Sec. 3066. WOVOKA WILDERNESS
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## SEC. 3066 WOVOKA WILDERNESS ###
(a)Definitions In this section: ####
(1)County The term “County” means Lyon County, Nevada. ####
(2)Map The term “map” means the map entitled “Wovoka Wilderness Area” and dated December 18, 2012. ####
(3)Secretary The term “Secretary” means the Secretary of Agriculture. ####
(4)State The term “State” means the State of Nevada. ####
(5)Wilderness The term “Wilderness” means the Wovoka Wilderness designated by subsection (b)(1). ###
(b)Wovoka Wilderness ####
(1)Designation **[**[16 U.S.C. 1132 note](/us/usc/t16/s1132)**]** In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the “Wovoka Wilderness”. ####
(2)Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road. ####
(3)Map and legal description #####
(A)In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. #####
(B)Effect 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 any clerical and typographical errors in the map or legal description. #####
(C)Availability Each map and legal description prepared under subparagraph
(A)shall be on file and available for public inspection in the appropriate offices of the Forest Service. ####
(4)Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— #####
(A)all forms of entry, appropriation, or disposal under the public land laws; #####
(B)location, entry, and patent under the mining laws; and #####
(C)disposition under all laws relating to mineral and geothermal leasing or mineral materials. ###
(c)Administration ####
(1)Management Subject to valid existing rights, the Wilderness 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 shall be considered to be a reference to the date of enactment of this Act. ####
(2)Livestock The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary, in accordance with— #####
(A)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and #####
(B)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 (House Report 101-405). ####
(3)Incorporation of acquired land and interests Any land or interest in land within the boundary of the Wilderness 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. ####
(4)Adjacent management #####
(A)In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. #####
(B)Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. ####
(5)Overflights #####
(A)Military overflights Nothing in this section restricts or precludes— ######
(i)low-level overflights of military aircraft over the Wilderness, including military overflights that can been seen or heard within the Wilderness; ######
(ii)flight testing and evaluation; or ######
(iii)the designation or creation of new units of special airspace, or the establishment of military flight training routes, over the Wilderness. #####
(B)Existing airstrips Nothing in this section restricts or precludes low-level overflights by aircraft originating from airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. ####
(6)Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures in the Wilderness that the Secretary determines to be 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. ####
(7)Water rights #####
(A)Findings Congress finds that— ######
(i)the Wilderness is located— ######
(I)in the semiarid region of the Great Basin; and ######
(II)at the headwaters of the streams and rivers on land with respect to which there are few— ######
(aa)actual or proposed water resource facilities located upstream; and ######
(bb)opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; ######
(ii)the Wilderness is generally not suitable for use or development of new water resource facilities; and ######
(iii)because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. #####
(B)Purpose The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. #####
(C)Statutory construction Nothing in this paragraph— ######
(i)constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; ######
(ii)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; ######
(iii)establishes a precedent with regard to any future wilderness designations; ######
(iv)affects the interpretation of, or any designation made under, any other Act; or ######
(v)limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. #####
(D)Nevada water law 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. #####
(E)New projects ######
(i)Definition of water resource facility ######
(I)In general In this subparagraph, the term “water resource facility” means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. ######
(II)Exclusion In this subparagraph, the term “water resource facility” does not include wildlife guzzlers. ######
(ii)Restriction on new water resource facilities ######
(I)In general Except as otherwise provided in this section, on or after the date of enactment of this Act, no 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, any portion of which is located in the County. ######
(II)Exception If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2). ####
(8)Nonwilderness roads Nothing in this section prevents the Secretary from implementing or amending a final travel management plan. ###
(d)Wildlife Management ####
(1)In general 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. ####
(2)Management activities 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 that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out— #####
(A)consistent with relevant wilderness management plans; and #####
(B)in accordance with— ######
(i)the Wilderness Act (16 U.S.C. 1131 et seq.); and ######
(ii)the guidelines set forth 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 (House Report 101-405), including the occasional and temporary use of motorized vehicles and aircraft, 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. ####
(3)Existing activities Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with the guidelines set forth in Appendix B of House Report 101-405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. ####
(4)Hunting, fishing, and trapping #####
(A)In general 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. #####
(B)Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before making any designation under subparagraph (A). ####
(5)Agreement The State, including a designee of the State, may conduct wildlife management activities in the Wilderness— #####
(A)in accordance with the terms and conditions specified in the agreement between the Secretary and the State entitled “Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada” and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and #####
(B)subject to all applicable laws (including regulations). ###
(e)Wildlife Water Development Projects Subject to subsection (c), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness if— ####
(1)the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ####
(2)the visual impacts of the structures and facilities on the Wilderness can reasonably be minimized. ###
(f)Native American Cultural and Religious Uses Nothing in this section alters or diminishes the treaty rights of any Indian tribe.
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