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 123STA T . 1 0 2 7PUBLIC LA W 111 – 11 —M A R .30, 200 9ofLandM ana gem en ti dentified a s‘ ‘ Fr om B LM to D eerfie l d ’ ’, as generall y de p i c tedont h e Deerfield land e x change map .(6)GRAZING A L L OTME NT. —T he term ‘‘gra z ing allotment’’ means any of the Box R ,B u c k Lake, Buck Mountain, Buck P oint, C onde Creek, Co v e Creek, Cove Creek Ranch, Dead w ood, Dixie, Grizzly, H oward Prairie, J enny Creek, K eene Creek, N orth Cove Creek, and S oda Mountain grazing allotments in the State. ( 7 ) GRAZING LEA S E.—The term ‘‘grazing lease’’ means any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes. ( 8 ) LAN D O W NER.—The term ‘‘Landowner’’ means the owner of the Box R Ranch in the State. ( 9 ) LESSEE.—The term ‘‘lessee’’ means a livestock operator that holds a valid existing grazing lease for a grazing allotment. ( 10 )LI V ESTO CK .—The term ‘‘livestock’’ does not include b easts of burden used for recreational purposes. (11) MON U MENT.—The term ‘‘Monument’’ means the Cas - cade-Siskiyou National Monument in the State. (1 2 ) ROWLETT P ARCEL.—The term ‘‘Rowlett parcel’’ means the parcel of approximately 4 0 acres of private land identified as ‘‘Rowlett O ffered’’, as generally depicted on the Box R Ranch land exchange map. (1 3 ) SECRETAR Y .—The term ‘‘Secretary’’ means the Sec- retary of the I nterior. (14) STATE.—The term ‘‘State’’ means the State of Oregon. (1 5 ) W ILDERNESS.—The term ‘‘Wilderness’’ means the Soda Mountain Wilderness designated by section 1405(a). (16) WILDERNESS MAP.—The term ‘‘wilderness map’’ means the map entitled ‘‘Soda Mountain Wilderness’’ and dated May 5, 2008. SEC.1402 . VOLUNTARYG RA ZI NG LEASE D ONATION P ROGRA M . (a) EX ISTING GRAZING LEASES.— (1) DONATION O F LEASE.— ( A ) ACCEPTANCE B Y SECRETARY.—The Secretary shall accept any grazing lease that is donated by a lessee. (B) TERMINATION.—The Secretary shall terminate any grazing lease ac q uired under subparagraph (A). (C) NO NEW GRAZING LEASE.—Except as provided in paragraph (3), with respect to each grazing lease donated under subparagraph (A), the Secretary shall— (i) not issue any new grazing lease within the grazing allotment covered by the grazing lease and (ii) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease. (2) DONATION OF PORTION OF GRAZING LEASE.— (A) IN GENERAL.—A lessee with a grazing lease for a grazing allotment partially within the Monument may elect to donate only that portion of the grazing lease that is within the Monument. (B) ACCEPTANCE BY SECRETARY.—The Secretary shall accept the portion of a grazing lease that is donated under subparagraph (A). (C) MODIFICATION OF LEASE.—Except as provided in paragraph (3), if a lessee donates a portion of a grazing lease under subparagraph (A), the Secretary shall—


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 123STA T . 1 0 2 8PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)reduc e th e a uth o ri z ed g razi n g l e v el and area to re f lect the donation and (ii) m odif y the grazing lea s e to reflect the reduced level and area of use . ( D ) AUTHORIZEDL E V EL. —T o ensure that there is a p ermanent reduction in the level and area of livestoc k grazing on the land covered b y a portion of a grazing lease donated under subparagraph (A) , the S ecretary shall not allo w grazing to e x ceed the authorized level and area established under subparagraph ( C ). ( 3 )CO M MO NA LLOTMENT S .— (A) I N G ENERAL.—If a grazing allotment covered by a grazing lease or portion of a grazing lease that is donated under paragraph ( 1 )or( 2 ) also is covered by another grazing lease that is not donated, the Secretary shall reduce the grazing level on the grazing allotment to reflect the donation. ( B ) AUTHORIZED LEVEL.—To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing lease or portion of a grazing lease donated under paragraph (1) or (2), the Secretary shall not allow grazing to exceed the level established under subparagraph (A). (b) L IMITATIONS.—The Secretary— (1) with respect to the Agate, E migrant Creek, and Siskiyou allotments in and near the M onument— (A) shall not issue any grazing lease; and (B) shall ensure a permanent end to livestock grazing on each allotment; and (2) shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act). (c) E F FE C T OF DONATION.—A lessee who donates a grazing lease or a portion of a grazing lease under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC.1403 . BOXR R AN C HL AN D EXCHAN G E. (a) IN G ENERAL.— F or the purpose of protecting and consoli - dating Federal land within the Monument, the Secretary— (1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the R owlett parcel; and (2) if the Landowner accepts the offer— (A) the Secretary shall convey to the Landowner all right, title, and interest of the U nited States in and to the Bureau of Land Management land; and (B) the Landowner shall convey to the Secretary all right, title, and interest of the Landowner in and to the Rowlett parcel. (b) SURVE Y S.— (1) IN GENERAL.—The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Sec- retary.

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 123STA T . 1 0 2 9PUBLIC LA W 111 – 11 —M A R .30, 2009 (2)COST S .—Ther e spon s ib i l i tyf or the c osts of a nys u r v eys con d ucted under para g raph ( 1 ) , and any other ad m inistrative costs of carrying out the land e x change, shall be determined by the S ecretary and the L ando w ner. (c) CO NDI TIONS.—The conveyance of the B ureau of Land M anagement land and the R owlett parcel under this section shall be sub j ect to— (1) valid existing rights (2) title to the Rowlett parcel being acceptable to the Sec - retary and in conformance with the title approval standards applicable to F ederal land ac q uisitions; ( 3 ) such terms and conditions as the Secretary may require; and ( 4 ) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management. (d) AP P RA ISA L S.— (1) I N GE NERAL.—The Bureau of Land Management land and the Rowlett parcel shall be appraised by an independent appraiser selected by the Secretary. (2) RE QU IRE M ENTS.—An appraisal conducted under para- graph (1) shall be conducted in accordance with— (A) the U niform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of P rofessional Appraisal Practice. (3) APPRO V AL.—The appraisals conducted under this sub- section shall be submitted to the Secretary for approval. (e) G RA Z ING ALLOTMENT.—As a condition of the land exchange authori z ed under this section, the lessee of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 14 0 2(a)(1). SEC.140 4. D EE RFI E L DL AN DE X C H AN G E. (a) IN GENERAL.—For the purpose of protecting and consoli- dating Federal land within the Monument, the Secretary— (1) may offer to convey to D eerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; and (2) if Deerfield Learning Associates accepts the offer— (A) the Secretary shall convey to Deerfield Learning Associates all right, title, and interest of the United States in and to the Federal parcel; and (B) Deerfield Learning Associates shall convey to the Secretary all right, title, and interest of Deerfield Learning Associates in and to the Deerfield parcel. (b) SURVE Y S.— (1) IN GENERAL.—The exact acreage and legal description of the Federal parcel and the Deerfield parcel shall be deter- mined by surveys approved by the Secretary. (2) COSTS.—The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Deerfield Learning Associates. (c) CONDITIONS.— (1) IN GENERAL.—The conveyance of the Federal parcel and the Deerfield parcel under this section shall be subject to—


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 123STA T . 1 0 30 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)validex i st i ngr ig h ts ( B ) title t o the D eer f ield p ar c el b eing acceptable to the S ecretar y and in confor m ance w ith the title approval standards applicable to F ederal land ac qu isitions; ( C ) such terms and conditions as the Secretary may require; and (D) except as otherwise provided in this section , any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of L and M anage - ment . (d) A P P RAIS A L S. — ( 1 ) INGE NERAL.— T he Federal parcel and the Deerfield parcel shall be appraised by an independent appraiser selected by the Secretary. ( 2 ) R E QU IRE M EN T S.—An appraisal conducted under para- graph (1) shall be conducted in accordance with— (A) the U niform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of P rofessional Appraisal Practice. ( 3 ) APPR OV AL.—The appraisals conducted under this sub- section shall be submitted to the Secretary for approval. SEC.1405 .S ODAM O UNT A I N W I L DE R NESS. (a) DESIGNATION.—In accordance with the W ilderness Act (1 6 U.S.C. 1131 et seq.), approximately 2 4 ,1 0 0 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the N ational Wilderness Preservation System, to be k nown as the ‘ ‘Soda Mountain Wilder- ness ’ ’. (b) MAP AN D LEGAL DES C RIPTION.— (1) SU B MISSION O F MAP AND LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilder- ness with— (A) the Committee on E nergy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the H ouse of Representatives. (2) FORCE AND EFFECT.— (A) IN GENERAL.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description. (B) NOTIFICATION.—The Secretary shall submit to Con- gress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change. (3) PUBLIC AVAILABILIT Y .—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) ADMINISTRATION OF WILDERNESS.— 16USC 11 32note.


