I 

113TH CONGRESS 

1ST SESSION H. R. 1799 

To designate certain public lands in the Sonoran Desert of the State of 

Arizona as national conservation areas and wilderness areas, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate certain public lands in the Sonoran Desert 

of the State of Arizona as national conservation areas 

and wilderness areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Arizona Sonoran Desert Heritage Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Definitions. 

Sec. 3. Belmont-Harquahala and Gila Bend National Conservation Areas. 

Sec. 4. Designation of wilderness areas. 

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Sec. 5. Special management areas. 

Sec. 6. Maps and legal descriptions. 

Sec. 7. Management of national conservation areas, wilderness areas, and special management areas. 

Sec. 8. Acquisition of land. 

Sec. 9. Border security. 

Sec. 10. Water rights. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 means any Indian tribe, band, nation, or other orga5 nized group or community of Indians which is recog6 nized as eligible by the Secretary for the special pro7 grams and services provided by the United States to 

8 Indians because of their status as Indians. 

9 (2) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan developed 

11 under section 3 for each national conservation area 

12 and section 5 for each special management area. 

13 (3) NATIONAL CONSERVATION AREAS.—The 

14 term ‘‘National Conservation Areas’’ means the Bel15 mont-Harquahala National Conservation Area and 

16 the Gila Bend National Conservation Area estab17 lished by section 3. 

18 (4) PUBLIC LAND.—The term ‘‘public land’’ 

19 has the meaning given the term ‘‘public lands’’ in 

20 section 103 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1702). 

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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (6) SPECIAL MANAGEMENT AREAS.—The term 

4 ‘‘Special Management Areas’’ means the Sentinel 

5 Plain Special Management Area and the Rainbow 

6 Valley Special Management Area established by sec7 tion 5. 

8 (7) STATE.—The term ‘‘State’’ means the State 

9 of Arizona. 

10 (8) WILDERNESS AREAS.—The term ‘‘Wilder11 ness Areas’’ means the wilderness areas designated 

12 by section 4. 

13 SEC. 3. BELMONT-HARQUAHALA AND GILA BEND NATIONAL 

14 CONSERVATION AREAS. 

15 (a) ESTABLISHMENT.—There are established in the 

16 State: 

17 (1) BELMONT-HARQUAHALA NATIONAL CON18 SERVATION AREA.—The Belmont-Harquahala Na19 tional Conservation Area, consisting of approxi20 mately 276,100 acres, as generally depicted on the 

21 map entitled ‘‘Belmont-Harquahala National Con22 servation Area’’ and dated ølll 2013¿. 

23 (2) GILA BEND NATIONAL CONSERVATION

24 AREA.—The Gila Bend National Conservation Area, 

25 consisting of approximately 406,298 acres, as genmstockstill on DSK4VPTVN1PROD with BILLS

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1 erally depicted on the map entitled ‘‘Gila Bend 

2 Mountains National Conservation Area’’ and dated 

3 øllll 2013¿. 

4 (b) PURPOSE.—The purpose of the National Con5 servation Areas is to conserve, and thereby to protect, re6 store, and enhance for the benefit and enjoyment of 

7 present and future generations the unique and important 

8 resources and values of the land, including the ecological, 

9 geological, cultural, archaeological, paleontological, nat10 ural, scientific, recreational, wilderness, wildlife, riparian, 

11 historical, educational, and scenic resources of the public 

12 land. 

13 (c) ADMINISTRATION OF NATIONAL CONSERVATION

14 AREAS.— 

15 (1) IN GENERAL.—The Secretary shall manage 

16 the National Conservation Areas— 

17 (A) as components of the National Land18 scape Conservation System; 

19 (B) in a manner that conserves, and there20 by protects, and enhances the resources and 

21 values of the National Conservation Areas de22 scribed in subsection (b); and 

23 (C) in accordance with— 

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1 (i) the Federal Land Policy and Man2 agement Act of 1976 (43 U.S.C. 1701 et 

3 seq.); 

4 (ii) this Act; and 

5 (iii) any other applicable laws. 

6 (2) MANAGEMENT PLANS.— 

7 (A) IN GENERAL.—Not later than 3 years 

8 after the date of enactment of this Act, the Sec9 retary shall develop a comprehensive manage10 ment plan for the long-term protection and 

11 management of each of the National Conserva12 tion Areas. 

