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 123STA T . 1 06 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)theCom m i ttee o nNa t ur a lR e s our c eso f the H ouse of Re p resentati v es an d ( B ) the Committee on E ner gy and Natural Resources of the S enate . ( 2 ) FORCE O FLAW . —T he map and legal description filed under paragraph ( 1 ) shall have the same force and effect as if included in this su b title , e x cept that the Secretary may correct any errors in the map and legal description. ( 3 ) PUB L I CA V AILABILI TY .—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) M A N A G E M ENT.— (1) I N GENERAL.—The Secretary shall administer the Forest— (A) in a manner that— (i) protect the resources and values of the area in accordance w ith the purposes for which the Forest is established, as described in subsection (a); and (ii) promotes the ob j ectives of the applicable management plan (as in effect on the date of enactment of this Act), including objectives relating to— (I) the protection of bristlecone pines for public enjoyment and scientific study; (II) the recognition of the botanical, scenic, and historical values of the area; and (III) the maintenance of near - natural condi- tions by ensuring that all activities are subordinate to the needs of protecting and preserving bristlecone pines and wood remnants; and (B) in accordance with the National Forest Manage- ment Act of 1 976 (16 U .S.C. 16 0 0etse q .), this section, and any other applicable laws. (2) U S ES.— (A) IN GENERAL.—The Secretary shall allow only such uses of the Forest as the Secretary determines would fur- ther the purposes for which the Forest is established, as described in subsection (a). (B) SCIENTIFIC RESEARC H .—Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest L and and Resource Management Plan (as in effect on the date of enactment of this Act). (3) W ITH D RAWAL.—Subject to valid existing rights, all Fed- eral land within the Forest is withdrawn from— (A) all forms of entry, appropriation or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. Subti t leL—R i v e rs i d e Co u n t yW ilderness , C a li f ornia SEC.185 1. WILD E RN ESS DESI G N AT I O N. (a) D EFINITION OF SECRETARY.—In this section, the term ‘ ‘Sec- retary ’ ’ means—


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 123STA T . 1 06 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(1)withresp e c tt olandu nder the j urisdiction o f the S ec - retar y of Ag riculture , the Secretary of Agriculture and ( 2 ) with respect to land under the jurisdiction of the Sec- retary of the I nterior, the Secretary of the Interior . ( b ) DESIGNAT I O NO FW I LD E R NESS, C LE V ELAND AND SAN B ERNARDINO N ATIONAL F ORESTS, J OS HU A T REE NATIONAL P AR K , AND BUREAU OF L AND M ANAGE M ENT LAND IN R IVERSIDE COUNT Y , CALIFORNIA. — (1) DESIGNATIONS.— (A) AGUA TI B IA W ILDERNESS ADDITIONS.—In accordance with the Wilderness Act (1 6U .S.C. 11 3 1etse q .), certain land in the Cle v eland National Forest and certain land ad m inistered by the Bureau of Land Management in River- side County, California, together comprising appro x imately 2, 05 3 acres, as generally depicted on the map titled ‘ ‘Pro- posed Addition to Agua Tibia Wilderness ’ ’, and dated May 9, 200 8 , is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93 – 632 (88 Stat. 215 4 (B) CAHUILLA MOUNTAIN WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 5,585 acres, as generally depicted on the map titled ‘‘Cahuilla Mountain Proposed Wilderness’’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be k nown as the ‘‘Cahuilla Mountain Wilderness’’. (C) SOUTH FORK SAN J A C INTO WILDERNESS.—In accord- ance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, Cali- fornia, comprising approximately 20,21 7 acres, as generally depicted on the map titled ‘‘South Fork San Jacinto Pro- posed Wilderness’’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘‘South Fork San Jacinto Wilderness’’. (D) SANTA ROSA WILDERNESS ADDITIONS.—In accord- ance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, Cali- fornia, and certain land administered by the Bureau of Land Management in Riverside County, California, com- prising approximately 2,149 acres, as generally depicted on the map titled ‘‘Santa Rosa-San Jacinto National Monu- ment E xpansion and Santa Rosa Wilderness Addition’’, and dated March 12, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa Wilderness designated by section 101(a)(28) of Public Law 98–425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). (E) BEAUTY MOUNTAIN WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 16USC 11 32note.
 * 16 U.S.C. 1132 note).

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 123STA T . 1 06 3 PUBLIC LA W 111 – 11 —M A R .30, 200 915,62 1 acres ,as g e n era l l yd e pi c t ed o nt h e m ap titled ‘ ‘ B ea u ty M ountain P roposed W ilderness ’ ’, and dated A pril 3 ,2 0 0 7, is designated as w ilderness and, there f ore, as a component of the N ational Wilderness Preser v ation S ystem, which shall b e k nown as the ‘‘Beauty Mountain Wilderness’’ .(F)JOSHUATRE E N AT I ONA LP AR KW IL D ERNESS ADDI - TIONS. —I n accordance with the Wilderness Act (16 U .S. C . 1131 et se q .), certain land in Joshua T ree National Park, comprising appro x imately 36,700 acres, as generally depicted on the map numbered 156 /8 0,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness Addi- tions’’, and dated March 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public L aw 94– 567 (90 Stat. 2692 16 U.S.C. 1132 note). ( G ) O RO C OPIA M OUNTAINS WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in R iverside County, California, comprising approximately 4,635 acres, as generally depicted on the map titled ‘‘Orocopia Mountains Proposed Wilderness Addi- tion’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Orocopia Mountains Wilderness as designated by paragraph (44) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries established by this subsection in Township 7 South, Range 13 E ast, exclude— (i) a corridor 250 feet north of the centerline of the Bradshaw Trail; (ii) a corridor 250 feet from both sides of the center- line of the vehicle route in the unnamed wash that flows between the Eagle Mountain Railroad on the south and the existing Orocopia Mountains Wilderness boundary; and (iii) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the south and the existing Orocopia Mountains Wilderness boundary. ( H ) PALEN/MCCO Y WILDERNESS ADDITIONS.—In accord- ance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Manage- ment in Riverside County, California, comprising approxi- mately 22,645 acres, as generally depicted on the map titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Palen/McCoy Wilderness as designated by paragraph (47) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). (I) PINTO MOUNTAINS WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in River- side County, California, comprising approximately 24,404


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 123STA T . 1 064PUBLIC LA W 111 – 11 —M A R .30, 200 9acres, as g e n era l l yd e pi c t ed o nt h e m ap titled ‘ ‘ P into M o u n - tains Proposed W ilderness ’ ’, and dated F e b ruary 21 ,2 0 0 8, is designated as w ilderness and, there f ore, as a component of the N ational Wilderness Preser v ation S ystem, which shall be k nown as the ‘‘Pinto Mountains Wilderness’’ .(J)CHUCKWAL LA MO U NT A I N S WIL DER NESS ADDITIONS. —I n accordance with the Wilderness A ct (1 6U .S.C. 11 3 1 et se q .), certain land administered by the B ureau of L and Management in R iverside County, California, comprising appro x imately 12,81 5 acres, as generally depicted on the map titled ‘‘Chuckwalla Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilder- ness and is incorporated in, and shall be deemed to be a part of the Chuckwalla Mountains Wilderness as des- ignated by paragraph (12) of section 102 of Public Law 103 –4 33 (108 Stat. 44 7 2 16 U.S.C. 1132 note). (2) MA P S AND DESCRIPTIONS.— (A) IN G ENERAL.—As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this section with the Committee on Natural Resources of the H ouse of Rep- resentatives and the Committee on E nergy and Natural Resources of the Senate. (B) FORCE O F LAW.—A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Sec- retary may correct errors in the map and legal description. (C) PU B LIC A V AILABILIT Y .—Each map and legal descrip- tion filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary. (3) UTILITY FACILITIES.—Nothing in this section prohibits the construction, operation, or maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section. (c) JOSHUA T REE NATIONAL PARK POTENTIAL WILDERNESS.— (1) D ESIGNATION OF POTENTIAL WILDERNESS.—Certain land in the Joshua Tree National Park, comprising approximately 43,300 acres, as generally depicted on the map numbered 156 / 80,055, and titled ‘‘Joshua Tree National Park Proposed Wilder- ness Additions’’, and dated March 2008, is designated potential wilderness and shall be managed by the Secretary of the Interior insofar as practicable as wilderness until such time as the land is designated as wilderness pursuant to paragraph (2). (2) DESIGNATION AS WILDERNESS.—The land designated potential wilderness by paragraph (1) shall be designated as wilderness and incorporated in, and be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 9 4–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effec- tive upon publication by the Secretary of the Interior in the Federal Register of a notice that— (A) all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; and Ef f ectiv e da te .F ede r a lR e g i s ter ,pub licati on . N otice. 16USC 11 32 note.


