Pub. L. 111-11, tit. I, subtit. O, sec. 1972

WILDERNESS AREAS.

EnactedYear: 2009Length: 1,817 wordsOfficial source
SEC. 1972. WILDERNESS AREAS.(a) Additions to National Wilderness Preservation System.—(1) Additions.—Subject to valid existing rights, the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:(A) Beartrap canyon.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 40 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Beartrap Canyon Wilderness”.(B) Blackridge.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,015 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Blackridge Wilderness”.(C) Canaan mountain.—Certain Federal land in the County managed by the Bureau of Land Management, comprising approximately 44,531 acres, as generally depicted on the Canaan Mountain Wilderness Map, which shall be known as the “Canaan Mountain Wilderness”.(D) Cottonwood canyon.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,712 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the “Cottonwood Canyon Wilderness”.(E) Cottonwood forest.—Certain Federal land managed by the Forest Service, comprising approximately 2,643 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the “Cottonwood Forest Wilderness”.(F) Cougar canyon.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,409 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the “Cougar Canyon Wilderness”.(G) Deep creek.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,284 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Deep Creek Wilderness”.(H) Deep creek north.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 4,262 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Deep Creek North Wilderness”.(I) Doc’s pass.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,294 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the “Doc’s Pass Wilderness”.123 STAT. 1077(J) Goose creek.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 98 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Goose Creek Wilderness”.(K) Laverkin creek.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 445 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “LaVerkin Creek Wilderness”.(L) Red butte.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Red Butte Wilderness”.(M) Red mountain.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,729 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the “Red Mountain Wilderness”.(N) Slaughter creek.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,901 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the “Slaughter Creek Wilderness”.(O) Taylor creek.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 32 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the “Taylor 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 of each wilderness area designated by paragraph (1).(B) Force and 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 any clerical or typographical 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—(i) the Bureau of Land Management; and(ii) the Forest Service.(b) Administration of Wilderness Areas.—(1) Management.—Subject to valid existing rights, each area designated as wilderness by subsection (a)(1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—(A) 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; and123 STAT. 1078(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land.(2) Livestock.—The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established before the date of enactment of this Act, shall be permitted to continue—(A) subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and(B) in accordance with—(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and(ii) 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.Rep. 101–405) and H.R. 5487 of the 96th Congress (H. Rept. 96–617).(3) 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 such measures in each area designated as wilderness by subsection (a)(1) as 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 those activities with a State or local agency).(4) Buffer zones.—(A) In general.—Nothing in this section creates a protective perimeter or buffer zone around any area designated as wilderness by subsection (a)(1).(B) Activities outside wilderness.—The fact that an activity or use on land outside any area designated as wilderness by subsection (a)(1) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.(5) Military overflights.—Nothing in this section restricts or precludes—(A) low-level overflights of military aircraft over any area designated as wilderness by subsection (a)(1), including military overflights that can be seen or heard within any wilderness area;(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 any wilderness area.(6) Acquisition and incorporation of land and interests in land.—(A) Acquisition authority.—In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within the boundaries of the wilderness areas designated by subsection (a)(1) by purchase from willing sellers, donation, or exchange.(B) Incorporation.—Any land or interest in land acquired by the Secretary under subparagraph (A) shall be incorporated into, and administered as a part of, the wilderness area in which the land or interest in land is located.123 STAT. 1079(7) Native american cultural and religious uses.—Nothing in this section diminishes—(A) the rights of any Indian tribe; or(B) any tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.(8) Climatological data collection.—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 the wilderness areas designated by subsection (a)(1) if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.(9) Water rights.—(A) Statutory construction.—Nothing in this section—(i) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by subsection (a)(1);(ii) shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States;(iii) shall be construed as establishing a precedent with regard to any future wilderness designations;(iv) shall affect the interpretation of, or any designation made pursuant to, any other Act; or(v) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.(B) State water law.—The Secretary shall follow the procedural and substantive requirements of the law of the State 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 designated by subsection (a)(1).(10) Fish and wildlife.—(A) Jurisdiction of state.—Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.(B) Authority of secretary.—In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish and wildlife habitats to support the populations) in any wilderness area designated by subsection (a)(1) if the activities are—(i) consistent with applicable wilderness management plans; and(ii) carried out in accordance with—(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and123 STAT. 1080(II) applicable guidelines and policies, including applicable policies described in Appendix B of House Report 101–405.(11) Wildlife water development projects.—Subject to paragraph (12), the Secretary may authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if—(A) the structures and facilities will, 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.(12) Cooperative agreement.—Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the State that specifies the terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1) may be carried out.(c) Release of Wilderness Study Areas.—(1) Finding.—Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.(2) Release.—Any public land described in paragraph (1) that is not designated as wilderness by subsection (a)(1)—(A) 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(B) shall be managed in accordance with applicable law and the land management plans adopted under section 202 of that Act (43 U.S.C. 1712).(d) Transfer of Administrative Jurisdiction to National Park Service.—Administrative jurisdiction over the land identified as the Watchman Wilderness on the Northeastern Washington County Wilderness Map is hereby transferred to the National Park Service, to be included in, and administered as part of Zion National Park.
Pub. L. 111-11, tit. I, subtit. O, sec. 1972: WILDERNESS AREAS. | Justis AI