Agriculture. To ensure that the policies, practices, and regulations of the Department of Agriculture conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall review all policies, practices, and regulations of the Department of Agriculture applicable to the Special Management Area that pertain to forest fires, including the use of modern methods of fire suppression. On completion of the review under clause (i), the Secretary of Agriculture shall revise or develop policies, practices, and regulations for the Special Management Area— to ensure the timely and efficient control of fires in the Special Management Area; and to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. Commercial timber harvesting shall not be allowed in the Special Management Area. Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing. The Secretary of the Interior may, with the approval of the Secretary of Agriculture, lease oil and gas resources within the boundaries of the Special Management Area if— the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of a wilderness study area described in paragraph

(2)that is not designated as wilderness by this section has been adequately studied for wilderness designation. The wilderness study areas referred to in paragraphs

(1)and

(3)are— the Encampment River Canyon Wilderness Study Area; the Prospect Mountain Wilderness Study Area; and the Bennett Mountains Wilderness Study Area. Any portion of a wilderness study area described in paragraph

(2)that is not designated as wilderness by this section is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). The Director shall manage the portion of the Encampment River Canyon Wilderness Study Area released under paragraph

(3)in a manner consistent with a resource management plan that is applicable to any land that— is adjacent to that released portion; and is not included in the Encampment River Canyon Wilderness designated under subsection (a)(1). The portion of the Prospect Mountain Wilderness Study Area released under paragraph

(3)shall be managed in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and any other applicable law. The Director shall manage the portion of the Bennett Mountains Wilderness Study Area released under paragraph

(3)in accordance with subsection (b).

Connectionstraces to 8

Traces to 8 documents

U.S. Code