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 123STA T . 1 065PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)suf f ic i ent in hold in g s w ithin the b ound ar ies of the p otential wilderness ha v e been ac q uired to establish a m anageable wilderness unit . ( 3 ) MAP A ND D ESCRI P T I O N. — ( A ) I N G ENERA L .—As soon as practicable after the date on which the notice required b y paragraph ( 2 ) is published in the F ederal R egister , the S ecretary shall file a map and legal description of the land designated as wilderness and potential wilderness by this section with the C om - mittee on N atural Resources of the H ouse of Representa- tives and the Committee on E nergy and Natural Resources of the Senate. (B) FORCE O F LA W .— T he map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, e x cept that the Secretary may correct errors in the map and legal descrip- tion. (C) PUB LIC A V AILABILIT Y .—Each map and legal descrip- tion filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary. (d) AD M INISTRATION OF W ILDERNESS.— ( 1 ) MANAGEMENT.—Sub j ect to valid existing rights, the land designated as wilderness or as a wilderness addition by this section shall be administered by the Secretary in accordance with the Wilderness Act (1 6U .S.C. 1131 et seq.), except that— (A) any reference in that Act to the effective date of that Act shall be deemed to be a reference to— (i) the date of the enactment of this Act or (ii) in the case of the wilderness addition des- ignated by subsection (c), the date on which the notice required by such subsection is published in the Federal Register; and (B) any reference in that Act to the Secretary of Agri- culture shall be deemed to be a reference to the Secretary that has jurisdiction over the land. (2) INCORPORATION OF AC Q UIRED LAND AND INTERESTS.— Any land within the boundaries of a wilderness area or wilder- ness addition designated by this section that is acquired by the United States shall— (A) become part of the wilderness area in which the land is located; and (B) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (3) WIT H DRAWAL.—Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this section 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 all laws pertaining to mineral and geothermal leasing or mineral materials. ( 4 ) FIRE MANAGEMENT AND RELATED ACTIVITIES.— (A) IN GENERAL.—The Secretary may ta k e such meas- ures in a wilderness area or wilderness addition designated


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 123STA T . 1 06 6 PUBLIC LA W 111 – 11 —M A R .30, 200 9bythis s ec ti ona sa r e necessary f or the contro l of fire , insects, an d diseases in accordance w ith section 4( d ) ( 1 ) of the W ilderness A ct (1 6U.S . C . 11 3 3(d)(1)) and H o u se R e p ort 98– 4 0 of the 98th Con g ress. ( B ) FUNDI N GPR I O RI T I ES . —N othing in this section li m its funding for fire and fuels management in the wilderness areas and wilderness additions designated by this section. (C) RE V ISION A ND DEVE L OP M ENT O F LO C AL FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land des - ignated as a wilderness area or wilderness addition by this section. ( D ) ADMINISTRATION.—Consistent with subparagraph (A) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this section, the Secretary shall— (i) 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 Supervisor, District M anager, or other agency officials) for responding to fire emergencies and (ii) enter into agreements with appropriate State or local firefighting agencies. ( 5 ) G RA Z ING.—Gra z ing of livestoc k in a wilderness area or wilderness addition designated by this section shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96–61 7 to accompany H.R. 5487 of the 96th Congress. (6) NATIVE AMERICAN USES AND INTERESTS.— (A) ACCESS AND USE.— T othee x tent practicable, the Secretary shall ensure access to the Cahuilla Mountain Wilderness by members of an I ndian tribe for traditional cultural purposes. In implementing this paragraph, the Secretary, upon the re q uest of an Indian tribe, may tempo- rarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the min- imum period necessary for such purposes. Such access shall be consistent with the purpose and intent of P ublic L aw 95–341 (4 2 U.S.C. 1996), commonly referred to as the Amer- ican Indian Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131 et seq.). (B) INDIAN TRI B E DEFINED.—In this paragraph, the term ‘ ‘Indian tribe ’ ’ means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians. (7) MILITAR Y ACTIVITIES.—Nothing in this section pre- cludes— Contrac t s.De a dli ne. P roced u res.


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 123STA T . 1 067PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)low- l ev el ove rf l ights of m ilit a r y air c raft over the wil d er n ess areas or wilderness additions designated b y this section ( B ) the designation of new u nits of s p ecial airspace over the wilderness areas or wilderness additions des- ignated by this section; or ( C ) the use or establishment of military flight training routes over wilderness areas or wilderness additions des- ignated by this section .SEC.1852 . WILDAN D SCENIC R I V ER DESI G NA T I O NS , RIVERSIDE CO U NT Y , CALI F ORNIA. S ection 3 (a) of the W ild and Scenic R ivers Act ( 16U .S.C. 1 274 (a)) (as amended by section 1 805 ) is amended by adding at the end the following new paragraphs

‘(200) NORTHF OR K S ANJ A CI NTO RI VE R , CA L I F ORNIA. —T he fol- lowing segments of the North For k San Jacinto River in the State of California, to be administered by the Secretary of Agriculture: ‘‘(A) The 2.12-mile segment from the source of the North Fork San Jacinto River at D eer Springs in M t. San Jacinto State P ark to the State Park boundary, as a wild river. ‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State Park boundary to the L awler Park boundary in section 26, township 4 south, range 2 east, San Bernardino meridian, as a scenic river. ‘‘(C) The 0.68-mile segment from the Lawler Park boundary to its confluence with Fuller Mill Creek, as a recreational river. ‘‘(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles upstream of the 5S0 9 road crossing, as a wild river. ‘‘( E ) The 0.6-mile segment from .25 miles upstream of the 5S09 road crossing to its confluence with Stone Creek, as a scenic river. ‘‘(F) The 2.91-mile segment from the Stone Creek con- fluence to the northern boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river. ‘‘(201) F U LLER MILL CREEK, CALIFORNIA.—The following seg- ments of Fuller Mill Creek in the State of California, to be adminis- tered by the Secretary of Agriculture: ‘‘(A) The 1.2-mile segment from the source of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San Bernardino meridian, as a scenic river. ‘‘(B) The 0.9-mile segment in the Pine Wood property, as a recreational river. ‘‘(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino meridian, to its confluence with the North Fork San Jacinto River, as a scenic river. ‘‘(202) PAL M CAN Y ON CREEK, CALIFORNIA.—The 8.1-mile seg- ment of Palm Canyon Creek in the State of California from the southern boundary of section 6, township 7 south, range 5 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 1, township 6 south, range 4 east, San Contrac t s.


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 123STA T . 1 068PUBLIC LA W 111 – 11 —M A R .30, 200 9Berna r di n om eridian ,t o b e admini s tered b y t h e S e c retary o fAg ri - c ul ture as a w ild ri v er, and the Secretary shall enter into a coo p era- tive management agreement with the Agua C aliente Band of Cahuilla I ndians to protect and enhance river values .‘ ‘ (203) B AUTIS TAC RE E K ,CA L I FO R N IA. —T he 9 . 8 -mile segment of Bautista Cree k in the State of California from the San Bernardino N ational F orest boundary in section 3 6, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river. ’ ’. SEC.1853 . AD D IT I ON S AND TEC H NICA L CO R RECTIONS TO SANTA ROSA AND SAN J ACINTO M O U NTAINS NATIONAL MONUMENT. (a) BOUN D AR Y AD J UST M ENT, SANTA R OSA AND SAN J A C INTO M OUNTAINS NATIONAL MONUMENT.—Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 ( P ublic L aw 106 – 3 5 1 11 4U .S.C. 1362; 16 U.S.C. 431 note) is amended by adding at the end the following new subsection ‘‘(e) EXP ANSION OF BOUNDARIES.—In addition to the land described in subsection (c), the boundaries of the National Monu- ment shall include the following lands identified as additions to the National Monument on the map titled ‘Santa Rosa-San Jacinto National Monument E x pansion and Santa Rosa W ilderness Addi- tion’, and dated March 12, 2008: ‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’. ‘‘(2) The ‘Snow Creek Area Monument Expansion’. ‘‘(3) The ‘Tah q uit z Peak Area Monument Expansion’. ‘‘(4) The ‘Southeast Area Monument Expansion’, which is designated as wilderness in section 512(d), and is thus incor- porated into, and shall be deemed part of, the Santa Rosa Wilderness.’’. (b) TEC H NICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.—Section 7 (d) of the Santa Rosa and San Jacinto Mountains National Monu- ment Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a ma j ority of the appointed’’. Subti t leM— Se q u o i a a ndK in gsC an y on N ational P a rk s W ilderness , Cali f ornia SEC. 1 90 1. DE F INITIONS. In this subtitle: (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (2) STATE.—The term ‘‘State’’ means the State of California. SEC. 190 2 . DESI G NATION OF W ILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) JOHN KRE B S W ILDERNESS.— (A) D ESI G NATION.—Certain land in Sequoia and K ings Canyon National Parks, comprising approximately 39,740 16USC 11 32note.


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 123STA T . 1 069PUBLIC LA W 111 – 11 —M A R .30, 2009 acresofl a nd, and 130 acres of p o t ent i al w ilderness addi - tions as g enerall y depicted on t h e m apn u m b ered 10 2/6 001 4 b, titled ‘ ‘ J ohn K rebs W ilderness ’ ’, and dated S ep- tember 16, 200 8.(B)EF F ECT . —N othing in this paragraph affects— (i) the cabins in, and ad j acent to, M ineral King V alley or (ii) the pri v ate inholdings k nown as ‘‘Silver C ity’’ and ‘‘Kaweah H an’’. (C) PO TE N T IALW IL D E R NE S S ADDITIONS.— T he designa- tion of the potential wilderness additions under subpara- graph ( A ) shall not prohibit the operation, maintenance, and repair of the small check dams and water impound- ments on L ower F ranklin Lake, Crystal Lake, U pper Mon- arch Lake, and Eagle Lake. The Secretary is authori z ed to allow the use of helicopters for the operation, mainte- nance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The potential wilderness additions shall be designated as wilderness and incorporated into the John Krebs Wilderness established by this section upon termination of the non-conforming uses. (2) SE QU OIA- K IN G S CAN Y ON WILDERNESS ADDITION.—Certain land in Se q uoia and Kings Canyon National Parks, California, comprising appro x imately 4 5 ,186 acres as generally depicted on the map titled ‘‘Sequoia-Kings Canyon Wilderness Addition’’, numbered 102/60015a, and dated March 10, 2008, is incor- porated in, and shall be considered to be a part of, the Sequoia- Kings Canyon Wilderness. (3) R ECO M MENDED WILDERNESS.—Land in Sequoia and Kings Canyon National Parks that was managed as of the date of enactment of this Act as recommended or proposed wilderness but not designated by this section as wilderness shall continue to be managed as recommended or proposed wilderness, as appropriate. SEC.1903 . ADMIN IS TR ATI O NO FW I L DERNESS AREAS. (a) I N G ENERAL.—Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference 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. (b) MA P AND LEGAL D ESCRIPTION.— (1) SU B MISSION OF MAP AND LEGAL DESCRIPTION.—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 each area designated as wilderness by this subtitle with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) FORCE AND EFFECT.—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 Deadlin e .16USC 11 32 n ot e.