13 (B) PURPOSES.—Each management plan 

14 shall— 

15 (i) describe the appropriate manage16 ment and uses of the National Conserva17 tion Areas consistent with the conservation 

18 purpose as specified in subsection (b) and 

19 (c); 

20 (ii) be developed with extensive public 

21 input; and 

22 (iii) take into consideration any infor23 mation developed in studies of the land 

24 within the National Conservation Areas. 

25 (3) USES.— 

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1 (A) IN GENERAL.—The Secretary shall 

2 allow only such uses of the National Conserva3 tion Areas as the Secretary determines would 

4 further the conservation purpose for which the 

5 National Conservation Areas are established. 

6 (B) USE OF MOTORIZED VEHICLES.— 

7 (i) IN GENERAL.—Except as provided 

8 in clauses (ii) and (iii), use of motorized 

9 vehicles in the National Conservation 

10 Areas shall be allowed only— 

11 (I) before the effective date of 

12 each management plan prepared pur13 suant to paragraph (2), on roads and 

14 trails designated for use of motorized 

15 vehicles in the management plan that 

16 applies on the date of the enactment 

17 of this Act; and 

18 (II) after the effective date of 

19 each management plan prepared pur20 suant to paragraph (2), on roads and 

21 trails designated for use of motorized 

22 vehicles in that management plan. 

23 (ii) ADMINISTRATIVE AND EMER24 GENCY RESPONSE USE.—Clause (i) shall 

25 not limit the use of motor vehicles in the 

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1 National Conservation Areas for adminis2 trative purposes or to respond to an emer3 gency. 

4 (iii) LIMITATION.—This subparagraph 

5 shall not apply to the Wilderness Areas. 

6 (C) NEW ROADS.—No additional road shall 

7 be built within the National Conservation Areas 

8 after the date of enactment of this Act unless 

9 the road is identified in the Management Plans 

10 as necessary for public safety or resource pro11 tection. 

12 SEC. 4. DESIGNATION OF WILDERNESS AREAS. 

13 (a) IN GENERAL.—In furtherance of the purposes of 

14 the Wilderness Act (16 U.S.C. 1131 et seq.), the following 

15 areas in the State are designated as wilderness areas and 

16 as components of the National Wilderness Preservation 

17 System: 

18 (1) HUMMINGBIRD SPRINGS WILDERNESS ADDI19 TIONS.—Certain public land in Maricopa County, 

20 Arizona, consisting of approximately 17,000 acres, 

21 as generally depicted on the map entitled ‘‘Hum22 mingbird Springs Wilderness Additions’’ and dated 

23 øllll 2013¿, which is incorporated in, and 

24 shall be considered to be a part of, the Humming25 bird Springs Wilderness, as designated by section 

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1 101(a)(12) of the Arizona Desert Wilderness Act of 

2 1990 (16 U.S.C. 1132 note 460ddd; 104 Stat. 

3 4469). 

4 (2) WOOLSEY PEAK WILDERNESS ADDITIONS.— 

5 Certain public land in Maricopa County, Arizona, 

6 consisting of approximately 33,523 acres, as gen7 erally depicted on the map entitled ‘‘Woolsey Peak 

8 Wilderness Additions’’ and dated øllll 2013¿, 

9 which is incorporated in, and shall be considered to 

10 be a part of, the Woolsey Peak Wilderness, as des11 ignated by section 101(a)(15) of the Arizona Desert 

12 Wilderness Act of 1990 (16 U.S.C. 1132 note 

13 460ddd; 104 Stat. 4469). 

14 (3) BELMONT MOUNTAINS WILDERNESS.—Cer15 tain public land in Maricopa County, Arizona, com16 prising approximately 19,000 acres, as generally de17 picted on the map entitled ‘‘Belmont Mountains Wil18 derness’’ and dated ølllll2013¿, which shall 

19 be known as the ‘‘Belmont Mountains Wilderness’’. 

20 (4) SADDLE MOUNTAIN CENTENNIAL WILDER21 NESS.—Certain public land in Maricopa County, Ar22 izona, comprising approximately 24,200 acres, as 

23 generally depicted on the map entitled ‘‘Saddle 

24 Mountain Centennial Wilderness’’ and dated 

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1 øllll 2013¿, which shall be known as the 

2 ‘‘Saddle Mountain Centennial Wilderness’’. 

3 (5) GILA BEND WILDERNESS.—Certain public 

4 land in Maricopa County, Arizona, comprising ap5 proximately 68,800 acres, as generally depicted on 

6 the map entitled ‘‘Gila Bend Wilderness’’ and dated 

7 øllll 2013¿, which shall be known as the 

8 ‘‘Gila Bend Wilderness’’. 