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 123STA T . 1 0 31 PUBLIC LA W 111 – 11 —M A R .30, 200 9(1)INGE NE RAL.—Subject t ovalid e x i s ti ngr ig h ts , the W ilderness shall be ad m inistered b y the Secretary in accord - ance w ith the Wilderness A ct (1 6U .S. C . 11 3 1etse q .), exce p t that— (A) any re f erence in the Wilderness Act to the effective date of the Wilderness Act 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 Agri- culture shall be considered to be a reference to the Sec- retary of the Interior. ( 2 ) FI RE, IN S E CT ,AN D DISEASE M ANAGEMENT ACTI V ITIES.— E xcept as provided by P residential Proclamation N umber 7 31 8, dated J une 9 ,2 0 00 (6 5 Fed. R eg. 372 4 7), within the wilderness areas designated by this subtitle, the Secretary may ta k e such measures in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate. (3) L IVEST O C K .—Except as provided in section 1402 and by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the gra z ing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary 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 H ouse of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101 – 405). (4) FIS H AND W ILDLI F E MANAGEMENT.—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State. (5) INCOR P ORATION OF AC QU IRED LAND AND INTERESTS.— Any land or interest in land within the boundary of the Wilder- ness that is acquired by the United States shall— (A) become part of the Wilderness; and (B) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. SEC.1406 .E F FEC T . Nothing in this subtitle— (1) affects the authority of a Federal agency to modify or terminate grazing permits or leases, except as provided in section 1402; (2) authorizes the use of eminent domain; (3) creates a property right in any grazing permit or lease on Federal land; (4) establishes a precedent for future grazing permit or lease donation programs; or (5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United


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 123STA T . 1 0 32 PUBLIC LA W 111 – 11 —M A R .30, 200 9Sta t es, a nI n di ant r i b e, a State, o ra p ri v ate individ u a l , partner - s h ip, or c orporation .Subti t leF—Owyh ee P ubli cLandM ana g e m ent SEC.150 1. D E FIN I T I O NS. In this subtitle
 * (1)AC

C OUNT . —T he ter m‘ ‘account ’ ’ means the Owy hee L and Ac q uisition Account established by section 1 50 5(b)(1). ( 2 ) C OUNT Y .—The term ‘‘County’’ means Owyhee County, Idaho. ( 3 )O W Y HE E FR ONT.—The term ‘‘Owyhee F ront’’ means the area o f the County from J ump Cree k on the west to M ud Flat R oad on the east and drainin g north from the crest of the Silver City Range to the Snake River. ( 4 ) PLA N.—The term ‘‘plan’’ means a travel management plan for motori z ed and mechanized off-highway vehicle recre- ation prepared under section 150 7 . (5) PU B L I C LAN D .—The term ‘‘public land’’ has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1 9 7 6 (43 U .S.C. 1702(e)). (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (7) STATE.—The term ‘‘State’’ means the State of Idaho. ( 8 ) TRIBE S .—The term ‘‘Tribes’’ means the Shoshone Paiute Tribes of the D uck V alley Reservation. SEC. 150 2 .O WYH EE SCIENCE R E V IEW A ND CONSERVATION CENTER. (a) E STABLISH M ENT.—The Secretary, in coordination with the Tribes, State, and County, and in consultation with the University of Idaho, Federal grazing permittees, and public, shall establish the Owyhee Science Review and Conservation Center in the County to conduct research pro j ects to address natural resources manage- ment issues affecting public and private rangeland in the County. (b) PUR P OSE.—The purpose of the center established under subsection (a) shall be to facilitate the collection and analysis of information to provide Federal and State agencies, the Tribes, the County, private landowners, and the public with information on improved rangeland management. SEC. 150 3 .WI L DERNESS AREAS. (a) W ILDERNESS AREAS DESI G NATION.— (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 N ational Wilderness Preservation System: (A) B IG J AC K S CREEK WILDERNESS.—Certain land com- prising appro x imately 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 RI V ERS WILDERNESS.—Certain land comprising approximately 89,996 acres, as generally depicted on the map entitled ‘‘Bruneau-Jarbidge Rivers 16USC 11 32note.Idah o.


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 123STA T . 1 0 33 PUBLIC LA W 111 – 11 —M A R .30, 200 9Wildern e s s ’ ’ a nd da t ed D e c e mb er 15,20 0 8, wh ich shall be k n o wn as the ‘ ‘ B r u neau -J arbid g e R i v ers Wilderness’’ .(C)LIT T LEJACKS C R EEK W IL D ER N ESS. — Certain land com p rising appro x imatel y 50, 9 29 acres, as generally depicted on the map entitled ‘‘Little Jacks Creek and Big Jacks Creek Wilderness’’ and dated M ay 5, 2008, which shall be known as the ‘‘Little Jacks Creek Wilderness’’. (D) NO RT HF ORK OW Y HEE WILDERNESS.—Certain land comprising approximately 43 ,413 acres, as generally depicted on the map entitled ‘‘North F ork O wyhee and P ole Creek Wilderness’’ and dated May 5, 2008, which shall be known as the ‘‘North Fork Owyhee Wilderness’’. ( E ) OWYHEE RI V ER WILDERNESS.—Certain land com- prising approximately 2 67 ,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 Wilder- ness’’ and dated May 5, 2008, which shall be known as the ‘‘Pole Creek Wilderness’’. (2) MA P SANDLE G AL DESCRIPTIONS.— ( A ) I N GENERAL.—As soon as practicable a f ter the date of enactment of this Act, the S ecretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the H ouse of Representatives a map and legal description for each area designated as wilderness by this subtitle. (B) EFFECT.—Each map and legal description sub- mitted 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) AVAILA B ILITY.—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 ST U DY AREAS.— (A) IN GENERAL.—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Manage- ment Act of 1976 (43 U .S.C. 1782(c)), the public land in the County administered by the Bureau of Land Manage- ment has been ade q uately studied for wilderness designa- tion. (B) RELEASE.—Any public land referred to in subpara- graph (A) that is not designated as wilderness by this subtitle— (i) is no longer sub j ect 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) AD M INISTRATION.— (1) IN GENERAL.—Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered


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 123STA T . 1 0 3 4PUBLIC LA W 111 – 11 —M A R .30, 200 9bytheS e cr et a ry in acc o r d ance w ith the W i l derne s s A ct (16U. S. C .11 3 1etse q . ), e x ce p t that — (A) any re f erence in that Act to the effecti v e date shall be considered to be a reference to the date of enact -m ent of this Act and ( B ) any reference in that Act to the Secretary of A g ri- c u lture shall be considered to be a reference to the Sec- retary of the I nterior. ( 2 )W ITHDRAW A L .—Sub j ect to valid existing rights, the F ed- eral 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) L I VES T OCK .— (A) I NG ENERAL.—In the wilderness areas designated by this subtitle, the gra z ing of livestoc k 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 con- siders 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 H ouse R eport 1 0 1 – 40 5 . (B) INVENTOR Y .— N ot 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.— T he Secretary may construct and main- tain fencing around wilderness areas designated by this subtitle as the Secretary determines to be appropriate to enhance wilderness values. ( D ) DONATION O F GRA Z ING P ER M ITS OR LEASES.— (i) ACCEPTANCE B Y 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 des- ignated 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) A U THORIZED LEVEL.—To ensure that there is a permanent reduction in the level of grazing Deadlin e .


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 123STA T . 1 0 3 5PUBLIC LA W 111 – 11 —M A R .30, 200 9onthela n dc o v e r ed by a p er mi torlea s e donated u nder clause ( i ), the S ecretary shall not allo wg ra z ingusetoe x ceed the authorized level estab - lished under subclause ( I ) . (iv) PARTI A LDON ATION. — (I) IN GE NERAL.—I f 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) AU T H ORI Z ED LE V EL.— T o 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 author- ized level established under that subclause. ( 4 )A CQ UI S ITION O F LAND AND INTERESTS IN LAND.— (A) IN GENERAL.— C onsistent with applicable law, the Secretary may ac q uire land or interests in land within the boundaries of the wilderness areas designated by this subtitle by purchase, donation, or exchange. ( B ) INCOR P ORATION OF ACQUIRED LAND.—Any land or interest in land in, or ad j oining the boundary of, a wilder- ness area designated by this subtitle that is acquired by the U nited 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 hi k ing and equestrian trails on the land designated as wilderness by this subtitle, in a manner consistent with the W ilderness Act ( 16 U.S.C. 11 3 1et seq.). (B) R EPORT.— N ot 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) O UTFITTING 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 PROPERT Y .—In accordance with sec- tion 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Sec- retary shall provide any owner of private property within the boundary of a wilderness area designated by this subtitle ade- quate access to the property. ( 8 ) F ISH AND W ILDLIFE.— (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) M ANAGE M ENT ACTIVITIES.—


