Sec. 5. Designation of Southern Paiute Wilderness, Nevada
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In this section: The term Secretary means the Secretary of the Interior. The term State means the State of Nevada. The term wilderness area means the wilderness area designated by subsection (b)(1). In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), there is designated as wilderness and as a component of the National Wilderness Preservation System the approximately 736,188 acres of Federal land managed by the Director of the United States Fish and Wildlife Service in Clark and Lincoln Counties, Nevada, to be known as the Southern Paiute Wilderness .
The boundary of any portion of the wilderness area that is bordered by a road shall be not less than 50 feet from the centerline of the road. As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area. The map and legal description prepared under subparagraph
(A)shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map or legal description. The map and legal description prepared under subparagraph
(A)shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service. Subject to valid existing rights, the wilderness area is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the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 leasing and geothermal leasing laws. Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with 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; and any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. Any land or interest in land within the boundary of the wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area. Congress finds that— the land designated as the wilderness area— is within the Mojave Desert; is arid in nature; and includes ephemeral streams; the hydrology of the land designated as the wilderness area is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels; the subsurface hydrogeology of the region in which the land designated as the wilderness area is located is characterized by— groundwater subject to local and regional flow gradients; and unconfined and artesian conditions; the land designated as the wilderness area is generally not suitable for use or development of new water resource facilities; and because of the unique nature and hydrology of the desert land in the wilderness area, it is possible to provide for proper management and protection of the wilderness area and other values of land in ways different from ways used in other laws. Nothing in this section— constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness area; affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; establishes a precedent with regard to any future wilderness designations; affects the interpretation of, or any designation made under, any other Act; or limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness area. In this paragraph, the term water resource facility means an irrigation or pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission or other ancillary facility, and other water diversion, storage, or carriage structure. In this paragraph, the term water resource facility does not include a wildlife guzzler. Except as otherwise provided in this section, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness area. In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take such measures in the wilderness area as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). Subject to such terms and conditions as the Secretary may prescribe, nothing in this section precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the wilderness area, if the Secretary determines that the devices and access to the devices are essential to flood warning, flood control, or water reservoir operation activities. Nothing in this section restricts or precludes— low-level overflights of military aircraft over the wilderness area, including military overflights that can be seen or heard within the wilderness area; flight testing or evaluation; or the designation or creation of new units of special use airspace or the establishment of military flight training routes, over the wilderness area. In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness area. 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 in the wilderness area that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out— consistent with relevant wilderness management plans or comprehensive conservation plans; and in accordance with— the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and appropriate policies, including policies authorizing the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations. Subject to subsection (e), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness area if— the structures and facilities would, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and the visual impacts of the structures and facilities on the wilderness area can reasonably be minimized. The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness area. Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under subparagraph (A). The area depicted as Corn Creek / Alamo Road on the map entitled Desert National Wildlife Range Proposed Southern Paiute Wilderness Area and dated September 7, 2023, shall be preserved for public access. Nothing in this Act rescinds or precludes the continued management of any other area of the Desert National Wildlife Refuge as proposed wilderness until the date on which the area is designated as a component of the National Wilderness Preservation System by a subsequent Act of Congress.
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