Sec. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA
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## SEC. 2905 WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA ###
(a)Definitions In this section: ####
(1)Secretary The term “Secretary” means the Secretary of the Interior. ####
(2)Wilderness area The term “wilderness area” means a wilderness area designated by subsection (b)(1). ###
(b)Additions to National Wilderness Preservation System ####
(1)Additions In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in Churchill County, Nevada, are designated as wilderness and as components of the National Wilderness Preservation System: #####
(A)Clan alpine mountains wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 128,362 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Clan Alpine Mountains Wilderness”. #####
(B)Desatoya mountains wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,537 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Desatoya Mountains Wilderness”. #####
(C)Cain mountain wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,664 acres, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022, which shall be known as the “Cain Mountain Wilderness”. ####
(2)Boundary The boundary of any portion of a wilderness area that is bordered by a road shall be at least 150 feet from the edge 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 each wilderness area. #####
(B)Effect Each 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. #####
(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 Bureau of Land Management. ####
(4)Withdrawal Subject to valid existing rights, each wilderness area is withdrawn from— #####
(A)all forms of entry, appropriation, and disposal under the public land laws; #####
(B)location, entry, and patent under the mining laws; and #####
(C)operation of the mineral leasing and geothermal leasing laws. ###
(c)Management Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— ####
(1)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 ####
(2)any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. ###
(d)Livestock The grazing of livestock in a wilderness area administered by the Bureau of Land Management, if established as of the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, in accordance with— ####
(1)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and ####
(2)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). ###
(e)Incorporation of Acquired Land and Interests Any land or interest in land within the boundaries of a 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 within which the acquired land or interest is located. ###
(f)Water Rights ####
(1)Findings Congress finds that— #####
(A)the wilderness areas— ######
(i)are located in the semiarid region of the Great Basin region; and ######
(ii)include ephemeral and perennial streams; #####
(B)the hydrology of the wilderness areas is predominantly characterized by complex flow patterns and alluvial fans with impermanent channels; #####
(C)the subsurface hydrogeology of the region in which the wilderness areas are located is characterized by— ######
(i)groundwater subject to local and regional flow gradients; and ######
(ii)unconfined and artesian conditions; #####
(D)the wilderness areas are generally not suitable for use or development of new water resource facilities; and #####
(E)because of the unique nature and hydrology of the desert land in the wilderness areas, it is possible to provide for proper management and protection of the wilderness areas and other values of land in ways different from those used in other laws. ####
(2)Statutory construction Nothing in this subsection— #####
(A)constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas; #####
(B)affects any water rights in the State of Nevada (including any water rights held by the United States) in existence on the date of enactment of this Act; #####
(C)establishes a precedent with regard to any future wilderness designations; #####
(D)affects the interpretation of, or any designation made under, any other Act; or #####
(E)limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State of Nevada and other States. ####
(3)Nevada water law The Secretary shall follow the procedural and substantive requirements of Nevada 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 areas. ####
(4)New projects #####
(A)Definition of water resource facility ######
(i)In general In this paragraph, 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 paragraph, the term “water resource facility” does not include wildlife guzzlers. #####
(B)Restriction on new water resource facilities 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 a wilderness area. ###
(g)Wildfire, Insects, and Disease 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 a 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). ###
(h)Data Collection 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 a 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. ###
(i)Military Overflights Nothing in this section restricts or precludes— ####
(1)low-level overflights of military aircraft over a wilderness area, including military overflights that can be seen or heard within a wilderness area; ####
(2)flight testing and evaluation; or ####
(3)the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over a wilderness area. ###
(j)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 chapter affects or diminishes the jurisdiction of the State of Nevada with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas. ####
(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 areas 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)appropriate policies, such as those 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, 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 In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B 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), the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations. ####
(4)Wildlife water development projects Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if— #####
(A)the structures and facilities would, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and #####
(B)the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. ####
(5)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 areas. #####
(B)Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under subparagraph (A). ####
(6)Cooperative agreement #####
(A)In general The State of Nevada, including a designee of the State, may conduct wildlife management activities in the wilderness areas— ######
(i)in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled “Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9” and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State of Nevada; and ######
(ii)subject to all applicable laws (including regulations). #####
(B)References For the purposes of this subsection, any references to Clark County, Nevada, in the cooperative agreement described this paragraph shall be considered to be a reference to Churchill or Lander County, Nevada, as applicable.
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