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 123STA T . 1 0 3 6PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)INGE NE RAL.— I nfurthe r a n c e o f the p urpo s es an d princip l es of the W ilderness A ct( 16U . S . C . 11 3 1 et se q .) , the Secretar ym ay conduct any mana g ement acti v ities that are necessary to maintain or restore fish and w ildlife populations and ha b itats in the wilder - ness areas designated by this subtitle, if the manage- ment activities are— (I) consistent with relevant wilderness management plans and (II) conducted in accordance with appropriate policies, such as the policies established in Appendi xB of H ouse R eport 1 0 1 –4 0 5 . (ii) IN C L USIO NS.— M anagement activities under clause (i) may include the occasional and temporary use of motori z ed 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 tas k s. (C) EX IS T ING ACTI V ITIES.—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 wilder- ness areas designated by this subtitle to survey, capture, transplant, monitor, and provide water for wildlife popu- lations, including bighorn sheep, and feral stock, feral horses, and feral burros. ( 9 ) WIL DF IRE, INSECT, AND DISEASE M ANAGEMENT.—Con- sistent 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 appro- priate, the coordination of those activities with a State or local agency. (10) AD J ACENT MANAGEMENT.— (A) IN GENERAL.— T he designation of a wilderness area by this subtitle shall not create any protective perimeter or buffer zone around the wilderness area. (B) N ON W ILDERNESS ACTIVITIES.—The fact that non- wilderness 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) MILITAR Y OVERFLIG H TS.—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. (1 2 ) WATER RIGHTS.— (A) IN GENERAL.—The designation of areas as wilder- ness by subsection (a) shall not create an express or implied


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 123STA T . 1 0 3 7PUBLIC LA W 111 – 11 —M A R .30, 200 9res er vationby t h e U nite dS tates o f any w ater or water ri g hts for wi l derness pu rposes with respe c t to such areas .(B)EXCLUSION S. —T his paragraph does not apply to any co m ponents of the N ational W ild and Scenic R ivers System designated by section 1504 . SEC.1504 . D ES IGNAT I O NO FW I L D AND SCENIC R I V ERS. (a) I N GE NE RA L.—Section 3 (a) of the Wild and Scenic Rivers A ct (1 6 U.S. C . 1 27 4(a)) (as amended by section 1203(a)(1)) is amended by adding at the end the following

‘(1 8 0) BA T TLE CREE K, I D A H O.—The 23.4 miles of Battle Cree k from the confluence of the O wyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river. ‘‘(181) BI GJ ACKS CREEK, IDAHO.—The 35.0 miles of Big J acks Creek from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1⁄4 ofsec.26,T.10S., R.2E., Boise M eridian, to be administered by the Secretary of the Interior as a wild river. ‘‘(182) BRUNEAU RI V ER, IDAHO.— ‘‘(A) IN GENERAL.—E x cept as provided in subparagraph (B), the 3 9 .3 - mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River, to be administered by the Secretary of the Interior as a wild river. ‘‘(B) EXCE P TION.—Notwithstanding subparagraph (A), the 0.6-mile segment of the Bruneau River at the Indian H ot Springs public road access shall be administered by the Secretary of the Interior as a recreational river. ‘‘(183) WEST F ORK B RUNEAU RIVER, IDAHO.—The approxi- mately 0.35 miles of the West F ork of the Bruneau River from the confluence with the Jarbidge River to the downstream boundary of the Bruneau Canyon Gra z ing Allotment in the SE / NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river. ‘‘(184) COTTON W OOD CREEK, IDAHO.—The 2.6 miles of Cottonwood Creek from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river. ‘‘(185) D EEP CREEK, IDAHO.—The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river. ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 miles of Dickshooter Creek from the confluence with Deep Creek to a point on the stream 1⁄4 mile due west of the east boundary of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river. ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.


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 123STA T . 1 0 3 8PUBLIC LA W 111 – 11 —M A R .30, 200 9‘ ‘ (18 8 )JARBIDGE RI V ER , IDA HO.—The2 8.8 mil e soft he J arb i dg e R i v er from the c o n fl u ence w ith the W est F or kB runeau River to the u p stream boundar y of the Bruneau - Jarbidge Rivers Wilderness, to be administered by the S ecretary of the I nterior as a wild river. ‘‘(18 9 ) L I T T L E J A CKS CREEK, IDAHO.—The 12. 4 miles of Little Jacks C reek from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the mouth of OXP rong Creek, to be administered by the Secretary of the Interior as a wild river. ‘‘(19 0 ) N ORTH F ORK O WY HEE RIVER, IDAHO.—The following segments of the North Fork of the Owyhee River, to be adminis- tered by the Secretary of the Interior ‘‘( A ) The 5 . 7 -mile segment from the Idaho-Oregon State border to the upstream boundary of the private land at the Juniper M t. Road crossing, as a recreational river. ‘‘(B) The 15.1-mile segment from the upstream boundary of the North Fork Owyhee River recreational segment designated in paragraph (A) to the upstream boundary of the North Fork Owyhee River Wilderness, as a wild river. ‘‘(191) OWYHEE RIVER, IDAHO.— ‘‘(A) I N GENERAL.—Sub j ect to subparagraph (B), the 6 7. 3 miles of the Owyhee River from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river. ‘‘(B) ACCESS.—The Secretary of the Interior shall allow for continued access across the Owyhee River at Crutchers Crossing, subject to such terms and conditions as the Sec- retary of the Interior determines to be necessary. ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river. ‘‘(193) SHEE P CREEK, IDAHO.—The 25.6 miles of Sheep Creek from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river. ‘‘(194) SO U TH FORK OWYHEE RIVER, IDAHO.— ‘‘(A) IN GENERAL.— Ex cept as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River upstream from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho – Nevada State border, to be administered by the Secretary of the Interior as a wild river. ‘‘(B) E X CEPTION.—Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River from the point at which the river enters the southern- most boundary to the point at which the river exits the northernmost boundary of private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be administered by the Secretary of the Interior as a recreational river. ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 miles of Wickahoney Creek from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness,


text: Dictionary of National Biography, 1885-1900/Montgomerie, Hugh (1460?-1545)


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 123STA T . 1 0 3 9PUBLIC LA W 111 – 11 —M A R .30, 2009 tobeadmin i s te r edb y t h e S e c retary o f the I nterior as a w i l d ri v er .’ ’. ( b )BOUNDARIES . —N otwithstandin g section 3 (b) of the W ild and Scenic R ivers A ct( 16U .S. C . 1 274 (b)) , the bo u ndary of a river segment designated as a com p onent of the National Wild and Scenic Rivers System under this subtitle shall e x tend not more than the shorter of— (1) an average distance of 1⁄4 mile from the high water mar k on both sides of the river segment or (2) the distance to the nearest confined canyon rim. (c) L AND A CQ UISI T ION.— T he Secretary shall not ac q uire any private land within the exterior boundary of a wild and scenic river corridor without the consent of the owner. SEC.150 5. LANDI DEN T I F IED F OR DIS P OSAL. (a) IN G ENERA L .—Consistent with applicable law, the Secretary may sell public land located within the Boise D istrict of the Bureau of Land M anagement that, as of J uly 2 5 ,2 0 00, has been identified for disposal in appropriate resource management plans. (b) USE O FP ROCEEDS.— (1) IN G ENERAL.—Notwithstanding any other provision of law (other than a law that specifically provides for a proportion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury of the United States to be known as the ‘ ‘ O wyhee Land Acquisition Account’’. (2) A V AILA B ILIT Y .— (A) IN GENERAL.—Amounts in the account shall be available to the Secretary, without further appropriation, to purchase land or interests in land in, or ad j acent to, the wilderness areas designated by this subtitle, including land identified as ‘‘Proposed for Acquisition’’ on the maps described in section 1503(a)(1). (B) A P PLICABLE LA W .—Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law. (3) APPLICABILITY.—This subsection applies to public land within the Boise District of the Bureau of Land Management sold on or after January 1, 200 8 . (4) ADDITIONAL A M OUNTS.—If necessary, the Secretary may use additional amounts appropriated to the Department of the Interior, subject to applicable reprogramming guidelines. (c) TERMINATION OF AUT H ORITY.— (1) IN GENERAL.—The authority provided under this section terminates on the earlier of— (A) the date that is 10 years after the date of enactment of this Act; or (B) the date on which a total of $ 8,000,000 from the account is expended. (2) AVAILABILITY OF AMOUNTS.—Any amounts remaining in the account on the termination of authority under this section shall be— (A) credited as sales of public land in the State; (B) transferred to the F ederal Land Disposal Account established under section 206(a) of the Federal Land Trans - action Facilitation Act (43 U.S.C. 2305(a)); and 16USC 1 274note. 16 USC 1274 note.