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 123STA T . 1 07 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9cor r e c tany c l er i cal or ty p o g rap h ical error in the m ap or legal d e s cription .(3)PUBLICAV AILABILI TY . —T he map and legal description f iled u nder paragraph ( 1 ) shall b eonfileanda v ailable for public inspection in the O ffice of the S ecretary. (c) H Y DRO LO G IC ,ME TEOROLOGIC, A N D C LI M ATOLOGICAL D EVICE S , F ACILITIES, AND A SSOCIATED EQ UI P MENT.—The Secretary shall continue to manage maintenance and access to hydrologic, meteorologic, and climatological devices, facilities and associated e q uipment consistent w ith House R eport 98–40 . (d) AUT H ORI Z ED ACTIVITIES OUTSIDE W ILDERNESS.— N othing in this subtitle precludes authori z ed activities conducted outside of an area designated as wilderness by this subtitle by cabin owners (or designees) in the Mineral K ing V alley area or property owners or lessees (or designees) in the Silver City inholding, as identified on the map described in section 190 2 (1)(A). (e) HORSEBAC K RIDING.—Nothing in this subtitle precludes horsebac k riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this subtitle— (1) in accordance with section 4(d)( 5 ) of the Wilderness Act (1 6U .S.C. 1133(d)(5)) and (2) sub j ect to any terms and conditions determined to be necessary by the Secretary. SEC.1904 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. Subti t leN—RockyM ou n t a in National P a r k W il d erne s s ,C olorado SEC. 19 5 1. D EFINITIONS. I n this subtitle (1) MAP.—The term ‘ ‘map ’ ’ means the map entitled ‘‘Rocky Mountain National Park Wilderness Act of 200 7 ’’ and dated September 2006. (2) PARK.—The term ‘‘Park’’ means Rocky Mountain National Park located in the State of Colorado. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (4) TRAIL.—The term ‘‘Trail’’ means the East Shore Trail established under section 1954(a). (5) WILDERNESS.—The term ‘‘Wilderness’’ means the wilder - ness designated by section 1952(a). SEC. 195 2 . ROC KYM OUNTAIN NATIONA L PARK W ILDERNESS , COLO - RADO. (a) DESIGNATION.—In furtherance of the purposes of the Wilder- ness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System appro x imately 249,339 acres of land in the Park, as generally depicted on the map. (b) MAP AND B OUNDARY DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall— 16USC 11 32note.


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 123STA T . 1 07 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)pre p a rea m apa ndbou ndar y de sc r i p t ion o f t h e W i l derness and ( B ) submit the map and boundary description prepared under subpara g raph (A) to the C ommittee on E nergy and N atural R esources of the S enate and the Committee on Natural Resources of the H ouse of Representati v es . ( 2 )A VAIL A B ILI TY FORCE OF LA W. —T he map and boundary description submitted under paragraph ( 1 )(B) shall— (A) be on file and available for public inspection in appropriate offices of the National P ar k Service; and (B) have the same force and effect as if included in this subtitle. (c) IN CL US ION OF POTENTIAL WIL D ERNESS.— (1) IN G ENERAL.— O n publication in the F ederal Register of a notice by the Secretary that all uses inconsistent w ith the Wilderness Act (1 6U .S.C. 11 3 1etse q .) have ceased on the land identified on the map as a ‘ ‘Potential Wilderness Area ’ ’, the land shall be— (A) included in the Wilderness; and (B) administered in accordance with subsection (e). (2) BOUNDARY DESCRI P TION.—On inclusion in the Wilder - ness of the land referred to in paragraph (1), the Secretary shall modify the map and boundary description submitted under subsection (b) to reflect the inclusion of the land. (d) E X CLUSION OF CERTAIN L AND.—The following areas are specifically e x cluded from the Wilderness (1) The G rand River D itch (including the main canal of the Grand River Ditch and a branch of the main canal known as the Specimen Ditch), the right-of-way for the Grand River Ditch, land 2 0 0 feet on each side of the center line of the Grand River Ditch, and any associated appurtenances, struc- tures, buildings, camps, and work sites in existence as of J une 1,1 9 9 8 . (2) Land owned by the St. V rain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from North St. Vrain Creek, com- prising approximately 3 5 .38 acres. (3) Land owned by the Wincenstsen-Harms Trust, com- prising approximately 2. 7 5 acres. ( 4 ) Land within the area depicted on the map as the ‘‘East Shore Trail Area’’. (e) AD M INISTRATION.—Sub j ect to valid existing rights, any land designated as wilderness under this section or added to the Wilder- ness after the date of enactment of this Act under subsection (c) shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that— (1) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act, or the date on which the additional land is added to the Wilder- ness, respectively; and (2) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (f) WATER RIG H TS.— (1) FINDINGS.—Congress finds that— Ef f ectiv e da te .F ede r a lR e g i s ter ,pub licati on . N otice. 16USC 11 32 note.


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 123STA T . 1 07 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)theUni te dS t a te s has e x istin gr ights t ow ater within the P ar k; ( B ) the existing water rights are s uf fi c ient for the p urposes of the W i l derness; and ( C ) b ased on the findings described in subparagraphs (A) and (B) , there is no need for the United States to reser v e or appropriate an y additional water rights to fulfill the purposes of the Wilderness . ( 2 ) EF F ECT . —N othing in this subtitle— (A) constitutes an express or i m plied reservation by the United States of water or water rights for any purpose; or (B) modifies or otherwise affects any existing water rights held by the United States for the Park. (g) FIR E, INS ECT, A N DD ISEASE C O NTRO L .— T he Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, as are provided for in accordance with— ( 1 ) the laws applicable to the Park; and (2) the Wilderness Act (1 6 U.S.C. 11 3 1etse q .). SEC.1953 . GRAND R IV ER DI T C H AND C OL ORADO -B IG THO MP SON PRO J ECTS. (a) CONDITIONAL WAI V ER OF STRICT L IA B ILIT Y .—During any period in which the Water Supply and Storage Company (or any successor in interest to the company with respect to the G rand R iver Ditch) operates and maintains the portion of the Grand River Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of para - graph (6) of the stipulation approved J une 2 8 ,1 907 — (1) shall be suspended; and (2) shall not be enforceable against the Company (or any successor in interest). (b) A G REE M ENT.—The agreement referred to in subsection (a) shall— (1) ensure that— (A) Park resources are managed in accordance with the laws generally applicable to the Park, including— (i) the Act of January 26, 191 5 (16 U.S.C. 191 et seq.); and (ii) the National Park Service O rganic Act (16 U.S.C. 1 et seq.); (B) Park land outside the right-of-way corridor remains unimpaired consistent with the National Park Service management policies in effect as of the date of enactment of this Act; and (C) any use of Park land outside the right-of-way cor- ridor (as of the date of enactment of this Act) shall be permitted only on a temporary basis, sub j ect to such terms and conditions as the Secretary determines to be necessary; and (2) include stipulations with respect to— (A) flow monitoring and early warning measures; (B) annual and periodic inspections; (C) an annual maintenance plan; (D) measures to identify on an annual basis capital improvement needs; and


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 123STA T . 1 07 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(E)thed e v e lopm e n to f pl a n s to add r ess the needs i dentified u nder su b para g raph ( D ) . ( c ) LIM I TA TI ON . —N othing in this section limits or other w ise affects— ( 1 ) the liabilit y of any individual or entity for damages to , loss of, or in j ury to any resource within the P ar k resulting from any cause or event that occurred before the date of enact - ment of this A ct or ( 2 ) Public Law 1 0 1 –3 3 7 (1 6U . S . C . 1 9 jjetse q .), including the defenses available under that Act for damage caused— (A) solely by— (i) an act of G od; (ii) an act of war; or (iii) an act or omission of a third party (other than an employee or agent); or ( B ) by an activity authori z ed by F ederal or State law. (d) CO L O R A D O-BI GTH OM PS ON PRO JEC T AND W IND Y GAP PROJECT.— (1) I N GENERAL.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of J anuary 26, 191 5 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado–Big Thompson Project facilities located within the Park. (2) AL V A B. ADAMS T U NNEL.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose. (e) R IGHT-O F -WAY.—Notwithstanding the Act of M arch 3, 1 8 91 ( 4 3 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of way for the Grand River Ditch shall not be terminated, forfeited, or otherwise affected as a result of the water transported by the Grand River Ditch being used primarily for domestic pur- poses or any purpose of a public nature, unless the Secretary determines that the change in the main purpose or use adversely affects the Park. (f) NE W RECLAMATION PROJECTS.—Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project notine x istence as of the date of enactment of this Act. (g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in this section reduces or limits the authority of the Secretary to manage land and resources within the Park under applicable law. SEC.1954 .E A S T S HOR E TRA IL AREA. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall establish within the East Shore Trail Area in the Park an alignment line for a trail, to be known as the ‘ ‘East Shore Trail ’ ’, to maximize the opportunity for sustained use of the Trail without causing— (1) harm to affected resources; or (2) conflicts among users. (b) BOUNDARIES.— (1) IN GENERAL.—After establishing the alignment line for the Trail under subsection (a), the Secretary shall— Deadlin e . De t e rm inati o n.