9 (6) SONORAN DESERT NATIONAL MONUMENT

10 WILDERNESS.—Certain public land in Maricopa 

11 County, Arizona, within the Sonoran Desert Na12 tional Monument, comprising approximately 128,300 

13 acres, as generally depicted on the map entitled 

14 ‘‘Sonoran Desert National Monument Wilderness’’ 

15 and dated øllll 2013¿, which shall be known 

16 as the ‘‘Sonoran Desert National Monument Wilder17 ness’’. 

18 (b) ADMINISTRATION OF WILDERNESS.—Subject to 

19 valid existing rights, the Wilderness Areas designated by 

20 this Act shall be managed by the Secretary in accordance 

21 with the Wilderness Act (16 U.S.C. 1131 et seq.) and this 

22 Act, except that— 

23 (1) any reference in the Wilderness Act to the 

24 effective date of that Act shall be considered to be 

25 a reference to the date of enactment of this Act; and 

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1 (2) any reference in the Wilderness Act to the 

2 Secretary of Agriculture shall be considered to be a 

3 reference to the Secretary of the Interior. 

4 SEC. 5. SPECIAL MANAGEMENT AREAS. 

5 (a) ESTABLISHMENT.—There are established in the 

6 State: 

7 (1) SENTINEL PLAIN SPECIAL MANAGEMENT

8 AREA.— 

9 (A) The Sentinel Plain Special Manage10 ment Area, consisting of approximately 120,600 

11 acres, as generally depicted on the map entitled 

12 ‘‘Sentinel Plain Special Management Area’’ and 

13 dated ølllll 2013¿. 

14 (B) PURPOSE.—The purpose of the Sen15 tinel Plain Special Management Area is to en16 sure ecological connectivity and movement of 

17 wildlife between the Barry M. Goldwater Air 

18 Force Range and the Gila Bend National Con19 servation Area; to secure native habitat for na20 tive species; and to provide recreation and de21 velopment opportunities that are compatible 

22 with native species and with Department of De23 fense activities related to the Barry M. Gold24 water Air Force Range. 

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1 (2) RAINBOW VALLEY SPECIAL MANAGEMENT

2 AREA.— 

3 (A) The Rainbow Valley Special Manage4 ment Area, consisting of approximately 23,400 

5 acres, as generally depicted on the map entitled 

6 ‘‘Rainbow Valley Special Management Area’’ 

7 and dated øllll 2013¿. 

8 (B) PURPOSE.—The purpose of the Rain9 bow Valley Special Management Area is to en10 sure ecological connectivity and movement of 

11 wildlife between the Sierra Estrella Mountains 

12 and the Sonoran Desert National Monument. 

13 (b) MANAGEMENT PLANS.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Secretary 

16 shall develop for each of the Special Management 

17 Area a comprehensive management plan for the 

18 long-term protection and management of that area. 

19 (2) PURPOSES.—Each management plan 

20 shall— 

21 (A) describe the appropriate uses and 

22 management of each special management area 

23 consistent with the conservation purpose as 

24 specified in section 5(a); 

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1 (B) be drafted with consultation from 

2 local, regional, and state jurisdictions; 

3 (C) be developed with extensive public 

4 input; 

5 (D) take into consideration any informa6 tion developed in studies and plans for the land 

7 within each special management area; 

8 (E) shall consider cooperative management 

9 alternatives between the Bureau of Land Man10 agement and local, regional, and state jurisdic11 tions that further the purposes outlined in sec12 tion 5(a); and 

13 (F) for the purposes of ensuring ecological 

14 connectivity and movement of wildlife through 

15 the Rainbow Valley and Sentinel Plain Special 

16 Management Areas, the management plans 

17 shall— 

18 (i) prioritize landscape permeability, 

19 wildlife connectivity and continued move20 ment of wildlife between the Sierra 

21 Estrella Mountains and the Sonoran 

22 Desert National Monument across Rain23 bow Valley, and between the Barry M. 

24 Goldwater Air Force Range and the Gila 

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1 Bend National Conservation Area across 

2 Sentinel Plain, respectively; 

3 (ii) identify the means to maintain 

4 permeability, connectivity and wildlife 

5 movement in the area including, but not 

6 limited to, wildlife crossing structures and 

7 other infrastructure improvements and the 

8 criteria to implement such alternatives; 

9 (iii) incorporate current scientific 

10 knowledge of wildlife movement for a vari11 ety of identified focal species; and 

12 (iv) establish a monitoring program to 

13 determine the effectiveness of the plan for 

14 wildlife connectivity. 