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 123STA T . 1 04 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9(C)usedinac c or dance w i th that su b tit l e .SEC.1506 . TRIBAL C U LTURAL RES O URCES. (a) C O O RDINAT ION. —T he S ecretar y shall coordinate with the Tribes in the i mp lementation o f the Shoshone P aiute Cultural R esource Protection Plan. (b) AG R E E M ENT S .—The Secretary shall see k to enter into a g ree - ments with the Tribes to implement the Shoshone Paiute Cultural Resource Protection Plan to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes. SEC. 150 7 . RECREATIO N AL TRA V EL M ANA G EMENT P LANS. (a) I N G ENERA L .—In accordance with the F ederal L and Policy and M anagement Act of 1976 ( 43U .S.C. 17 0 1etse q .) , the Secretary shall, in coordination with the Tribes, State, and County, prepare 1 or more tra v el management plans for motori z ed and mechanized off-highway vehicle recreation for the land managed by the B ureau of Land Management in the County. (b) IN V ENTOR Y .—Before preparing the plan under subsection (a), the Secretary shall conduct resource and route inventories of the area covered by the plan. (c) LIMITATION TO D ESIGNATED RO U TES.— (1) IN GENERAL.— Ex cept as provided in paragraph ( 2 ), the plan shall limit recreational motorized and mechanized off- highway vehicle use to a system of designated roads and trails established by the plan. (2) E XC E P TION.—Paragraph (1) shall not apply to snowmo- biles. (d) TEMPORARY LIMITATION.— (1) IN GENERAL.—Except as provided in paragraph (2), until the date on which the Secretary completes the plan, all rec- reational motorized and mechanized off-highway vehicle use shall be limited to roads and trails lawfully in existence on the day before the date of enactment of this Act. (2) EXCEPTION.—Paragraph (1) shall not apply to— (A) snowmobiles or (B) areas specifically identified as open, closed, or lim- ited in the O wyhee Resource Management Plan. (e) SC H EDULE.— (1) O W YHEE F RONT.—It is the intent of Congress that, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a transportation plan for the Owyhee Front. (2) OTHER B UREAU OF LAND MANAGEMENT LAND IN THE COUNTY.—It is the intent of Congress that, not later than 3 years after the date of enactment of this Act, the Secretary shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front. SEC. 150 8 . AUT H ORI Z ATION O F APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. Deadlin e .Tr an spo r t ation plan. Deadline. Transportation plan.


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 123STA T . 1 04 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9Subti t leG— S a bi nos o W il d e r ness ,N e wM e x i c o SEC.160 1. D E FIN I T I O NS. Inthis s ub tit le:(1)MAP.—T he te rm‘ ‘m ap’ ’ means the map entitle d ‘‘ S abin o so W ilderness’’ and dated September 8,20 08. (2) S ECR E T AR Y .—The term ‘‘Se c retar y ’’ means the Secretary o f the Interior. ( 3 ) STATE.—The term ‘‘State’’ means the State of N e w Me x ico. SEC. 160 2 . DESI G N A TION OF T H ESA B INOSO W I L DE R NESS. (a) I NG ENERA L .—In furtherance of the purposes of the Wilder - ness A ct (1 6U .S. C . 1131 et se q .), the approximately 16,030 acres of land under the j urisdiction of the Taos F ield O ffice B ureau of L and Mana g ement, New Mexico, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness P reser v ation System, to be k nown as the ‘‘Sabinoso Wilderness’’. (b) MAP AN D LE G AL D E S CR I PTI O N.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Sabinoso Wilderness with— (A) the Committee on E nergy and Natural R esources of the Senate and (B) the Committee on Natural Resources of the H ouse of Representatives. (2) FORCE O F LA W .—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) P UB LIC A V AILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) AD M INISTRATION OF WILDERNESS.— (1) IN GENERAL.—Subject to valid existing rights, the Sabinoso Wilderness shall be administered by the Secretary in accordance with this subtitle and 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; and (B) any reference in the Wilderness Act to the Sec- retary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (2) INCORPORATION OF AC Q UIRED LAND AND INTERESTS.— Any land or interest in land within the boundary of the Sabinoso Wilderness that is acquired by the United States shall— (A) become part of the Sabinoso Wilderness; and (B) be managed in accordance with this subtitle and any other laws applicable to the Sabinoso Wilderness. 16USC 11 32note.


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 123STA T . 1 04 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)GRAZING.—Thegrazin g ofl i v e st o ck in the S a b inoso W il d erness , if established before the date of enact m ent of this A ct, shall be administered in accordance w ith— (A) section 4 (d)(4) of the Wilderness Act ( 16U .S. C . 1133(d)(4)) and ( B )theg u idelines set forth in A p pendi x A of the report of the Committee on I nterior and Insular Affairs of the H ouse of R epresentatives accompan y ing H.R. 2570 of the 101st Congress (H. Rept. 101 – 405). (4) F I SH AN DW I L DLI FE .—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the j urisdiction of the State with respect to fish and wildlife in the State. (5) A C CESS.— (A) IN GENERAL.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall continue to allow private landowners ade q uate access to inholdings in the Sabinoso Wilderness. (B) CER T AIN LAND.—For access purposes, private land within T. 16 N ., R.23 E ., secs.17and20andtheN 1⁄2 of sec. 21, N. M .M., shall be managed as an inholding in the Sabinoso Wilderness. (d) WITHDRAWAL.—Subject to valid existing rights, the land generally depicted on the map as ‘ ‘ L ands Withdrawn From Mineral Entry ’ ’ and ‘‘Lands Released From Wilderness Study Area & With - drawn From Mineral Entry’’ is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws, except disposal by exchange in accordance with section 206 of the Federal Land P olicy and Management Actof1 9 76 (43 U.S.C. 1716); (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws. (e) RELEASE O F WILDERNESS ST U D Y AREAS.—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 17 8 2(c)), the public lands within the Sabinoso Wilderness Study Area not designated as wilderness by this subtitle— (1) have been adequately studied for wilderness designation and are no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with applicable law (including subsection (d)) and the land use management plan for the surrounding area. Subti t leH—P i c tu r e dRo c ksNa tio n al L akes h ore W ilderness SEC.165 1. D E FIN I T I O NS. In this subtitle (1) LINE OF DE M ARCATION.—The term ‘‘line of demarcation’’ means the point on the bank or shore at which the surface waters of Lake Superior meet the land or sand beach, regardless of the level of Lake Superior.


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 123STA T . 1 04 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)MAP.—Thet e rm‘ ‘m ap’ ’ mea ns the map ent i t l e d ‘‘ P i c- t u red Ro c k s N ational L akeshore B ea v er Basin W ilderness Boundar y ’’, num b ered 6 2 5/80 ,05 1, and dated A pril 16, 200 7 . ( 3 )NA TION A L LA KESH O R E.—The term ‘‘National Lakeshore’’ means the Pictured Rocks National Lakeshore. ( 4 ) S E C RETAR Y .—The term ‘‘Secretary’’ means the Secretary o f the I nterior. (5) WIL D ERNESS.—The term ‘‘Wilderness’’ means the Beaver Basin Wilderness desi g nated by section 1652(a). SEC.1652 . D ES IGNAT I O NO FB EA V E R BASIN W I L DERNESS. (a) IN G ENERAL.—In accordance w ith the Wilderness Act (16 U .S. C . 1131 et se q .), the land described in subsection (b) is des- ignated as wilderness and as a component of the National Wilder- ness Preservation System, to be known as the ‘‘Beaver Basin Wilder- ness’’. (b) D ESCRIPTION O F LAND.—The land referred to in subsection (a) is the land and inland water comprising appro x imately 11,740 acres within the National Lakeshore, as generally depicted on the map. (c) BO U NDARY.— (1) LINE OF DE M ARCATION.—The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by Lake Superior. (2) SURFACE W ATER.—The surface water of Lake Superior, regardless of the fluctuating lake level, shall be considered to be outside the boundary of the Wilderness. (d) MAP AND LE G AL DESCRIPTION.— (1) A V AILA B ILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on E nergy and Natural Resources of the Senate and the Committee on Natural Resources of the H ouse of Rep- resentatives a legal description of the boundary of the Wilder- ness. (3) F ORCE AND EFFECT.—The map and the legal description submitted under paragraph (2) 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 and legal description. SEC. 165 3 .AD M INISTRATION. (a) MANAGEMENT.—Sub j ect to valid existing rights, the Wilder- ness 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 enact- ment of this Act and (2) with respect to land administered by the Secretary, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) USE OF ELECTRIC MOTORS.—The use of boats powered by electric motors on Little Beaver and Big Beaver Lakes may con- tinue, subject to any applicable laws (including regulations). 16USC 11 32note. 16 USC 1132 note. 16 USC 1132 note.


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 123STA T . 1 04 4 PUBLIC LA W 111 – 11 —M A R .30, 200 9SEC.1654 .E F FEC T . Nothing in thi s s ub tit le—(1)m o d i f ies ,a lte r s, or affe c ts an y treaty rights ( 2 ) alters the management of the w ater of L a k e S u p erior within the boundary of the P ictured R ocks National Lakeshore ine x istence on the date of enactment of this A ct; or ( 3 ) prohibits— (A) the use of motors on the surface water of Lake Superior ad j acent to the W ilderness; or ( B ) the beaching of motorboats at the line of demarca - tion .Subti t leI—Or e gonBad land sW ilderness SEC. 1 70 1. D EF IN ITI O NS. I n this subtitle (1) DISTR I C T.— T he term ‘ ‘District ’ ’ means the C entral O regon Irrigation District. (2) S E CRET A R Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. (3) STATE.—The term ‘‘State’’ means the State of Oregon. ( 4 )WI LD ER N ESS M A P .—The term ‘‘wilderness map’’ means the map entitled ‘‘Badlands Wilderness’’ and dated September 3,2 0 0 8 . SEC. 170 2 .O R E G ON BA D L ANDS W ILDERNESS. (a) DESI G NATI O N.—In accordance with the Wilderness Act (1 6U .S.C. 1131 et se q .), the approximately 2 9 ,301 acres of Bureau of Land M anagement land in the State, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preser v ation System, to be known as the ‘‘Oregon Badlands Wilderness’’. (b) ADMINISTRATION O F WILDERNESS.— (1) IN GENERAL.—Subject to valid existing rights, the Oregon Badlands Wilderness shall be administered by the Sec- retary 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; and (B) any reference in the Wilderness Act to the Sec- retary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (2) INCORPORATION OF AC QU IRED LAND AND INTERESTS.— Any land or interest in land within the boundary of the Oregon Badlands Wilderness that is acquired by the United States shall— (A) become part of the Oregon Badlands Wilderness; and (B) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (3) G RA Z ING.—The gra z ing of livestock in the Oregon Bad- lands Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such 16USC 11 32note.