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 123STA T . 1 074PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)ident i fy t h e bou nd ar ie s of the T rai l,w hi c h shall not e x tend m ore than 25 feet east of the ali g nment line or be located within the W ilderness and ( B ) modify the ma p of the Wilderness prepared under section 19 52(b)(1)(A) so that the western boundary of the Wilderness is 5 0 feet east of the alignment line . (2) A DJUSTMEN TS. — To the extent necessary to protect P ar k resources, the S ecretary may ad j ust the boundaries of the Trail, if the adjustment does not place any portion of the Trail within the boundary of the Wilderness. (c) I N CL US IO N IN WILDE R NESS.— O n completion of the construc - tion of the Trail, as authori z ed by the Secretary— (1) any portion of the E ast Shore Trail Area that is not tra v ersed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall be— (A) included in the Wilderness; and (B) managed as part of the Wilderness in accordance with section 1952; and (2) the Secretary shall modify the map and boundary description of the Wilderness prepared under section 1952(b)(1)(A) to reflect the inclusion of the East Shore Trail Area land in the Wilderness. (d) E F FECT.— N othing in this section— (1) re q uires the construction of the Trail along the align- ment line established under subsection (a); or (2) limits the extent to which any otherwise applicable law or policy applies to any decision with respect to the construction of the Trail. (e) R EL A TION TO L AND OUTSIDE WILDERNESS.— (1) IN G ENERAL.—Except as provided in this subsection, nothing in this subtitle affects the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land. (2) M OTORI Z ED V E H ICLES AND MACHINER Y .—No use of motorized vehicles or other motorized machinery that was not permitted on March 1, 200 6, shall be allowed in the East Shore Trail Area except as the Secretary determines to be necessary for use in— (A) constructing the Trail, if the construction is author- ized by the Secretary; or (B) maintaining the Trail. ( 3 ) MANAGEMENT OF LAND B EFORE INCLUSION.— U ntil the Secretary authorizes the construction of the Trail and the use of the Trail for non-motorized bicycles, the East Shore Trail Area shall be managed— (A) to protect any wilderness characteristics of the East Shore Trail Area; and (B) to maintain the suitability of the East Shore Trail Area for inclusion in the Wilderness. SEC.195 5. NATIO NA LF O R EST AREA B O U N D AR Y AD J UST M ENTS. (a) INDIAN PEA K S WILDERNESS BOUNDARY ADJUSTMENT.—Sec- tion 3(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S. C . 1132 note; Public Law 95 –4 50) is amended— 16USC 11 32note.


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 123STA T . 1 075PUBLIC LA W 111 – 11 —M A R .30, 200 9(1)bystrik i ng‘ ‘s ev enty t hou s a n d a c res ’ ’ and inserting ‘‘ 74, 1 95 acres’’ and ( 2 ) by striking ‘‘, dated J u l y 197 8 ’’ and inserting ‘‘and dated M ay2 0 07’’ . (b) ARAP A HON A TI O N A LREC REATION AREA B O U N D AR Y AD J U S T -M ENT. —S ection 4(a) o f the I ndian P eaks W ilderness Area, the Ara p aho National Recreation Area and the O regon Islands Wilder- ness Area Act (1 6U .S. C . 460 j j(a)) is a m ended— (1) by striking ‘‘thirty-si x thousand t w o hundred thirty- five acres’’ and inserting ‘‘ 3 5,235 acres’’; and (2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and dated May 2007’’. SEC.1956 . AUTHORI T Y TO L EASE LEI F FER TRACT. (a) IN G ENERAL.—Section 3(k) of Public L aw 91 – 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land described in subsection (b). (b) D ESCRIPTION O F THE LAND.— T he parcel of land referred to in subsection (a) is the parcel of land known as the ‘‘Leiffer tract’’ that is— (1) located near the eastern boundary of the Park in Larimer County, Colorado; and (2) administered by the National Park Service. Subti t leO—Wash i ng t o n C ount y,U tah SEC. 19 7 1. D EFI N ITIONS. In this subtitle (1) BEA V ER DAM W ASH NATIONAL CONSERVATION AREA MAP.—The term ‘‘Beaver Dam Wash National Conservation Area Map’’ means the map entitled ‘‘Beaver Dam Wash National Conservation Area’’ and dated December 18, 2008. (2) CANAAN MOUNTAIN WILDERNESS MAP.—The term ‘‘Canaan Mountain Wilderness Map’’ means the map entitled ‘‘Canaan Mountain Wilderness’’ and dated June 21, 2008. (3) COUNTY.—The term ‘‘County’’ means Washington County, Utah. (4) NORTHEASTERN WASHIN G TON COUNTY WILDERNESS MAP.—The term ‘‘Northeastern Washington County Wilderness Map’’ means the map entitled ‘‘Northeastern Washington County Wilderness’’ and dated November 12, 2008. (5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS MAP.—The term ‘‘Northwestern Washington County Wilderness Map’’ means the map entitled ‘‘Northwestern Washington County Wilderness’’ and dated June 21, 2008. (6) RED CLIFFS NATIONAL CONSERVATION AREA MAP.—The term ‘‘Red Cliffs National Conservation Area Map’’ means the map entitled ‘‘Red Cliffs National Conservation Area’’ and dated November 12, 2008. (7) SECRETARY.—The term ‘‘Secretary’’ means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (8) STATE.—The term ‘‘State’’ means the State of Utah. 16USC4 6 0w ww note.Ap p licab ilit y .


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 123STA T . 1 076PUBLIC LA W 111 – 11 —M A R .30, 200 9(9)WASHINGTO N C O U NT Y G R O W TH AN D CONS E R V ATION ACT M A P.—Thet e rm‘ ‘W as h ing t o n C o u nt yG ro w th an d Conser v ation Ac t M a p’ ’ means the map entit l ed ‘‘Washington County Growth and Conservation Act Map’’ and dated N ovem b er 13,20 0 8 . SEC.1972 . WILD E RN ESS A REAS. (a) ADDITIONS TO NATIONA L WILDERNESS P RESERVATION S YSTEM.— (1) ADDITIONS.—Sub j ect to valid e x isting rights, the f ol - lowing land in the State is designated as wilderness and as components of the National Wilderness Preservation System (A) B EARTRAP CANYON.—Certain F ederal land managed by the Bureau of L and Management, comprising approxi- mately 4 0 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be k nown as the ‘‘Beartrap Canyon Wilderness’’. (B) BLAC K RIDGE.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 13,01 5 acres, as generally depicted on the North- eastern Washington County Wilderness Map, which shall be known as the ‘‘Blackridge Wilderness’’. (C) CANAAN MOUNTAIN.—Certain Federal land in the County managed by the Bureau of Land Management, comprising approximately 44,531 acres, as generally depicted on the Canaan Mountain Wilderness Map, which shall be known as the ‘‘Canaan Mountain Wilderness’’. ( D ) COTTONWOOD CANYON.—Certain Federal land man- aged by the Bureau of Land Management, comprising approximately 11, 7 12 acres, as generally depicted on the R ed Cliffs National Conservation Area Map, which shall be known as the ‘‘Cottonwood Canyon Wilderness’’. ( E ) COTTONWOOD F OREST.—Certain Federal land man- aged by the Forest Service, comprising approximately 2, 6 43 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the ‘‘Cottonwood Forest Wilderness’’. (F) COUGAR CANYON.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 10,409 acres, as generally depicted on the North- western Washington County Wilderness Map, which shall be known as the ‘‘Cougar Canyon Wilderness’’. (G) DEEP CREEK.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 3,284 acres, as generally depicted on the North- eastern Washington County Wilderness Map, which shall be known as the ‘‘Deep Creek Wilderness’’. ( H ) DEEP CREEK NORTH.—Certain Federal land man- aged by the Bureau of Land Management, comprising approximately 4,262 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘‘Deep Creek North Wilderness’’. ( I ) DOC’S PASS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,294 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the ‘‘Doc’s Pass Wilderness’’. 16USC 11 32note.


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 123STA T . 1 07 7 PUBLIC LA W 111 – 11 —M A R .30, 200 9(J)GO O SECR EE K.—CertainF e d era l land m ana g ed by t h e Bu reau ofL and M anagement ,c om p ri s ing appro x i - mately 98 acres, as generally depicted on the N ortheastern W ashington County Wilderness Map, w hich shall be k nown as the ‘ ‘Goose Creek Wilderness ’ ’. ( K )L AV ERK IN CREEK.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 4 4 5 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘‘La V erkin Creek Wilderness’’. (L) R E DBUT TE.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 1 ,5 37 acres, as generally depicted on the North- eastern Washington County Wilderness Map, which shall be known as the ‘‘Red Butte Wilderness’’. (M) RED M OUNTAIN.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 18,7 2 9 acres, as generally depicted on the Red Cliffs National Conser v ation A rea Map, which shall be known as the ‘‘Red Mountain Wilderness’’. (N) SL AU GH TER CREEK.—Certain Federal land man- aged by the Bureau of Land Management, comprising approximately 3,9 0 1 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the ‘‘Slaughter Creek Wilderness’’. ( O ) T A Y LOR CREEK.—Certain Federal land managed by the Bureau of Land Management, comprising approxi- mately 32 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘‘Taylor Creek Wilderness’’. (2) MA P S AND LEGAL DESCRIPTIONS.— (A) I N GENERAL.—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 Representatives a map and legal description of each wilderness area designated by paragraph (1). (B) FORCE AND E F FECT.—Each map and legal descrip- tion submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (C) AVAILABILITY.—Each map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of— (i) the Bureau of Land Management and (ii) the Forest Service. (b) ADMINISTRATION OF WILDERNESS AREAS.— (1) MANAGEMENT.—Sub j ect to valid existing rights, each area designated as wilderness by subsection (a)(1) shall be administered by the Secretary in accordance with the Wilder- ness Act (1 6U .S.C. 1131 et se q .), 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