15 SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 

16 (a) IN GENERAL.—As soon as practicable after the 

17 date of enactment of this Act, the Secretary shall file maps 

18 and legal descriptions of the National Conservation Areas, 

19 the Wilderness Areas, and the Special Management Areas 

20 with— 

21 (1) the Committee on Energy and Natural Re22 sources of the Senate; and 

23 (2) the Committee on Natural Resources of the 

24 House of Representatives. 

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1 (b) FORCE AND EFFECT.—The maps and legal de2 scriptions filed under subsection (a) shall have the same 

3 force and effect as if included in this Act, except that the 

4 Secretary may correct clerical and typographical errors in 

5 the maps and legal descriptions. 

6 (c) PUBLIC AVAILABILITY.—The maps and legal de7 scriptions filed under subsection (a) shall be available for 

8 public inspection in— 

9 (1) the Office of the Director of the Bureau of 

10 Land Management; and 

11 (2) the appropriate office of the Bureau of 

12 Land Management in the State. 

13 SEC. 7. MANAGEMENT OF NATIONAL CONSERVATION 

14 AREAS, WILDERNESS AREAS, AND SPECIAL 

15 MANAGEMENT AREAS. 

16 (a) MILITARY USE.—Nothing in this Act restricts or 

17 precludes— 

18 (1) overflights of military aircraft over the Na19 tional Conservation Areas, Wilderness Areas, or Spe20 cial Management Areas designated by this Act in21 cluding military overflights that can be seen or 

22 heard within the areas; 

23 (2) flight testing and evaluation; or 

24 (3) the designation or creation of new units of 

25 special use airspace, or the establishment of military 

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1 flight training routes, over the National Conserva2 tion Areas, Wilderness Areas, or Special Manage3 ment Areas. 

4 (b) HUNTING, FISH AND WILDLIFE.— 

5 (1) HUNTING.—Nothing in this section or the 

6 Wilderness Act (16 U.S.C. 1131 et seq.) shall affect 

7 hunting, under applicable State and Federal laws 

8 and regulations, within a covered wilderness area. 

9 (2) JURISDICTION.—As provided in section 

10 4(d)(7) of the Wilderness Act (16 U.S.C. 

11 1133(d)(7)), nothing in this section or the Wilder12 ness Act shall be construed as affecting the jurisdic13 tion or responsibilities of the State of Arizona with 

14 respect to fish and wildlife in the State. 

15 (3) WILDLIFE MANAGEMENT.—Management ac16 tivities to maintain or restore fish and wildlife popu17 lations and the habitats to support such populations 

18 may be carried out within a covered wilderness area, 

19 where consistent with the Wilderness Act (16 U.S.C. 

20 1131 et seq.) and other applicable laws. 

21 (4) COOPERATIVE AGREEMENT.—The Secretary 

22 shall enter into a cooperative agreement with the 

23 State of Arizona for management of fish and wildlife 

24 within a covered wilderness area. The cooperative 

25 agreement shall specify the terms and conditions 

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1 under which the State or a designee of the State 

2 may use wildlife management activities in a covered 

3 wilderness area consistent with the Wilderness Act 

4 (16 U.S.C. 1131 et seq.), and other applicable laws. 

5 (c) LIVESTOCK GRAZING.— 

6 (1) GRAZING IN NATIONAL CONSERVATION

7 AREAS OR SPECIAL MANAGEMENT AREAS.—Except 

8 as provided in paragraph (2), the Secretary shall 

9 issue and administer any grazing leases or permits 

10 in the National Conservation Areas or Special Man11 agement Areas in accordance with the laws (includ12 ing regulations) applicable to the issuance and ad13 ministration of such leases and permits on other 

14 land under the jurisdiction of the Bureau of Land 

15 Management. 

16 (2) GRAZING IN WILDERNESS AREAS.—The 

17 grazing of livestock in a wilderness area designated 

18 by this Act, if established as of the date of enact19 ment of this Act, shall be permitted to continue— 

20 (A) subject to any reasonable regulations, 

21 policies, and practices that the Secretary deter22 mines to be necessary; and 

23 (B) in accordance with— 

24 (i) section 4(d)(4) of the Wilderness 

25 Act (16 U.S.C. 1133(d)(4)); and 

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1 (ii) the guidelines set forth in Appen2 dix A of the report of the Committee on 

3 Interior and Insular Affairs of the House 

4 of Representatives accompanying H.R. 