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 123STA T . 1 045PUBLIC LA W 111 – 11 —M A R .30, 200 9reason a bl ere gu la ti ons as are c onsi d ered necessar y byt h e S ec - retary in accordance w ith —(A) section 4 (d)(4) o f the W ilderness Act ( 16U. S. C . 11 3 3(d)(4)) and ( B ) the guidelines set forth in A p pendi x A of the report of the Co m mittee on I nterior and Insular Affairs of the H ouse of R epresentati v es accompanying H.R. 2570 of the 101st Congress (H. Rept. 101 – 405). (4) A C C ES S TOPRIVA TE PROPERT Y .—In accordance with sec- tion 5(a) of the Wilderness Act (16 U.S.C. 1134(a)) , the Sec- retary shall provide any owner of private property within the boundary of the O regon Badlands Wilderness ade q uate access to the property. (c) P OTE N TIA L WIL D ERNESS.— (1) IN G ENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain F ederal land managed by the Bureau of L and M anagement with a width of 25 feet, as generally depicted on the wilderness map as ‘ ‘Potential Wilderness ’ ’, is designated as potential wilderness. (2) INTERI M MANAGEMENT.— T he potential wilderness des- ignated by paragraph (1) shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow nonconforming uses that are authori z ed and in existence on the date of enactment of this Act to continue in the potential wilderness. (3) D ESIGNATION AS W ILDERNESS.—On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted under paragraph (2) have terminated, the potential wilderness shall be— (A) designated as wilderness and as a component of the N ational Wilderness Preservation System; and (B) incorporated into the Oregon Badlands Wilderness. (d) MAP AND LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Badlands Wilderness with— (A) the Committee on E nergy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) FORCE O F LAW.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description. (3) P UB LIC AVAILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. SEC.1703 . R E L E A SE. (a) FINDING.—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1 9 76 (43 U.S.C. 17 8 2(c)), the portions of the Badlands wilderness study area that are not designated as the Oregon Badlands Wilderness Fed e ralR e gist er ,pub li c ati on.N otice. 16USC 11 32 note.


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 123STA T . 1 046PUBLIC LA W 111 – 11 —M A R .30, 200 9orasp o ten t i a lw il d erness h a v e b een ade qu atel y studied f or wilder - ness or potential wilderness desi g nation .( b )REL E AS E. —A ny publi c land described in subsection (a) that is not designated as wilderness by this subtitle— ( 1 ) is no longer sub j ect to section 603 (c) of the F ederal L and P olicy and M anage m entActof1 97 6( 4 3 U . S . C .17 82 (c)) and (2) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). SEC.1704 . LAND E X C H AN G ES. (a) CLA RNO LAN DEXCH AN G E.— (1) CON V E Y ANCE O F LAND.—Subject to subsections (c) through (e) , if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer; and ( B ) on receipt of acceptable title to the non-Federal land, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) D ESCR IPT ION OF LAND.— (A) N ON-FEDERAL LAND.— T he non-Federal land referred to in paragraph (1) is the appro x imately 239 acres of non-Federal land identified on the wilderness map as ‘ ‘Clarno to Federal G overnment ’ ’. (B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 209 acres of Federal land identified on the wilderness map as ‘‘Federal Govern- ment to Clarno’’. (3) S U RVEYS.—The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary. (b) DISTRICT EXCHANGE.— (1) CONVEYANCE OF LAND.—Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non- Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer; and (B) on receipt of acceptable title to the non-Federal land, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) DESCRIPTION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal land referred to in paragraph (1) is the approximately 5 27 acres of non-Federal land identified on the wilderness map as ‘‘C OI D to Federal Government’’. (B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 697 acres of Federal land identified on the wilderness map as ‘‘Federal Govern- ment to COID’’.


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 123STA T . 1 047PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)SURVEYS.—The e xact ac r ea g ea ndl egal de s cr ip ti o no f the F ederal land and non - Federal land descri b ed in paragraph ( 2 ) shall be deter m ined b y s u r v eys approved by the Secretary. (c) AP P LICAB LE L A W .— E xcept as other w ise provided in this section , the Secretary shall carry out the land exchanges under this section in accordance with section 2 06 of the Federal Land P olicy and M anagement Act of 197 6( 4 3 U .S. C . 1716). (d) V ALUA T I ON , APPRAISALS, AN D E Q UALI Z ATION.— (1) I N G ENERAL.—The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section— (A) shall be e q ual, as determined by appraisals con- ducted in accordance with paragraph (2) or ( B ) if not equal, shall be equali z ed in accordance with paragraph (3). (2) APPRAISALS.— (A) IN GENERAL.—The Federal land and the non-Fed- eral land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non- Federal land to be exchanged. (B) R EQUIRE M ENTS.—An appraisal under subparagraph (A) shall be conducted in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) EQUALIZATION.— (A) IN GENERAL.—If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by— (i) ma k ing a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (B) CAS H EQUALIZATION PAYMENTS.—Any cash equali- zation payments received by the Secretary under subpara- graph (A)(i) shall be— (i) deposited in the Federal Land D isposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 230 5 (a)); and (ii) used in accordance with that Act. (e) CONDITIONS O F E X CHANGE.— (1) IN GENERAL.—The land exchanges under this section shall be sub j ect to such terms and conditions as the Secretary may require. (2) COSTS.—As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal G overn- ment and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.


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Page:United States Statutes at Large Volume 123.djvu/1068

 123STA T . 1 048PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)VALIDEX I ST I NGR IG H TS .—The e xc h ang e ofF e d e r a l land and non - Federal land u nder t h is section shall b e sub j ect to an y ease m ents , rights-of- w ay, and other v alid rights in exist- ence on the date of enactment of this A ct. (f) COMP LETION O FL AND E X C HANGE.— I t is the intent of Con- gress that the land exchanges under this section shall be com p leted not later than 2 years after the date of enactment of this Act. SEC.1705 . PROT ECT I O N O F TRI BAL TREAT Y RI GH TS. N othing in this subtitle alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and B ands of M iddle O regon of J une 2 5, 18 55 (12 S tat. 96 3). Subti t leJ— S pr i ngBas in W il d erness ,O reg o n SEC. 1751. D EFINITIONS. In this subtitle (1) SECRETAR Y .—The term ‘ ‘Secretary ’ ’ means the Secretary of the Interior. (2) STATE.—The term ‘‘State’’ means the State of Oregon. (3) TRI B ES.—The term ‘‘Tribes’’ means the Confederated Tribes of the W arm Springs R eservation of Oregon. ( 4 ) WILDERNESS MAP.—The term ‘‘wilderness map’’ means the map entitled ‘‘Spring Basin Wilderness with Land Exchange P roposals’’ and dated September 3, 2 0 08. SEC. 175 2 . SPRING BASIN W ILDERNESS. (a) D ESIGNATION.—In accordance with the Wilderness Act (16 U .S.C. 1131 et se q .), the approximately 6,382 acres of Bureau of Land Management land in the State, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be k nown as the ‘‘Spring Basin Wilderness’’. (b) ADMINISTRATION OF WILDERNESS.— (1) IN GENERAL.—Subject to valid existing rights, the Spring Basin Wilderness 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 and (B) any reference in the Wilderness Act to the Sec- retary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (2) INCORPORATION OF AC QU IRED LAND AND INTERESTS.— Any land or interest in land within the boundary of the Spring Basin Wilderness that is acquired by the United States shall— (A) become part of the Spring Basin Wilderness; and (B) be managed in accordance with this Act, the Wilder- ness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (3) G RA Z ING.—The gra z ing of livestock in the Spring Basin Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable 16USC 11 32note.D e adli ne.