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 123STA T . 1 078PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)anyref eren c e i n th e W i ld erne s s A ctt o the S ec - retary of A g ric u lture shall b e considered to be a reference to the Secretary that has j urisdiction o v er the land . ( 2 ) LIVESTOCK . —T he gra z ing of livestoc k in each area des- ignated as w ilderness by subsection (a)( 1 ) , where established before the date of enact m ent of this Act, shall be p ermitted to continue— (A) subject to such reasonable regulations, policies, and practices that the Secretary considers necessary and (B) in accordance with— (i) section 4 (d)(4) of the Wilderness Act (1 6U .S. C . 11 3 3(d)(4)); and (ii) the guidelines set forth in Appendi x Aofthe 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 Congress (H.Rep. 101 – 405) and H.R. 54 8 7ofthe 9 6th Congress (H. Rept. 96–617). (3) WI LDF I R E,I N SECT, A ND DISEASE M ANA G EMENT.—In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each area designated as wilderness by subsection (a)(1) as the Sec- retary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency). (4) B U FFER Z ONES.— (A) IN GENERAL.— N othing in this section creates a protective perimeter or buffer zone around any area des- ignated as wilderness by subsection (a)(1). (B) ACTIVITIES OUTSIDE W ILDERNESS.—The fact that an activity or use on land outside any area designated as wilderness by subsection (a)(1) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness. (5) M ILITAR Y OVERFLIG H TS.—Nothing in this section restricts or precludes— (A) low-level overflights of military aircraft over any area designated as wilderness by subsection (a)(1), including military overflights that can be seen or heard within any wilderness area; (B) flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over any wilderness area. (6) AC Q UISITION AND INCOR P ORATION OF LAND AND INTERESTS IN LAND.— (A) ACQUISITION AUTHORITY.—In accordance with applicable laws (including regulations), the Secretary may ac q uire any land or interest in land within the boundaries of the wilderness areas designated by subsection (a)(1) by purchase from willing sellers, donation, or exchange. (B) INCORPORATION.—Any land or interest in land acquired by the Secretary under subparagraph (A) shall be incorporated into, and administered as a part of, the wilderness area in which the land or interest in land is located.


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 123STA T . 1 079PUBLIC LA W 111 – 11 —M A R .30, 2009 (7)NATIVE A M E R I C A N C UL TURAL AN D RELI G I O U S USES .— N othing in thi s s ec tion d i m inishes— ( A ) the r ights o fa n yI ndian tri b e or ( B ) any triba l rights regarding access to F ederal land for tribal acti v ities , incl u ding s p iritual, cultural, and tradi - tional food-gathering activities. ( 8 ) C LIMATOLOGICAL DATA COLLECTION.—In accordance w ith the W ilderness Act ( 16U . S .C. 11 3 1etse q .) and sub j ect to such terms and conditions as the Secretary may prescribe, the Secretary may authori z e the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by subsection (a)(1) if the Secretary determines that the facilities and access to the facili- ties are essential to flood warning, flood control, or water res- ervoir operation activities. ( 9 ) WATER RIG H TS.— (A) STATUTOR Y CONSTRUCTION.—Nothing in this sec- tion— (i) shall constitute or be construed to constitute either an e x press or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by subsection (a)(1); (ii) shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; (iii) shall be construed as establishing a precedent with regard to any future wilderness designations; (iv) shall affect the interpretation of, or any des- ignation made pursuant to, any other Act; or (v) shall be construed as limiting, altering, modi- fying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States. (B) STATE W ATER LAW.— T he Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by subsection (a)(1). (1 0 ) FISH AND WILDLI F E.— (A) J URISDICTION OF STATE.—Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State. (B) AUTHORITY OF SECRETARY.—In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife popu- lations (including activities to maintain and restore fish and wildlife habitats to support the populations) in any wilderness area designated by subsection (a)(1) if the activi- ties are— (i) consistent with applicable wilderness manage- ment plans; and (ii) carried out in accordance with— (I) the Wilderness Act (16 U.S.C. 1131 et seq.); and Det e rmina ti o n .


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 123STA T . 1 08 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9(I I )ap p lic a b l egu i d eli n e s and p o licies , including applicable policies desc r ibed in A ppendi xB o fH ouse R epor t10 1 –4 0 5. (11) WILD LI FEWAT E R DE V EL OPM E N T PRO J E C T S . —S ub j ect to paragrap h (1 2 ), the Secretar ym ay authori z e structures and facilities, including existing structures and facilities, for w ildlife water de v elopment projects, including guzzlers, in the wilder - ness areas designated by subsection (a)(1) if— (A) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations and (B) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (12) C OOPERATIVE A G REEMENT.— N ot later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the State that specifies the terms and conditions under which wildlife management activi- ties in the wilderness areas designated by subsection (a)(1) may be carried out. (c) RELEASE OF WILDERNESS ST U D Y AREAS.— (1) F INDING.—Congress finds that, for the purposes of sec- tion 6 0 3 of the Federal L and P olicy and M anagement Act of1 97 6 (43 U .S.C. 17 8 2), the public land in the County adminis- tered by the Bureau of Land Management has been ade q uately studied for wilderness designation. (2) RELEASE.—Any public land described in paragraph (1) that is not designated as wilderness by subsection (a)(1)— (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (B) shall be managed in accordance with applicable law and the land management plans adopted under section 202 of that Act (43 U.S.C. 1712). (d) T RANSFER OF ADMINISTRATIVE J URISDICTION TO NATIONAL PAR K SERVICE.—Administrative jurisdiction over the land identified as the Watchman Wilderness on the Northeastern Washington County Wilderness Map is hereby transferred to the National Par k Service, to be included in, and administered as part of Z ion National Park. SEC.1973 . ZION N AT IONA LP A RKW IL D ERNESS. (a) D EFINITIONS.—In this section (1) FEDERAL LAND.—The term ‘ ‘Federal land ’ ’ means certain Federal land— (A) that is— (i) located in the County and Iron County, Utah; and (ii) managed by the National Park Service; (B) consisting of approximately 124,406 acres; and (C) as generally depicted on the Zion National Park Wilderness Map and the area added to the park under section 1972(d). (2) WILDERNESS AREA.—The term ‘‘Wilderness Area’’ means the Zion Wilderness designated by subsection (b)(1). 16USC 11 32note. 16USC3 4 6 a– 6. D ea dli ne. Dete rm ination.


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 123STA T . 1 08 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(3)ZION N AT IONA LP A RKW IL DE RNE S S M AP .—Thet e rm‘ ‘Z ionNa tiona lP ar kW il d erne s s M a p’ ’ means the map entitled ‘‘Zion National Park Wilderness’’ and dated A pril 20 0 8 . ( b ) ZION NATIONAL PARK WILDERNESS.— ( 1 ) D ESI G NATION.— Su b j e c tto v alid e x istin g rights , the F ed - eral land is designated as w ilderness and as a component o f the National Wilderness Preservation S y stem, to be known as the ‘‘Zion Wilderness’’. (2) I N C ORPORATION O F AC QU IRED LAND.—Any land located in the Zion National Park that is ac q uired by the Secretary through a voluntary sale, exchange, or donation may, on the recommendation of the Secretary, become part of the Wilder- ness Area, in accordance with the Wilderness Act (1 6U .S. C . 1131 et seq.). (3) MAP AND LEGAL DESCRIPTION.— (A) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on E nergy and Natural R esources of the Senate and the Committee on Natural Resources of the H ouse of Representatives a map and legal description of the Wilderness Area. ( B ) FORCE AND EFFECT.—The map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (C) A V AILA B ILIT Y .—The map and legal description sub- mitted under subparagraph (A) shall be available in the appropriate offices of the National Park Service. SEC.1974 . R E D C LIF FS NAT I O NAL CONSER V ATION AREA. (a) PURPOSES.—The purposes of this section are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, edu- cational, and scientific resources of the National Conservation Area and (2) to protect each species that is— (A) located in the National Conservation Area; and (B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4 (c)(1) of the Endangered Species Act of 1 97 3 (16 U.S.C. 1 5 33(c)(1)). (b) DEFINITIONS.—In this section (1) HABITAT CONSERVATION PLAN.—The term ‘‘habitat con- servation plan’’ means the conservation plan entitled ‘‘Wash- ington County Habitat Conservation Plan’’ and dated February 23, 1996. (2) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1). (3) NATIONAL CONSERVATION AREA.—The term ‘‘National Conservation Area’’ means the Red Cliffs National Conservation Area that— (A) consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and 16USC4 6 0w ww .


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Page:United States Statutes at Large Volume 123.djvu/1102

 123STA T . 1 08 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)ise s tabl is h e d b y s u bse c ti on (c) . ( 4 ) PUBLIC U SEP L AN . —T he te rm‘ ‘ p ublic use plan ’ ’ means the use plan entitled ‘‘ R ed C li f fs D esert Reser v e Public U se Plan’’ and dated J une 12, 2 0 00, as amended. ( 5 ) RES O U R CE M ANA G EMEN T PLAN.—The term ‘‘resource mana g ement plan’’ means the management plan entitled ‘‘ S t. G eorge F ield O ffice Resource M anagement Plan’’ and dated March 15, 1 9 99, as amended. (c) E STABLIS H MENT.—Sub j ect to valid e x isting rights, there is established in the State the Red Cliffs N ational Conservation A rea. (d) MANAGEMENT PLAN.— (1) I N GENERAL.—Not later than 3 years after the date of enactment of this Act and in accordance w ith paragraph (2), the Secretary shall develop a comprehensive plan for the long - term management of the National Conservation Area. (2) CONSULTATION.—In developing the management plan re q uired under paragraph (1), the Secretary shall consult with— (A) appropriate State, tribal, and local governmental entities and (B) members of the public. (3) INCORPORATION O F PLANS.—In developing the manage- ment plan required under paragraph (1), to the extent con- sistent with this section, the Secretary may incorporate any provision of— (A) the habitat conservation plan; (B) the resource management plan; and (C) the public use plan. (e) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall manage the National Conservation Area— (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with— (i) the Federal L and Policy and Management Act of 19 76 (43 U.S.C. 1701 et seq.); (ii) this section; and (iii) any other applicable law (including regula- tions). (2) USES.—The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a). (3) MOTORI Z E DV EHICLES.—Except in cases in which motor- i z ed vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motor- ized vehicles. (4) GRAZING.—The grazing of livestoc k in the National Con- servation Area, where established before the date of enactment of this Act, shall be permitted to continue— (A) subject to— (i) such reasonable regulations, policies, and prac- tices as the Secretary considers necessary; and (ii) applicable law; and (B) in a manner consistent with the purposes described in subsection (a). Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1103

