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S. 4200IntroducedSenate · nowHousePresidentLawIn committee
Sec. 302 · S. 4200

Administration

Title III — Burbank Canyons Wilderness

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(a) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary concerned considers to be necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (c) Incorporation of acquired land and interests Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the Wilderness. (d) Adjacent management (1) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military overflights Nothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Existing airstrips Nothing in this title restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned may take any measures in the Wilderness that the Secretary concerned determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary concerned determines to be appropriate, the coordination of the activities with the State or a local agency. (h) Data collection In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary concerned may prescribe, the Secretary concerned may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the Wilderness if the Secretary concerned determines that the facilities, and access to the facilities, are essential to flood warning, flood control, or water reservoir operation activities. (i) Water rights (1) Findings Congress finds that— (A) the Wilderness is located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land by means different from the means used in other laws. (2) Purpose The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) Statutory construction Nothing in this title— (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law The Secretary concerned shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion In this paragraph, the term water resource facility does not include a wildlife guzzler. (B) Restriction on new water resource facilities Except as otherwise provided in this title, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within any wilderness area, including a portion of a wilderness area, that is located in the County.