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Page:United States Statutes at Large Volume 123.djvu/1069

 123STA T . 1 049PUBLIC LA W 111 – 11 —M A R .30, 2009 regulations as are c onsi d ered necessar yb yt h e S ecretary , in accordance w ith —(A) section 4 (d)(4) o f the W ilderness Act ( 16U. S. C . 11 3 3(d)(4)) and ( B ) the guidelines set forth in A p pendi x A of the report of the Co m mittee on I nterior and Insular Affairs of the H ouse of R epresentati v es accompanying H.R. 2570 of the 101st Congress (H. Rept. 101 – 405). (c) MAP A NDLEG A LD E SCRI P T I O N.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Spring Basin Wilderness with— (A) the Committee on E nergy and N atural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) F ORCE O F LA W .— T he map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any typographical errors in the map and legal description. (3) PUB LIC A V AILABILIT Y .—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. SEC.1753 . R E L E A SE. (a) FINDING.—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1 9 76 (43 U.S.C. 17 8 2(c)), the portions of the Spring Basin wilderness study area that are not designated by section 1752(a) as the Spring Basin Wilderness in the following areas have been ade q uately studied for wilderness designation (1)T.8S., R.19E., sec.10,NE 1⁄4 ,W1⁄ 2 . (2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4. (3)T.8S., R.20E., sec.19,SE1⁄4,S1⁄2oftheS1⁄2. (b) RELEASE.—Any public land described in subsection (a) that is not designated as wilderness by this subtitle— (1) is no longer sub j ect to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 175 4 .LA ND E X C H AN G ES. (a) CONFEDERATED TRIBES OF T H E WAR M SPRINGS RESERVATION LAND E X CHANGE.— (1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non - Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer; and (B) on receipt of acceptable title to the non-Federal land, convey to the Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) DESCRIPTION OF LAND.—


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Page:United States Statutes at Large Volume 123.djvu/1070

 123STA T . 1 05 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)NON-FED E RAL LAND .—Theno n- F e d e ral land re f erred t o i n p ara g raph ( 1 )i s the appro x i m atel y4, 4 80 a c res of non-Federal land identified on the w ilderness map as ‘ ‘ L ands proposed for transfer from the C T WSIR to the Federal G o v ernment ’ ’. ( B ) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 4, 57 8 acres of Fed- eral land identified on the wilderness map as ‘‘Lands pro- posed for transfer from the Federal Government to CTWSIR’’. ( 3 )S U R V E YS .—The exact acreage and legal description of the Federal land and non-Federal land descri b ed in paragraph ( 2 ) shall be determined by s u rveys approved by the Secretary. (4) W ITH DRA W AL.—Sub j ect to valid existing rights, the land ac q uired by the Secretary under this subsection 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 any law relating to mineral and geothermal leasing or mineral materials. (b) MC GREER LAND EX CHAN G E.— (1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the landowner offers to convey to the U nited States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer; and (B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) D ESCRI P TION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal land referred to in paragraph (1) is the approximately 18 acres of non-Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from McGreer to the Federal Government’’. (B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to McGreer’’. (3) SURVEYS.—The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary. (c) K EYS LAND EXCHANGE.— (1) CONVEYANCE OF LAND.—Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer; and (B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).


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Page:United States Statutes at Large Volume 123.djvu/1071

 123STA T . 1 05 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)DESCRIPT I ON O FLA N D.— ( A ) N ON - FEDERAL LAND.— Theno n- F e d e ral land re f erred t o i n p ara g raph ( 1 )i s the appro x i m atel y 1 80 a c res of non-Federal land identified on the w ilderness map as ‘ ‘ L ands proposed for transfer from K eys to the Federal G o v ernment ’ ’. ( B ) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 18 7 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to Keys’’. ( 3 ) SU R V E Y S.—The exact acreage and legal description of the Federal land and non-Federal land descri b ed in paragraph (2) shall be determined by s u rveys approved by the Secretary. (d) BO W ER M AN LAND EX C H AN G E.— (1) C ONVEYANCE OF LAND.—Sub j ect to subsections (e) through (g) , if the landowner offers to convey to the U nited States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall— (A) accept the offer and (B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B). (2) DESCRIPTION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal land referred to in paragraph (1) is the approximately 32 acres of non-Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from Bowerman to the Federal Government’’. (B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is the approximately 2 4 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to Bowerman’’. (3) SURVEYS.—The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary. (e) APPLICA B LE LAW.—Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 20 6 of the Federal Land P olicy and M anagement Act of 1 9 76 (43 U.S.C. 1716). (f) V ALUATION, APPRAISALS, AND E Q UALI Z ATION.— (1) I N GENERAL.—The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section— (A) shall be e q ual, as determined by appraisals con- ducted in accordance with paragraph (2); or (B) if not equal, shall be equali z ed in accordance with paragraph (3). (2) APPRAISALS.— (A) IN GENERAL.—The Federal land and the non-Fed- eral land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non- Federal land to be exchanged. (B) R EQUIREMENTS.—An appraisal under subparagraph (A) shall be conducted in accordance with—


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Page:United States Statutes at Large Volume 123.djvu/1072

 123STA T . 1 05 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)theUn i formAp pr a i s a lS tan d ards for F ederal L and A cqu isitions and (ii) the Uniform Standards of P rofessional Appraisal Practice . ( 3 ) EQUALIZ A T I ON . — (A) I N GE NE R AL.—If the v alue of the Federal land and the non - Federal land to b e conve y edinalande x chan g e under this section is not equal , the value may be equali z ed by— (i) ma k ing a cash equalization payment to the Secretary or to the o w ner of the non-Federal land, as appropriate, in accordance with section 206 (b) of the Federal Land Policy and M anagement Act of 197 6 ( 4 3 U.S. C . 1716(b)); or (ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. ( B )CA SH EQUALIZATION P A YM ENTS.—Any cash equali- zation payments received by the Secretary under subpara- graph (A)(i) shall be— (i) deposited in the Federal Land D isposal Account established by section 206(a) of the Federal Land T ransaction Facilitation Act (43 U.S.C. 230 5 (a)); and (ii) used in accordance with that Act. (g) CON D ITIONS O F E XC HANGE.— (1) IN GENERAL.—The land exchanges under this section shall be sub j ect to such terms and conditions as the Secretary may require. (2) COSTS.—As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal G overn- ment and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances. (3) V ALID EXISTING RIGHTS.—The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in exist- ence on the date of enactment of this Act. (h) COMPLETION OF LAND EXCHANGE.—It is the intent of Con- gress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act. SEC.175 5. PROT ECT I O N O F TRI BAL TREAT Y RI GH TS. N othing in this subtitle alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle O regon of J une 25, 1 8 55 (12 Stat. 963). Subti t leK—Eas te rn Sierra an dNo rt h ern San G abriel W ilderness ,C ali f ornia SEC. 1 80 1. D EFINITIONS. In this subtitle (1) FOREST.—The term ‘ ‘Forest ’ ’ means the Ancient Bristlecone Pine Forest designated by section 1808(a). 16USC4 6 0v vv note.D e adli ne.


text: Dictionary of National Biography, 1885-1900/Montgomerie, Hugh (1531?-1585)


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Page:United States Statutes at Large Volume 123.djvu/1073

 123STA T . 1 05 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)RECR E ATION AREA .—Thet e rm‘ ‘Re c re a t ionA rea ’ ’ mean s the B ri dg e p ort W inter Recreation Area designated by section 1806 (a). ( 3 ) S ECRETAR Y .—The term ‘‘Secretary’’ means— (A) w ith respect to l and u nder the j urisdiction o f the Secretary of Agriculture , the Secretary of Agriculture and (B) with respect to land under the jurisdiction of the Secretary of the I nterior, the Secretary of the Interior. ( 4 ) STATE.—The term ‘‘State’’ means the State of C alifornia. ( 5 ) TRAI L .—The term ‘‘Trail’’ means the P acific Crest N ational Scenic Trail. SEC.1802 . D ES IGNAT I O NO FW I L DE R NESS AREAS. In accordance with the Wilderness Act (16 U .S.C. 1131 et se q .), the following areas in the State are designated as wilderness and as components of the National Wilderness Preser v ation System (1) H OO V ER W IL D ERNE S S ADDITIONS.— (A) IN G ENERAL.—Certain land in the Humboldt - Toiyabe and Inyo National F orests, comprising appro x i- mately 79 ,820 acres and identified as ‘‘Hoover E ast Wilder- ness Addition,’’ ‘‘Hoover West Wilderness Addition’’, and ‘‘Bighorn Proposed Wilderness Addition’’, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the Hoover Wilderness. (B) D ESCRI P TION O FM APS.—The maps referred to in subparagraph (A) are— (i) the map entitled ‘‘Humboldt-Toiyabe National Forest Proposed M anagement’’ and dated September 17, 2008; and (ii) the map entitled ‘‘Bighorn Proposed Wilderness Additions’’ and dated September 23, 2008. (C) EFFECT.—The designation of the wilderness under subparagraph (A) shall not affect the ongoing activities of the adjacent United States Marine Corps Mountain War- fare Training Center on land outside the designated wilder- ness, in accordance with the agreement between the Center and the Humboldt-Toiyabe National Forest. (2) O WENS RIVER H EADWATERS WILDERNESS.—Certain land in the Inyo National Forest, comprising approximately 14,721 acres, as generally depicted on the map entitled ‘‘Owens River Headwaters Proposed Wilderness’’ and dated September 16, 2008, which shall be k nown as the ‘‘Owens River Headwaters Wilderness’’. (3) J OHN M U IR WILDERNESS ADDITIONS.— (A) IN GENERAL.—Certain land in the Inyo National Forest and certain land administered by the Bureau of L and Management in Inyo County, California, comprising approximately 70,411 acres, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the John Muir Wilderness. (B) DESCRIPTION OF MAPS.—The maps referred to in subparagraph (A) are— (i) the map entitled ‘‘John Muir Proposed Wilder- ness Addition (1 of 5)’’ and dated September 23, 2008; 16USC 11 32note.