 123STA T . 1 08 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(5)WILD L AN D F I REOP ERA T ION S.—Nothing in thi s s ec tion pr ohi b its the S ecret a r y, in cooperation w ith other F e d era l , State, and local agencies, as appropriate, f ro m cond u cting wildland fire operations in the National C onser v ation A rea, consistent with the purposes of this section. (f) I N C ORPORATION OF AC QU IRED L AND AND INTERESTS.—Any land or interest in land that is located in the National Conservation Area that is ac q uired by the U nited States shall— ( 1 ) become part of the National Conservation Area and ( 2 ) be managed in accordance with— (A) the Federal Land P olicy and M anagement Act of 1 976 ( 43 U.S.C. 17 0 1 et seq.); ( B ) this section; and (C) any other applicable law (including regulations). (g) WIT H DRA W AL.— (1) IN G ENERAL.—Sub j ect to valid e x isting rights, all Fed - eral land located in the National Conservation Area are with- drawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) ADDITIONAL LAND.—If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. (h) E FFECT.—Nothing in this section prohibits the authori z ation of the development of utilities within the National Conservation Area if the development is carried out in accordance with— (1) each utility development protocol described in the habitat conservation plan; and (2) any other applicable law (including regulations). SEC.1975 . B E AV E RD A MW AS HN A TIO NA L CONSERVATION AREA. (a) PURPOSE.— T he purpose of this section is to conserve, pro- tect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cul- tural, historical, natural, educational, and scientific resources of the Beaver D am Wash National Conservation Area. (b) DEFINITIONS.—In this section (1) MANAGE M ENT PLAN.—The term ‘ ‘management plan ’ ’ means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1). (2) NATIONAL CONSER V ATION AREA.—The term ‘‘National Conservation Area’’ means the Beaver Dam Wash National Conservation Area that— (A) consists of approximately 6 8 ,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; and (B) is established by subsection (c). (c) ESTA B LISHMENT.—Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conserva- tion Area. (d) MANAGEMENT PLAN.— 16USC4 6 0x xx .


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Page:United States Statutes at Large Volume 123.djvu/1104

 123STA T . 1 084PUBLIC LA W 111 – 11 —M A R .30, 200 9(1)INGE NE RAL.—Notla t er t h a n3y ear s a f ter the d ate of ena c t m ent of th i s A ct and in accordance w ith p ara g raph ( 2 ), the S ecretary shall de v elop a comprehensive plan for the long - term management of the National C onservation Area. (2) C O N SU L T AT I ON.—In developing the management plan re qu ired under paragraph (1), the Secretary shall consult with— (A) appropriate State, tri b al, and local governmental entities and ( B ) members of the public. (3) M OTORI Z E DV E H I C LES.—In developing the management plan required under paragraph (1), the Secretary shall incor- porate the restrictions on motori z ed vehicles described in sub- section (e)(3). (e) MANAGE M ENT.— (1) IN GENERAL.— T he Secretary shall manage the National Conservation Area— (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with— (i) the F ederal L and P olicy and Management Act of1 976 ( 4 3 U .S.C. 17 0 1 et seq.); (ii) this section; and (iii) any other applicable law (including regula- tions). (2) USES.—The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a). (3) MOTORIZED VEHICLES.— (A) IN GENERAL.— Ex cept in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (B) ADDITIONAL RE Q UIREMENT RELATING TO CERTAIN AREAS LOCATED IN THE NATIONAL CONSERVATION AREA.— In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver D am W ash National Conservation Area Map as ‘ ‘Des- ignated R oad Areas ’ ’, motorized vehicles shall be permitted only on the roads identified on such map. (4) G RAZING.—The grazing of livestoc k in the National Con- servation Area, where established before the date of enactment of this Act, shall be permitted to continue— (A) sub j ect to— (i) such reasonable regulations, policies, and prac- tices as the Secretary considers necessary; and (ii) applicable law (including regulations); and (B) in a manner consistent with the purpose described in subsection (a). ( 5 ) WILDLAND F IRE O P ERATIONS.—Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section. Deadlin e .


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 123STA T . 1 085PUBLIC LA W 111 – 11 —M A R .30, 200 9(f)INCORP OR ATI ONO FA C QU IR EDL AND AND INTERE S TS .— A nyla n dori n te re s tinlandt h atislo c ated in the N ational C onser v ation Area that is ac qu ired b y the U nited S tates shall— ( 1 ) beco m e p art of the National Conservation Area and ( 2 ) be mana g ed in accordance w ith— (A) the F ederal Land P olicy and M anagement Act of 1 976 ( 43 U.S.C. 17 0 1 et seq.); ( B ) this section; and (C) any other applicable law (including regulations). (g) W IT H DRA W A L .— (1) IN G ENERAL.—Sub j ect to valid e x isting rights , all Fed - eral land located in the National Conservation Area is with- drawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) ADDITIONAL LAND.—If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. SEC.1976 . ZION N AT IONA LP A RKW IL D AND SCENIC RI V ER DESI G NA - TION. (a) D ESIGNATION.—Section 3(a) of the Wild and Scenic R ivers Act (16 U.S.C. 1274(a)) (as amended by section 1 85 2) is amended by adding at the end the following

‘(204) Z ION NATIONAL PAR K , UTAH.— T he approximately 165.5 miles of segments of the V irgin River and tributaries of the Virgin River across Federal land within and adjacent to Zion National Par k , as generally depicted on the map entitled ‘Wild and Scenic River Segments Zion National Park and Bureau of Land Management ’ and dated April 2008, to be administered by the Secretary of the Interior in the following classifications: ‘‘(A) TA Y LOR CREEK.—The 4.5-mile segment from the junction of the north, middle, and south forks of Taylor Creek, west to the park boundary and adjacent land rim- to-rim, as a scenic river. ‘‘(B) NORTH FORK OF TAYLOR CREEK.—The segment from the head of North Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river. ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The segment from the head of Middle Fork on Bureau of Land Manage- ment land to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river. ‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The segment from the head of South Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river. ‘‘( E )TI MB ER CREEK AND TRIBUTARIES.—The 3.1-mile segment from the head of Timber Creek and tributaries of Timber Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.


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 123STA T . 1 086PUBLIC LA W 111 – 11 —M A R .30, 200 9‘ ‘ (F)LAVERKINC REEK .—The16 .1 -mil e s e g me ntb egin- ning in T. 38S . ,R . 11 W ., se c. 2 1, o n Bur e a uo f Lan dM anagement land, south w est through Z ion N ational P ar k , and ending at the south end of T. 40 S., R. 12 W., sec. 7 ,andad j acent land 1⁄2 -mile wide, as a wild ri v er. ‘‘( G )WI L LI S CREEK.—The 1. 9 -mile segment beginning on Bureau of Land Management land in the SWSW sec. 27, T. 38 S., R. 11 W., to the junction with La V erkin C reek in Zion National Park and adjacent land rim-to- rim, as a wild river. ‘‘( H ) BEAR T RA P CAN YO N.—The 2.3-mile segment begin- ning on Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek and the segment from the headwaters north of Long Point to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river. ‘‘( I ) HOP VALLEY CREEK.—The 3.3-mile segment begin- ning at the southern boundar y ofT.39S., R.11W., sec. 20, to the junction with LaVerkin Creek and adjacent land 1⁄2-mile wide, as a wild river. ‘‘( J )C U RRENT CREEK.—The 1.4-mile segment from the head of Current Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river. ‘‘( K ) CANE CREEK.—The 0.6-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1⁄2-mile wide, as a wild river. ‘‘(L) S M IT H CREEK.—The 1.3-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1⁄2-mile wide, as a wild river. ‘‘(M) NORTH CREEK LE F TAN D RI G HT FORKS.—The seg- ment of the Left Fork from the junction with Wildcat Canyon to the junction with Right Fork, from the head of Right Fork to the junction with Left Fork, and from the junction of the Left and Right Forks southwest to Zion National Park boundary and adjacent land rim-to- rim, as a wild river. ‘‘(N) WILDCAT CANYON (B LUE CREEK ) .—The segment of Blue Creek from the Zion National Park boundary to the junction with the Right Fork of North Creek and adjacent land rim-to-rim, as a wild river. ‘‘( O ) LITTLE CREEK.—The segment beginning at the head of Little Creek to the junction with the Left Fork of North Creek and adjacent land 1⁄2-mile wide, as a wild river. ‘‘(P) RUSSELL GULCH.—The segment from the head of Russell Gulch to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a wild river. ‘‘( Q ) GRAPEVINE W ASH.—The 2.6-mile segment from the Lower Kolob Plateau to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a scenic river. ‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the junction with the left fork of North Creek and adjacent land 1⁄2-mile, as a scenic river. ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile segment from the head of Wolf S p rings Wash to the junction with Pine