5 2570 of the 101st Congress (H. Rept. 

6 101–405). 

7 (d) ACCESS TO PRIVATE LANDS.—The Secretary 

8 shall provide any owner of private property— 

9 (1) within the boundary of a national conserva10 tion area or special management area designated by 

11 this Act adequate access to the property; and 

12 (2) within the boundary of a wilderness area 

13 designated by this Act adequate access to the prop14 erty in accordance with section 5(a) of the Wilder15 ness Act (16 U.S.C. 1134(a)). 

16 (e) VALID EXISTING RIGHTS.—The designation of 

17 the National Conservation Areas, Wilderness Areas, and 

18 Special Management Areas is subject to valid rights in ex19 istence on the date of enactment of this Act. 

20 (f) WITHDRAWAL.—Subject to valid existing rights, 

21 all public land within the National Conservation Areas, 

22 Wilderness Areas, and Special Management Areas, and all 

23 land and interests in land acquired by the United States 

24 within the National Conservation Areas, Wilderness 

25 Areas, or Special Management Areas is withdrawn from— 

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1 (1) all forms of entry, appropriation, or disposal 

2 under the public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) right-of-way, leasing, or disposition under 

6 all laws relating to— 

7 (A) minerals; or 

8 (B) solar, wind, and geothermal energy. 

9 (g) NO BUFFER ZONES.— 

10 (1) IN GENERAL.—Nothing in this subtitle cre11 ates a protective perimeter or buffer zone around the 

12 National Conservation Areas, Wilderness Areas, or 

13 Special Management Areas. 

14 (2) ACTIVITIES OUTSIDE NATIONAL CONSERVA15 TION AREAS, WILDERNESS AREAS, AND SPECIAL

16 MANAGEMENT AREAS.—The fact that an activity or 

17 use on land outside a National Conservation Area, 

18 Wilderness Area, or Special Management Area can 

19 be seen or heard within the area shall not preclude 

20 the activity or use outside the boundary of the areas. 

21 (h) FIRE, INSECTS, AND DISEASES.—Subject to such 

22 terms and conditions as the Secretary determines to be 

23 desirable and appropriate, the Secretary may undertake 

24 such measures as are necessary to control fire, insects, 

25 and diseases— 

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1 (1) in the Wilderness Areas, in accordance with 

2 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

3 1133(d)(1)); and 

4 (2) except as provided in paragraph (1), in the 

5 National Conservation Areas and Special Manage6 ment Areas in accordance with this Act and any 

7 other applicable laws. 

8 (i) INVASIVE SPECIES AND NOXIOUS WEEDS.—In ac9 cordance with any applicable laws and subject to such 

10 terms and conditions as the Secretary determines to be 

11 desirable and appropriate, the Secretary may prescribe 

12 measures to control nonnative invasive plants and noxious 

13 weeds within the National Conservation Areas and Special 

14 Management Areas. 

15 (j) NATIVE AMERICAN USES AND INTERESTS.—To 

16 the extent practicable, the Secretary shall ensure access 

17 to the National Conservation Areas, Wilderness Areas, 

18 and Special Management Areas by members of an Indian 

19 tribe for traditional cultural purposes, including spiritual 

20 or food-gathering activities. In implementing this para21 graph, the Secretary, upon the request of an Indian tribe, 

22 may temporarily close to the general public use of one or 

23 more specific portions of a national conservation area, wil24 derness area, or special management area in order to pro25 tect the privacy of traditional cultural activities in such 

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1 areas by members of the Indian tribe. Any such closure 

2 shall be made to affect the smallest practicable area for 

3 the minimum period necessary for such purposes. Such ac4 cess shall be consistent with the purpose and intent of 

5 Public Law 95–341 (42 U.S.C. 1996), commonly referred 

6 to as the American Indian Religious Freedom Act. 