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Page:United States Statutes at Large Volume 123.djvu/1074

 123STA T . 1 054PUBLIC LA W 111 – 11 —M A R .30, 200 9(i i )themap e n tit l e d‘ ‘ Jo hn Mu i rP ropo s ed W ilder - ness A ddition ( 2 o f5 ) ’ ’ and dated S eptem b er2 3, 2 0 0 8; (iii) the map entitled ‘‘John Muir Proposed Wilder- ness Addition (3 of 5)’’ and dated Oc tober 3 1, 2008; (i v ) the map entitled ‘‘John Muir Proposed Wilder- ness Addition ( 4 of 5)’’ and dated September 1 6, 2008; and (v) the map entitled ‘‘John Muir Proposed Wilder- ness Addition (5 of 5)’’ and dated September 16, 2008 . ( C ) BOUNDARY R EVIS ION. —T he boundar y of the John Muir Wilderness is revised as depicted on the map entitled ‘‘John Muir Wilderness— R evised’’ and dated September 16, 2008. (4) ANSE L ADA M S W ILDERNESS ADDI T ION.—Certain land in the I nyo N ational F orest, comprisin g appro x imately 528 acres, as generally depicted on the map entitled ‘‘Ansel Adams Pro- posed Wilderness Addition’’ and dated September 16, 2008, is incorporated in, and shall be considered to be a part of, the Ansel Adams Wilderness. (5) W H ITE MOUNTAINS WILDERNESS.— (A) IN G ENERAL.—Certain land in the Inyo National Forest and certain land administered by the Bureau of L and Management in Mono County, California, comprising approximately 22 9 ,993 acres, as generally depicted on the maps described in subparagraph (B), w hich shall be k nown as the ‘‘White Mountains Wilderness’’. (B) D ES C RI P TION O F MAPS.—The maps referred to in subparagraph (A) are— (i) the map entitled ‘‘White Mountains Proposed Wilderness-Map 1 of 2 (North)’’ and dated September 16, 2008; and (ii) the map entitled ‘‘White Mountains Proposed Wilderness-Map 2 of 2 (South)’’ and dated September 16, 2008. (6) G RANITE MOUNTAIN WILDERNESS.—Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Mono County, California, com- prising approximately 34,342 acres, as generally depicted on the map entitled ‘‘Granite Mountain Wilderness’’ and dated September 19, 2008, which shall be known as the ‘‘Granite Mountain Wilderness’’. ( 7 ) MAGIC MOUNTAIN WILDERNESS.—Certain land in the Angeles National Forest, comprising approximately 12,282 acres, as generally depicted on the map entitled ‘‘Magic Moun- tain Proposed Wilderness’’ and dated December 16, 2008, which shall be known as the ‘‘Magic Mountain Wilderness’’. (8) PLEASANT VIEW RIDGE WILDERNESS.—Certain land in the Angeles National Forest, comprising approximately 26,757 acres, as generally depicted on the map entitled ‘‘Pleasant V iew Ridge Proposed Wilderness’’ and dated December 16, 2008, which shall be known as the ‘‘Pleasant View Ridge Wilderness’’. SEC.1803 . ADMIN IS TR ATI O NO FW I L DERNESS AREAS. (a) MANAGEMENT.—Sub j ect to valid existing rights, the Sec- retary shall administer the wilderness areas and wilderness addi- tions designated by this subtitle in accordance with the Wilderness Act (16 U .S.C. 1131 et se q .), except that—


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Page:United States Statutes at Large Volume 123.djvu/1075

 123STA T . 1 05 5 PUBLIC LA W 111 – 11 —M A R .30, 200 9(1)anyref eren c e i n th at A ctt o the effecti v e d ate s ha l l b e considered to be a reference to the date of enact m ent of this Act and ( 2 ) any reference in that Act to the S ecretary of A g ric u lture shall be considered to be a reference to the Secretary that has j urisdiction over the land . (b) MAP A NDLEG A LD E SCRI P T I O N. — (1) I N GENERAL.—As soon as p racticable after the date of enactment of this Act , the Secretary shall file a map and legal description of each w ilderness area and wilderness addi - tion designated by this subtitle with— (A) the C ommittee on N atural R esources of the H ouse of Representatives; and ( B ) the Committee on E nergy and Natural Resources of the Senate. (2) F ORCE O F LA W .—Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, e x cept that the Secretary may correct any errors in the map and legal description. ( 3 ) PUB LIC A V AILABILIT Y .—Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) INCORPORATION OF AC Q UIRED LAND AND INTERESTS.—Any land (or interest in land) within the boundary of a wilderness area or wilderness addition designated by this subtitle that is ac q uired by the Federal G overnment shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this subtitle, the W ilder- ness Act (1 6U .S.C. 1131 et seq.), and any other applicable law. (d) WIT H DRAWAL.—Subject to valid rights in existence on the date of enactment of this Act, any Federal land designated as a wilderness area or wilderness addition by this subtitle is with- drawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geo- thermal leasing or mineral materials. (e) FIRE MANAGE M ENT AND RELATED ACTIVITIES.— (1) IN GENERAL.— T he Secretary may ta k e such measures in a wilderness area or wilderness addition designated by this subtitle as are necessary for the control of fire, insects, and diseases in accordance with section 4 (d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98– 4 0 of the 98th Congress. (2) FUNDING PRIORITIES.—Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this subtitle. (3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGE- MENT PLANS.—As soon as practicable after the date of enact- ment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this subtitle.


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Page:United States Statutes at Large Volume 123.djvu/1076

 123STA T . 1 056PUBLIC LA W 111 – 11 —M A R .30, 200 9(4)ADMIN I STRA TI O N .—Consi s te nt w it hpar a g raph ( 1 )an d other app l i c a b le F ederal law , to ens u reati m el y and e f ficient response to fire emergencies in the wilderness areas and wilder - ness additions designated by this subtitle, the S ecretary shall— (A) not later than 1 year after the date of enactment of this Act, establish agency appro v al procedures (including appropriate delegations of authority to the Forest Super- visor, D istrict M anager, or other agency officials) for responding to fire emergencies and ( B ) enter into agreements with appropriate State or local firefighting agencies. (f) A C C E SS TO P RI V ATE PRO P ERT Y .— T he Secretary shall provide any owner of private property within the boundary of a wilderness area or wilderness addition designated by this subtitle ade q uate access to the property to ensure the reasonable use and en j oyment of the property by the owner. (g) MI L ITARY ACTIVITIES.— N othing in this subtitle precludes— (1) low-level overflights of military aircraft over the wilder- ness areas or wilderness additions designated by this subtitle; ( 2 ) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this subtitle; or ( 3 ) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this subtitle. (h) L IVESTOC K .— G ra z ing of livestoc k and the maintenance of e x isting facilities relating to grazing in wilderness areas or wilder- ness additions designated by this subtitle, if established before the date of enactment of this Act, shall be permitted to continue in accordance with— (1) section 4(d)(4) of the W ilderness Act (1 6U .S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on I nterior and Insular Affairs of the H ouse of R epresentatives accompanying H.R. 2 570 of the 101st Con- gress (H. Rept. 101 – 405). (i) FIS H AND WILDLI F E MANA G EMENT.— (1) IN GENERAL.—In furtherance of the purposes 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 and fish and wildlife habitats in wilder- ness areas or wilderness additions designated by this subtitle if the activities are— (A) consistent with applicable wilderness management plans; and (B) carried out in accordance with applicable guidelines and policies. (2) STATE JU RISDICTION.—Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State. (j) HORSES.—Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness or as a wilderness addition by this subtitle— (1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and Contrac t s.De a dli ne. P roced u res.