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 123STA T . 1 087PUBLIC LA W 111 – 11 —M A R .30, 200 9SpringWash an d ad j a ce n tl and 1⁄2-m ile w ide , as a scenic ri v er .‘ ‘ (T)KOL O BCRE E K . — The 5 . 9 -mile segment of Kolo bC ree k beginning in T. 3 9 S., R . 10 W., sec. 30, thro u gh B ureau of L and M anagement land and Z ion N ational P ark land to the junction with the North F ork of the V irgin River and adjacent land rim-to-rim, as a wild river. ‘‘( U ) OA K CREEK.—The 1-mile stretch of Oak Creek beginning in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob Creek and adjacent land rim-to-rim, as a wild river. ‘‘(V) G OO S E CREEK.—The 4 . 6 -mile segment of Goose Creek from the head of Goose Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘(W) D EE P CREEK.—The 5.3-mile segment of Deep Creek beginning on Bureau of Land Management land at the northern boundar y ofT.39S., R.10W., sec. 2 3, south to the junction of the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘( X ) NOR THF ORK OF THE VI R G I N RIVER.—The 10. 8 - mile segment of the North Fork of the Virgin River begin- ning on Bureau of Land Management land at the eastern border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent land rim-to-rim, as a wild river. ‘‘( Y ) NORTH FORK OF THE VIRGIN RIVER.—The 8-mile segment of the North Fork of the Virgin River from Temple of Sinawava south to the Zion National Park boundary and adjacent land 1⁄2-mile wide, as a recreational river. ‘‘(Z) IM LA Y CANYON.—The segment from the head of Imlay Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘( A A) OR D ERVILLE CANYON.—The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘(BB) MYSTERY CANYON.—The segment from the head of Mystery Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘(CC) E CHO CANYON.—The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim- to-rim, as a wild river. ‘‘(DD) BEH U NIN CANYON.—The segment from the head of Behunin Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘(EE) H EAPS CANYON.—The segment from the head of Heaps Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river. ‘‘(FF) BIRCH CREEK.—The segment from the head of Birch Creek to the junction with the North Fork of the Virgin River and adjacent land 1⁄2-mile wide, as a wild river.


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 123STA T . 1 08 8 PUBLIC LA W 111 – 11 —M A R .30, 200 9‘ ‘ (G G )OAKCRE EK .—Thes e gm e ntof O akCr eek from the hea d of Oak Creek to w here the forks j o i n and adja c ent l and 1⁄2- mile wide , asawildri v er. ‘‘( H H) OAK CREEK.—The 1 -mile segment of Oak Creek from the p oint at which the 2 forks of Oak Creek join tothej u nction with the N orth F ork of the V irgin R iver and adjacent land 1⁄2-mile wide, as a recreational river. ‘‘( I I)C L EAR CREEK.—The 6 . 4 -mile segment of Clear Creek from the eastern b oundar y of Z ion National P ark to the junction with Pine Creek and adjacent land rim- to-rim, as a recreational river. ‘‘( J J)P IN E CREEK .—The 2-mile segment of Pine Creek from the head of Pine Creek to the junction with Clear Creek and adjacent land rim-to-rim, as a wild river. ‘‘( K K) PINE CREEK.—The 3 -mile segment of Pine Creek from the junction with Clear Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a recreational river. ‘‘( L L) E A STFO RKOFT H E V IR G IN RIVER.—The 8 -mile segment of the East Fork of the Virgin River from the eastern boundary of Zion National Park through Parunuweap Canyon to the western boundary of Zion National Park and adjacent land 1⁄2-mile wide, as a wild river. ‘‘( M M) S H U NES CREEK.—The 3-mile segment of Shunes Creek from the dry waterfall on land administered by the B ureau of Land Management through Zion National Park to the western boundary of Zion National Park and adjacent land 1⁄2-mile wide as a wild river. ’ ’. (b) INCOR P ORATION OF A C Q UIRE D NON-FEDERAL LAND.—If the U nited States ac q uires any non-Federal land within or adjacent to Zion National Park that includes a river segment that is contig- uous to a river segment of the Virgin River designated as a wild, scenic, or recreational river by paragraph (2 0 4) of section 3(a) of the W ild and Scenic Rivers Act (16 U.S.C. 12 7 4(a)) (as added by subsection (a)), the acquired river segment shall be incorporated in, and be administered as part of, the applicable wild, scenic, or recreational river. (c) SAVINGS CLAUSE.—The amendment made by subsection (a) does not affect the agreement among the United States, the State, the Washington County Water Conservancy D istrict, and the Kane County Water Conservancy District entitled ‘‘Zion National Park Water Rights Settlement Agreement’’ and dated December 4, 1 9 96. SEC.197 7. WA S HINGTO NCO U NT Y CO MPR EHENSI V E TRAVE L AN D TRANSPORTATION MANAGEMENT PLAN. (a) DEFINITIONS.—In this section (1) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. (2) SECRETARY CONCERNED.—The term ‘‘Secretary con- cerned’’ means— (A) with respect to land managed by the Bureau of Land Management, the Secretary and (B) with respect to land managed by the Forest Service, the Secretary of Agriculture. (3) TRAIL.—The term ‘‘trail’’ means the High Desert Off- Highway Vehicle Trail designated under subsection (c)(1)(A). 16USC 1 274note. 16 USC 1274 note.


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 123STA T . 1 089PUBLIC LA W 111 – 11 —M A R .30, 2009 (4)TRAVELM A N A G EMEN TP LAN .— T het e rm‘ ‘tr av e l ma n a g e - ment p lan ’ ’ mean s the co mprehens i ve travel an d transportation management plan developed u nder su b section (b)( 1 ). (b) CO MPRE H EN SI VE TRAVEL AN D TRANSPORTATION M ANAGE- MENT P LAN.— (1) I N GENERAL.— N ot later than 3y ears a f ter the date of enactment of this A ct , in accordance w ith the F ederal L and Policy and Management Act of 1 976 (43 U . S .C. 17 0 1etse q .) and other applicable laws (including regulations), the Secretary, in consultation with appropriate Federal agencies and State, tribal, and local governmental entities, and after an opportunity for public comment, shall develop a comprehensive travel management plan for the land managed by the B ureau of Land Management in the County— (A) to provide to the public a clearly mar k ed network of roads and trails with signs and maps to promote— (i) public safety and awareness and (ii) enhanced recreation and general access opportunities; (B) to help reduce in the County growing conflicts arising from interactions between— (i) motori z ed recreation; and (ii) the important resource values of public land; (C) to promote citizen-based opportunities for— (i) the monitoring and stewardship of the trail; and (ii) trail system management; and ( D ) to support law enforcement officials in promoting— (i) compliance with off-highway vehicle laws (including regulations); and (ii) effective deterrents of abuses of public land. ( 2 )S C OPE; CONTENTS.—In developing the travel manage- ment plan, the Secretary shall— (A) in consultation with appropriate Federal agencies, State, tribal, and local governmental entities (including the County and St. G eorge City, Utah), and the public, identify 1 or more alternatives for a northern transpor- tation route in the County; (B) ensure that the travel management plan contains a map that depicts the trail; and (C) designate a system of areas, roads, and trails for mechanical and motorized use. (c) DESIGNATION O F TRAIL.— (1) DESIGNATION.— (A) IN GENERAL.—As a component of the travel management plan, and in accordance with subparagraph (B), the Secretary, in coordination with the Secretary of Agriculture, and after an opportunity for public comment, shall designate a trail (which may include a system of trails)— (i) for use by off-highway vehicles; and (ii) to be known as the ‘‘ H igh Desert O ff-Highway V ehicle Trail’’. (B) R E QU IREMENTS.—In designating the trail, the Sec- retary shall only include trails that are— (i) as of the date of enactment of this Act, author- ized for use by off-highway vehicles; and Deadlin e .


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 123STA T . 1 09 0 PUBLIC LA W 111 – 11 —M A R .30, 2009 (i i )located o n land t h ati sm ana g ed by the Bur eau o fL and M anagement in the C ounty . (C) NATION A LF O RES T LAN D . —T he S ecretary of A gri - culture , in coordination w ith the Secretary and in accord- ance with a p plicable law, may designate a portion of the trail on National F orest System land within the County. ( D )MA P .—A map that depicts the trail shall be on file and a v ailable for public inspection in the appropriate offices of— (i) the Bureau of Land Management and (ii) the Forest Service. ( 2 ) MANA G E M ENT.— (A) I N GENERAL.—The Secretary concerned shall man- age the trail— (i) in accordance with applicable laws (including regulations); (ii) to ensure the safety of citi z ens who use the trail; and (iii) in a manner by which to minimize any damage to sensitive habitat or cultural resources. (B) MONITORING; E V AL U ATION.—To minimize the impacts of the use of the trail on environmental and cul- tural resources, the Secretary concerned shall— (i) annually assess the effects of the use of off- highway vehicles on— (I) the trail; and (II) land located in pro x imity to the trail; and (ii) in consultation with the U tah Department of Natural R esources, annually assess the effects of the use of the trail on wildlife and wildlife habitat. (C) CLOSURE.—The Secretary concerned, in consulta- tion with the State and the County, and sub j ect to subpara- graph (D), may temporarily close or permanently reroute a portion of the trail if the Secretary concerned determines that— (i) the trail is having an adverse impact on— (I) wildlife habitats; (II) natural resources; (III) cultural resources; or (I V ) traditional uses; (ii) the trail threatens public safety; or (iii) closure of the trail is necessary— (I) to repair damage to the trail; or (II) to repair resource damage. (D) REROUTING.—Any portion of the trail that is tempo- rarily closed by the Secretary concerned under subpara- graph (C) may be permanently rerouted along any road or trail— (i) that is— (I) in existence as of the date of the closure of the portion of the trail; (II) located on public land; and (III) open to motorized use; and (ii) if the Secretary concerned determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail. Deadlin e s.A ssess m en t s.


