Pub. L. 111-11, tit. I, subtit. F, sec. 1503
WILDERNESS AREAS.
SEC. 1503. WILDERNESS AREAS.(a) Wilderness Areas Designation.—(1) In general.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:(A) Big jacks creek wilderness.—Certain land comprising approximately 52,826 acres, as generally depicted on the map entitled “Little Jacks Creek and Big Jacks Creek Wilderness” and dated May 5, 2008, which shall be known as the “Big Jacks Creek Wilderness”.(B) Bruneau-jarbidge rivers wilderness.—Certain land comprising approximately 89,996 acres, as generally depicted on the map entitled “Bruneau-Jarbidge Rivers 123 STAT. 1033 Wilderness” and dated December 15, 2008, which shall be known as the “Bruneau-Jarbidge Rivers Wilderness”.(C) Little jacks creek wilderness.—Certain land comprising approximately 50,929 acres, as generally depicted on the map entitled “Little Jacks Creek and Big Jacks Creek Wilderness” and dated May 5, 2008, which shall be known as the “Little Jacks Creek Wilderness”.(D) North fork owyhee wilderness.—Certain land comprising approximately 43,413 acres, as generally depicted on the map entitled “North Fork Owyhee and Pole Creek Wilderness” and dated May 5, 2008, which shall be known as the “North Fork Owyhee Wilderness”.(E) Owyhee river wilderness.—Certain land comprising approximately 267,328 acres, as generally depicted on the map entitled “Owyhee River Wilderness” and dated May 5, 2008, which shall be known as the “Owyhee River Wilderness”.(F) Pole creek wilderness.—Certain land comprising approximately 12,533 acres, as generally depicted on the map entitled “North Fork Owyhee and Pole Creek Wilderness” and dated May 5, 2008, which shall be known as the “Pole Creek Wilderness”.(2) Maps and legal descriptions.—(A) In general.—As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each area designated as wilderness by this subtitle.(B) Effect.—Each map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct minor errors in the map or legal description.(C) Availability.—Each map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the Bureau of Land Management.(3) Release of wilderness study areas.—(A) In general.—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)), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.(B) Release.—Any public land referred to in subparagraph (A) that is not designated as wilderness by this subtitle—(i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and(ii) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).(b) Administration.—(1) In general.—Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered 123 STAT. 1034 by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.(2) Withdrawal.—Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn from all forms of—(A) entry, appropriation, or disposal under the public land laws;(B) location, entry, and patent under the mining laws; and(C) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.(3) Livestock.—(A) In general.—In the wilderness areas designated by this subtitle, the grazing of livestock in areas in which grazing is 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, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101–405.(B) Inventory.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an inventory of existing facilities and improvements associated with grazing activities in the wilderness areas and wild and scenic rivers designated by this subtitle.(C) Fencing.—The Secretary may construct and maintain fencing around wilderness areas designated by this subtitle as the Secretary determines to be appropriate to enhance wilderness values.(D) Donation of grazing permits or leases.—(i) Acceptance by secretary.—The Secretary shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the wilderness areas designated by this subtitle.(ii) Termination.—With respect to each permit or lease donated under clause (i), the Secretary shall—(I) terminate the grazing permit or lease; and(II) except as provided in clause (iii), ensure a permanent end to grazing on the land covered by the permit or lease.(iii) Common allotments.—(I) In general.—If the land covered by a permit or lease donated under clause (i) is also covered by another valid existing permit or lease that is not donated under clause (i), the Secretary shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under clause (i).(II) Authorized level.—To ensure that there is a permanent reduction in the level of grazing 123 STAT. 1035 on the land covered by a permit or lease donated under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under subclause (I).(iv) Partial donation.—(I) In general.—If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall—(aa) reduce the authorized grazing level to reflect the donation; and(bb) modify the permit or lease to reflect the revised level of use.(II) Authorized level.—To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary shall not allow grazing use to exceed the authorized level established under that subclause.(4) Acquisition of land and interests in land.—(A) In general.—Consistent with applicable law, the Secretary may acquire land or interests in land within the boundaries of the wilderness areas designated by this subtitle by purchase, donation, or exchange.(B) Incorporation of acquired land.—Any land or interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by the United States shall be added to, and administered as part of, the wilderness area in which the acquired land or interest in land is located.(5) Trail plan.—(A) In general.—The Secretary, after providing opportunities for public comment, shall establish a trail plan that addresses hiking and equestrian trails on the land designated as wilderness by this subtitle, in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).(B) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan.(6) Outfitting and guide activities.—Consistent with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) are authorized in wilderness areas designated by this subtitle to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the areas.(7) Access to private property.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of a wilderness area designated by this subtitle adequate access to the property.(8) Fish and wildlife.—(A) In general.—Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.(B) Management activities.—123 STAT. 1036(i) In general.—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 that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, if the management activities are—(I) consistent with relevant wilderness management plans; and(II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405.(ii) Inclusions.—Management activities under clause (i) may include 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 while causing the minimum impact necessary to accomplish those tasks.(C) Existing activities.—Consistent 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 established in Appendix B of House Report 101–405, the State may use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral horses, and feral burros.(9) Wildfire, insect, and disease management.—Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.(10) Adjacent management.—(A) In general.—The designation of a wilderness area by this subtitle shall not create any protective perimeter or buffer zone around the wilderness area.(B) Nonwilderness activities.—The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by this subtitle shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.(11) Military overflights.—Nothing in this subtitle restricts or precludes—(A) low-level overflights of military aircraft over the areas designated as wilderness by this subtitle, including military overflights that can be seen or heard within the wilderness areas;(B) flight testing and evaluation; or(C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.(12) Water rights.—(A) In general.—The designation of areas as wilderness by subsection (a) shall not create an express or implied 123 STAT. 1037 reservation by the United States of any water or water rights for wilderness purposes with respect to such areas.(B) Exclusions.—This paragraph does not apply to any components of the National Wild and Scenic Rivers System designated by section 1504.