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 123STA T . 1 057PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)subject t oany te rm san d cond i tions determined to be necessary by t h e S ecretary . ( k ) OUTFI TT ERANDG UIDE US E. — Out f itter and g uide acti v ities conducted under p ermits issued by the F orest Service on the addi - tions to the J ohn M uir ,A nse l Adams, and H oover w ilderness areas designated by this subtitle shall be in addition to any e x isting limits established for the John Muir, Ansel Adams, and Hoover wilderness areas. (l) T RANSFER T O T H E FOREST SER V I C E.— ( 1 ) W HITE M OUNTAINS W I L DERNESS.—Administrative juris- diction over the approximately 946 acres of land identified as ‘ ‘Transfer of Administrative Jurisdiction from BL MtoFS ’ ’ on the maps described in section 1 80 2( 5 )(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the White Mountains Wilderness. (2) JOHN MUIR WILDERNESS.—Administrative jurisdiction over the approximately 14 3 acres of land identified as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’ on the maps described in section 1802(3)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the John Muir Wilderness. (m) TRANSFER TO THE BUREAU OF LAND MANA G EMENT.— Administrative jurisdiction over the approximately 3,010 acres of land identified as ‘‘Land from FS to BLM’’ on the maps described in section 1802(6) is transferred from the Forest Service to the Bureau of Land Management to be managed as part of the Granite Mountain Wilderness. SEC.1804 . R E L E A SE OFWI L D ER N ESS S TU D Y AREAS. (a) FINDING.— C ongress finds that, for purposes of section 603 of the Federal Land P olicy and Management Act of 19 7 6 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addi- tion by this subtitle or any other Act enacted before the date of enactment of this Act has been ade q uately studied for wilderness. (b) D ESCRI P TION OF STUD Y AREAS.—The study areas referred to in subsection (a) are— (1) the Masonic Mountain Wilderness Study Area (2) the Mormon Meadow Wilderness Study Area; (3) the Walford Springs Wilderness Study Area; and (4) the Granite Mountain Wilderness Study Area. (c) R ELEASE.—Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date of enactment of this Act shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 180 5 . DESI G NATION OF WILD AND SCENIC RI V ERS. (a) I N GENERAL.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended by adding at the end the following ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The following seg- ments of the Amargosa River in the State of California, to be administered by the Secretary of the Interior: ‘‘(A) The approximately 4.1-mile segment of the Amargosa River from the northern boundary of sec. 7,


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 123STA T . 1 058PUBLIC LA W 111 – 11 —M A R .30, 200 9T.21N . ,R . 7E ., to 1 0 0 fe et ups t r e am oft h eTe c opa H ot S pr ing s roa d crossing, as a scenic ri v er. ‘ ‘ (B) The appro x imate ly8- mile segment of the A margosa River from 100 feet do w nstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the O ld Spanish Trail Highway crossing near Tecopa, as a scenic river. ‘‘( C ) The approximately 7. 9 -mile segment of the Amargosa River from the northern b oundary of sec. 1 6, T.20N., R.7E., to.2 5 miles upstream of the confluence with Sperry W ashinsec.10,T.19N., R.7E., as a wild river. ‘‘( D ) The approximately 4 .9-mile segment of the Amargosa River from .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the Dumont Dunes access road crossing in sec. 3 2, T. 19 N., R. 7 E., as a recreational river. ‘‘(E) The approximately 1.4-mile segment of the Amargosa River from 100 feet downstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river. ‘‘(197) O WENSRIV ER H E AD WA T ERS, C A L I FO RNIA. — The fol- lowing segments of the Owens River in the State of California, to be administered by the Secretary of Agriculture ‘‘(A) The 2.3-mile segment of Deadman Cree k from the 2-forked source east of San J oa q uin P eak to the con- fluence with the unnamed tributary flowing north into Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild river. ‘‘(B) The 2.3-mile segment of Deadman Creek from the unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 crossing, as a scenic river. ‘‘(C) The 4.1-mile segment of Deadman Creek from the Road 3S22 crossing to .25 miles downstream of the Highway 395 crossing, as a recreational river. ‘‘(D) The 3-mile segment of Deadman Creek from .25 miles downstream of the Highway 395 crossing to 100 feet upstream of Big Springs, as a scenic river. ‘‘(E) The 1-mile segment of the U pper Owens River from 100 feet upstream of Big Springs to the private prop- erty boundary in sec. 19, T. 2 S., R. 28 E., as a recreational river. ‘‘( F ) The 4-mile segment of G lass Creek from its 2- forked source to 100 feet upstream of the Glass Creek M eadow Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a wild river. ‘‘(G) The 1.3-mile segment of Glass Creek from 100 feet upstream of the trailhead parking area in sec. 29 to the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a scenic river. ‘‘(H) The 1.1-mile segment of Glass Creek from the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the confluence with Deadman Creek, as a recreational river. ‘‘(198) COTTONWOOD CREE K , CALIFORNIA.—The following segments of Cottonwood Creek in the State of California:


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 123STA T . 1 059PUBLIC LA W 111 – 11 —M A R .30, 2009 ‘ ‘ (A)The17.4-mil e s e g me ntfro mitshe adw aters at the s p ring in se c. 2 7, T4 S ., R . 3 4 E ., to the I n y o N ational F orest b o u ndary at the east section line of sec 3, T. 6 S., R.36E., as awildri v er to be administered by the Secretary of Agriculture. ‘‘( B ) The 4.1-mile segment from the Inyo National Forest boundary to the northern boundary of sec. 5 , T.4 S., R. 34 E., as a recreational river, to be administered by the Secretary of the Interior. ‘‘(1 9 9) PIRUC R E E K ,C AL I FO R N IA. — The following segments of Piru C ree k in the State of California, to be administered by the Secretary of Agriculture ‘‘(A) The 3-mile segment of Piru Creek from 0 .5 miles downstream of Pyramid D am at the first bridge crossing to the boundary of the Sespe W ilderness, as a recreational river. ‘‘(B) The 4.25-mile segment from the boundary of the Sespe Wilderness to the boundary between L os Angeles and V entura Counties, as a wild river. ’ ’. (b) EFFEC T .—The designation of Piru Creek under subsection (a) shall not affect valid rights in e x istence on the date of enactment of this Act. SEC.1806 . BRIDG E PO R TW I N TER RECRE A TION AREA. (a) DE S I G NATION.—The approximately 7,254 acres of land in the H umboldt-Toiyabe National Forest identified as the ‘‘Bridgeport Winter Recreation Area’’, as generally depicted on the map entitled ‘‘Humboldt-Toiyabe National Forest Proposed M anagement’’ and dated September 17, 200 8, is designated as the Bridgeport Winter Recreation Area. (b) MA P AN D LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Recreation Area with— (A) the Committee on Natural Resources of the House of Representatives and (B) the Committee on Energy and Natural Resources of the Senate. (2) FORCE OF LA W .—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description. (3) PU B LIC A V AILABILIT Y .—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) MANAGE M ENT.— (1) INTERIM MANAGEMENT.— U ntil completion of the management plan re q uired under subsection (d), and except as provided in paragraph (2), the Recreation Area shall be managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of enactment of this Act). (2) USE OF SNOWMOBILES.—The winter use of snowmobiles shall be allowed in the Recreation Area— (A) during periods of adequate snow coverage during the winter season; and 16USC4 6 0v vv . 16USC1 27 4 note .


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 123STA T . 1 06 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)subject t oany te rm san d cond i tions determined to be necessary by t h e S ecretary . (d) MAN A GEM EN TPL AN. —T o ensure the sound mana g ement and en f orcement of the R ecreation A rea , the Secretary sha l l, not later than 1 year after the date of enactment of this Act, undergo a p ublic process to de v elop a w inter use management plan that provides for— (1) ade q uate signage ( 2 ) a public education program on allowable usage areas; ( 3 ) measures to ensure adequate sanitation; ( 4 ) a monitoring and enforcement strategy; and ( 5 ) measures to ensure the protection of the Trail. (e) E N FORC EMENT.—The Secretary shall prioriti z e enforcement activities in the Recreation Area— (1) to prohibit degradation of natural resources in the Recreation Area; (2) to prevent interference with nonmotorized recreation on the Trail; and (3) to reduce user conflicts in the Recreation Area. (f) PAC I FIC C RE S T N ATIONAL SCENIC TRAIL.—The Secretary shall establish an appropriate snowmobile crossing point along the Trail in the area identified as ‘ ‘Pacific Crest Trail Proposed Crossing Area ’ ’ on the map entitled ‘‘ H umboldt - Toiyable National F orest Proposed Management’’ and dated September 1 7 ,2 0 0 8 — (1) in accordance with— (A) the National Trails System Act (1 6U .S.C. 1241 et seq.); and (B) any applicable environmental and public safety laws; and (2) subject to the terms and conditions the Secretary deter- mines to be necessary to ensure that the crossing would not— (A) interfere with the nature and purposes of the Trail; or (B) harm the surrounding landscape. SEC.1807 . MAN A G EMEN TOF A R EA WI T H INH U M B O LD T - TOI Y ABE NATIONAL FOREST. Certain land in the Humboldt-Toiyabe National Forest, com- prising appro x imately 3,6 9 0 acres identified as ‘‘Pic k el Hill Manage- ment Area’’, as generally depicted on the map entitled ‘‘Humboldt- Toiyabe National Forest Proposed Management’’ and dated Sep- tember 17, 2008, shall be managed in a manner consistent with the non- W ilderness forest areas immediately surrounding the Pickel Hill Management Area, including the allowance of snowmobile use. SEC. 1808. ANCIENT BRISTLECONE P INE FOREST. (a) D ESIGNATION.—To conserve and protect the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure the survival of the Pines for the purposes of public enjoyment and scientific study, the approximately 31,700 acres of public land in the State, as generally depicted on the map entitled ‘‘Ancient Bristlecone Pine Forest—Proposed’’ and dated J uly 16, 2008, is designated as the ‘‘Ancient Bristlecone Pine Forest’’. (b) MA P AN DL EGAL DESCRIPTION.— (1) I N GENERAL.—As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall file a map and legal description of the Forest with— Deadlin e .16USC539o . Deadline.