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Code · BILL · 119th Congress · S. 3526 (Introduced in Senate) — To provide for the protection of and investment in certain Federal land in the State of California, and for other pur... · Sec. 302

Sec. 302. Administration of wilderness

949 words·~4 min read·/bill/119/s/3526/is/section-302·

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Subject to valid existing rights, a wilderness area or addition established by section 301(a) (referred to in this section as a wilderness area ) 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 for land under the jurisdiction of the Secretary of the Interior, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
The Secretary may carry out any activities in a wilderness area 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) ). 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 plan that applies to the land designated as a wilderness area. Nothing in this subtitle limits funding for fire or fuels management in a wilderness area.
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, the Secretary of Agriculture and the Secretary of the Interior 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, and other applicable agency field office 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, 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) ); 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); 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 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, 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 title establishes a protective perimeter or buffer zone around a wilderness area. The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. Nothing in this title precludes— low-level overflights of military aircraft over a wilderness area; the designation of a new unit of special airspace over a wilderness area; or the use or establishment of a military flight training route over a wilderness area. Nothing in this title precludes horseback riding in, or the entry of recreational or commercial 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 and additions to wilderness area made by this title 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. 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; 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 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. Nothing in this Act prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of enactment of this Act— in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and other applicable laws; and subject to any terms and conditions determined to be necessary by the Secretary.
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Sec. 302
Administration of wilderness
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