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Page:United States Statutes at Large Volume 123.djvu/1111

 123STA T . 1 09 1 PUBLIC LA W 111 – 11 —M A R .30, 2009 (E)NOTICE O FAV AI L A B LE R O U TE S.—TheS e cr e ta r y,in c o or d ination w ith the Secretary o fAg ric ul ture, s hall ensure that v isitors to the trail have access to ade q uate notice relating to the availa b ility of trail routes through— (i) the p lace m ent of appropriate signage along the trail and (ii) the distribution of maps, safety education mate - rials, and other information that the Secretary con- cerned determines to be appropriate. ( 3 ) EFFECT.—Nothing in this section affects the ownership, management, or other rights relating to any non- F ederal land (including any interest in any non-Federal land). SEC.1978 . LAND D I S PO SAL AND AC QU ISI T ION. (a) ING ENERAL.— C onsistent with applicable law, the Secretary of the Interior may sell public land located within W ashington County, U tah, that, as of J uly 25 ,2 0 00, has been identified for disposal in appropriate resource management plans. (b) USE OF P ROCEE D S.— ( 1 )IN G ENERAL.—Notwithstanding any other provision of law (other than a law that specifically provides for a portion 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 to be k nown as the ‘ ‘Washington County, Utah L and Acquisition Account ’ ’. (2) AVAILABILIT Y .— (A) IN GENERAL.—Amounts in the account shall be available to the Secretary, without further appropriation, to purchase from willing sellers lands or interests in land within the wilderness areas and National Conservation Areas established by this subtitle. ( B )A P PLICABILITY.—Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law. SEC. 1979. M ANA G EMENT O F P R IORIT YB IOLOGICAL AREAS. (a) IN GENERAL.—In accordance with applicable Federal laws (including regulations), the Secretary of the Interior shall— (1) identify areas located in the County where biological conservation is a priority; and (2) undertake activities to conserve and restore plant and animal species and natural communities within such areas. (b) GRANTS; COOPERATIVE AGREE M ENTS.—In carrying out sub- section (a), the Secretary of the Interior may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the areas. SEC. 198 0 . PUBLIC PURPOSE CON V EYANCES. (a) IN GENERAL.—Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and M anagement Act of 1 976 ( 4 3 U.S.C. 1712, 1713), upon the request of the appropriate local governmental entity, as described below, the Secretary shall convey the following parcels of public land without consideration, sub j ect to the provisions of this section


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Page:United States Statutes at Large Volume 123.djvu/1112

 123STA T . 1 09 2 PUBLIC LA W 111 – 11 —M A R .30, 2009 (1)TEMPL E QUAR R Y.— T heap p roxim a t e ly 1 2 2 - a c re parcel kn o w na s‘ ‘Temple Qu arry ’ ’as g enerally d epicted on the W ash- ington C ounty G rowth and Conser v ation A ct M apas‘‘ P arcel B ’’, to the City o fS t. George, U tah, for open space and pu b lic recreation purposes. (2) H URR IC A N ECI T Y S P O RTS PAR K .—The approximately 4 1- acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel C’’, to the City of Hurricane, Utah, for public recreation purposes and public administrative offices. ( 3 ) WAS H IN G TON COUNTY SCHOOL D ISTRICT.—The approxi- mately 70 -acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel D ’’, to the Washington County Public School District for use for public school and related educational and administrative purposes. (4) WASHINGTON COUNTY J AIL.—The approximately 8 0-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel E ’’, to Washington County, Utah, for expansion of the Purgatory Correctional F acility. ( 5 ) HURRICANE EQUESTRIAN PARK.—The approximately 40- acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel F’’, to the City of Hurricane, Utah, for use as a public e q uestrian park. (b) MAP AND L EGAL DESCRIPTIONS.—As soon as practicable after the date of enactment of this Act, the Secretary shall finali z e legal descriptions of the parcels to be conveyed under this section. The Secretary may correct any minor errors in the map referenced in subsection (a) or in the applicable legal descriptions. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Manage- ment. (c) R E V ERSION.— (1) I N GENERAL.—If any parcel conveyed under this section ceases to be used for the public purpose for which the parcel was conveyed, as described in subsection (a), the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States. (2) RESPONSI B ILITY O F LOCAL GOVERNMENTAL ENTITY.—If the Secretary determines pursuant to paragraph (1) that the land should revert to the United States, and if the Secretary determines that the land is contaminated with hazardous waste, the local governmental entity to which the land was conveyed shall be responsible for remediation of the contamina- tion. SEC.198 1.C ONV E YA NCE O FDIX IE NA T IONA L FO R EST LAND. (a) DEFINITIONS.—In this section (1) COVERED FEDERAL LAND.—The term ‘‘covered Federal land’’ means the approximately 6 6.07 acres of land in the Dixie N ational Forest in the State, as depicted on the map. (2) LANDO W NER.—The term ‘‘landowner’’ means K irk R. Harrison, who owns land in Pinto V alley, Utah. (3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Conveyance of Dixie National Forest Land’’ and dated December 18, 2008.


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Page:United States Statutes at Large Volume 123.djvu/1113

 123STA T . 1 09 3 PUBLIC LA W 111 – 11 —M A R .30, 2009 (4)SECR E TA R Y.—Thet e rm‘ ‘Se c ret a r y’ ’ mea ns the Secretary ofAg r i c ul ture. ( b ) CONV EYANCE.— ( 1 ) I N G ENERA L .—The Secretary may con v ey to the lan d- o w ner all right , title, and interest of the U nited States in and to any of the covered F ederal land (including any im p rove- ments or appurtenances to the covered Federal land) by sale ore x change. ( 2 ) L EGAL D E S CR IP TION.—The exact acreage and legal description of the covered Federal land to be conveyed under paragraph (1) shall be determined by surveys satisfactory to the Secretary. ( 3 ) CONSIDERATION.— (A) IN GENERAL.—As consideration for any conveyance by sale under paragraph (1), the landowner shall pay to the Secretary an amount e q ual to the fair mar k et value of any Federal land conveyed, as determined under subparagraph ( B ). (B) APPRAISAL.—The fair market value of any Federal land that is conveyed under paragraph (1) shall be deter- mined by an appraisal acceptable to the Secretary that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions (ii) the Uniform Standards of P rofessional Appraisal Practice; and (iii) any other applicable law (including regula- tions). (4) D ISPOSITION AND U SEO F PROCEEDS.— (A) DISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds of any sale of land under paragraph (1) in the fund established under Public Law 90– 1 7 1 (com- monly known as the ‘‘Sisk Act’’) (1 6 U.S.C. 4 8 4a). (B) USE OF PROCEEDS.—Amounts deposited under subparagraph (A) shall be available to the Secretary, with- out further appropriation and until expended, for the acquisition of real property or interests in real property for inclusion in the Dixie N ational Forest in the State. ( 5 ) ADDITIONAL TER M S AND CONDITIONS.—The Secretary may require any additional terms and conditions for any conveyance under paragraph (1) that the Secretary determines to be appropriate to protect the interests of the United States. SEC.1982 . TRAN S F ER O F L AN DI NTO TR U STFORS H I VW ITS B AND OF P AIUTE INDIANS. (a) DEFINITIONS.—In this section (1) PARCEL A.—The term ‘‘Parcel A’’ means the parcel that consists of approximately 640 acres of land that is— (A) managed by the Bureau of Land M anagement; (B) located in W ashington County, Utah; and (C) depicted on the map entitled ‘‘Washington County G rowth and Conservation Act Map’’. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (3) TRI B E.—The term ‘‘Tribe’’ means the Shivwits Band of Paiute Indians of the State of Utah. (b) PARCEL TO BE H ELD IN TRUST.— 25USC76 6 note.


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Page:United States Statutes at Large Volume 123.djvu/1114

 123STA T . 1 094PUBLIC LA W 111 – 11 —M A R .30, 2009 (1)INGE NE RAL.—At t her e qu e s t of the T r ib e , the S e c ret a r y sha l lta k ei n to trust for the benefit of the Tribe all ri g ht, title, an d interest of the U nited States in and to P arcel A. ( 2 )S U R V E Y; LEGAL D E SC R IPT I O N.— (A) SURVEY.— N ot later than 1 80 days after the date of enact m ent of this Act, the Secretary, acting through the D irector of the B ureau of L and M anagement, shall com p lete a sur v ey of Parcel A to establish the boundary of Parcel A. (B) LEGAL DESCRIPTION O F PARCEL A.— (i) IN GENERAL.—Upon the completion of the survey under subparagraph (A), the Secretary shall publish in the F ederal R egister a legal description of— (I) the boundary line of Parcel A; and (II) Parcel A. (ii) TEC H NICAL CORRECTIONS.—Before the date of publication of the legal descriptions under clause (i), the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions. (iii) E FFECT.—Effective beginning on the date of publication of the legal descriptions under clause (i), the legal descriptions shall be considered to be the official legal descriptions of Parcel A. ( 3 ) EFFECT.—Nothing in this section— (A) affects any valid right in e x istence on the date of enactment of this Act; (B) enlarges, impairs, or other w ise affects any right or claim of the Tribe to any land or interest in land other than to Parcel A that is— (i) based on an aboriginal or Indian title; and (ii) in existence as of the date of enactment of this Act; or ( C ) constitutes an express or implied reservation of water or a water right with respect to Parcel A. ( 4 ) LAND TO B E M ADE A PART OF THE RESERVATION.—Land taken into trust pursuant to this section shall be considered to be part of the reservation of the Tribe. SEC.1983 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There are authori z ed to be appropriated such sums as are necessary to carry out this subtitle. TI T LE II —BUR E A U OF LA NDM ANA G EMENT AUT H ORI Z ATION S S ubti t le A—N a ti on al Lan dsc a p e C onse rv ation S y ste m SEC. 20 01. D EFINITIONS. In this subtitle (1) SECRETARY.—The term ‘ ‘Secretary ’ ’ means the Secretary of the Interior. (2) SYSTEM.—The term ‘‘system’’ means the National Land - scape Conservation System established by section 2002(a). 16USC720 1 .Ef f ectiv e da te. F ede r a lR e g i s ter ,pub licati on . D eadline.