7 (k) UTILITY RIGHTS-OF-WAY.—Nothing in this Act 

8 precludes the Secretary from renewing an existing utility 

9 right-of-way through a national conservation area or spe10 cial management area in a manner that minimizes harm 

11 to the purposes of the national conservation area or special 

12 management area described in subsection (b) and section 

13 5(a)— 

14 (1) in accordance with— 

15 (A) the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.); and 

17 (B) any other applicable law; and 

18 (2) subject to such terms and conditions as the 

19 Secretary determines to be appropriate. 

20 (l) MAINTENANCE OF EXISTING COMMUNICATIONS

21 FACILITIES.—The provisions of this Act shall not be con22 strued to prevent— 

23 (1) the maintenance of communications facili24 ties, in existence on the date of the enactment of 

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1 this Act and located in a national conservation area; 

2 or 

3 (2) limited motorized access to such facilities 

4 when non-motorized access means are not reasonably 

5 available or when time is of the essence, subject to 

6 such conditions as the Secretary considers to be de7 sirable. 

8 (m) MAINTENANCE OF AGUA CALIENTE ROAD.—In 

9 preparing resource management and travel management 

10 plans for the Lower Sonoran Field Office, the Secretary 

11 shall provide for protection of the existing, low-standard 

12 (BLM Maintenance Level 3) Agua Caliente which provides 

13 access to the wilderness and high conservation value lands 

14 designated by this Act, and shall assure that the wilder15 ness environment and atmosphere enjoyed by users of this 

16 road, which Congress finds is well-matched to the rugged 

17 and wild character of the wilderness beyond the roadside, 

18 is not degraded by incompatible development within the 

19 road corridor or by improvement of the road itself other 

20 than as he determines necessary for public safety. 

21 SEC. 8. ACQUISITION OF LAND. 

22 (a) IN GENERAL.—The Secretary may acquire non23 public land within the boundaries of the National Con24 servation Areas, the Wilderness Areas, or the Special 

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1 Management Areas established by this Act only through 

2 exchange, donation, or purchase from a willing seller. 

3 (b) MANAGEMENT.—Land acquired under this sec4 tion shall— 

5 (1) become part of the National Conservation 

6 Areas, the Wilderness Areas, or the Special Manage7 ment Areas involved; and 

8 (2) be managed in accordance with this Act and 

9 any other applicable laws. 

10 SEC. 9. BORDER SECURITY. 

11 Nothing in this Act— 

12 (1) prevents the Secretary of Homeland Secu13 rity from undertaking law enforcement and border 

14 security activities— 

15 (A) in the National Conservation Areas 

16 and Special Management Areas outside the Wil17 derness Areas, or 

18 (B) in accordance with section 4(c) of the 

19 Wilderness Act (16 U.S.C. 1133(c)), within the 

20 Wilderness Areas, including the ability to use 

21 motorized access within a Wilderness Area 

22 while in pursuit of a suspect; 

23 (2) affects the 2006 Memorandum of Under24 standing among the Department of Homeland Secu25 rity, the Department of the Interior, and the Demstockstill on DSK4VPTVN1PROD with BILLS

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1 partment of Agriculture regarding cooperative na2 tional security and counterterrorism efforts on pub3 lic land along the borders of the United States; or 

4 (3) prevents the Secretary of Homeland Secu5 rity from conducting any low-level overflights over 

6 the National Conservation Areas and Special Man7 agement Areas or the Wilderness Areas that may be 

8 necessary for law enforcement and border security 

9 purposes. 

10 SEC. 10. WATER RIGHTS. 

11 (a) RESERVATION OF RIGHTS.—With respect to each 

12 wilderness area designated by this Act, Congress hereby 

13 reserves a quantity of water sufficient to fulfill the pur14 poses of this Act. The priority date of such reserved rights 

15 shall be the date of enactment of this Act. 

16 (b) PROTECTION OF RIGHTS.—The Secretary and all 

17 other officers of the United States shall take steps nec18 essary to protect the rights reserved by subsection (a), in19 cluding the filing by the Secretary of a claim for the quan20 tification of such rights in any present or future appro21 priate stream adjudication in the courts of the State in 

22 which the United States is or may be joined and which 

23 is conducted in accordance with the McCarran Amend24 ment (43 U.S.C. 666). 

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1 (c) NO RELINQUISHMENT OR REDUCTION.—Nothing 

2 in this section shall be construed as a relinquishment or 

3 reduction of any water rights reserved or appropriated by 

4 the United States in the State on or before the date of 

5 enactment of this Act. 

6 (d) RESERVATION FOR SPECIFIC WILDERNESS.— 

7 The Federal water rights reserved by this section are spe8 cific to the wilderness located in the State designated by 

9 this Act. Nothing in this section related to reserved Fed10 eral water rights shall be construed as establishing a 

11 precedent with regard to any future designations, nor shall 

12 it constitute an interpretation of any other Act or any des13 ignation made pursuant thereto. 

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