II 

112TH CONGRESS 

1ST SESSION S. 1788 

To designate the Pine Forest Range Wilderness area in Humboldt County, 

Nevada. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2011 

Mr. REID (for himself and Mr. HELLER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To designate the Pine Forest Range Wilderness area in 

Humboldt County, Nevada. 

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 ‘‘Pine Forest Range Recreation Enhancement Act of 

6 2011’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Addition to National Wilderness Preservation System. 


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Sec. 5. Administration. 

Sec. 6. Adjacent management. 

Sec. 7. Military overflights. 

Sec. 8. Native American cultural and religious uses. 

Sec. 9. Release of wilderness study areas. 

Sec. 10. Wildlife management. 

Sec. 11. Wildfire, insect, and disease management. 

Sec. 12. Climatological data collection. 

Sec. 13. Land exchanges. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) public land in the Pine Forest Range con4 tains unique and spectacular natural resources, in5 cluding— 

6 (A) priceless habitat for numerous species 

7 of plants and wildlife; and 

8 (B) thousands of acres of land that remain 

9 in a natural state; 

10 (2) continued preservation of the public land 

11 would benefit the County and the United States 

12 by— 

13 (A) ensuring the conservation of eco14 logically diverse habitat; 

15 (B) protecting prehistoric cultural re16 sources; 

17 (C) conserving primitive recreational re18 sources; and 

19 (D) protecting air and water quality; and 

20 (3) designation of the Pine Forest Range as a 

21 wilderness area is supported by the State, units of 


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1 local governments, and the surrounding commu2 nities. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) COUNTY.—The term ‘‘County’’ means 

6 Humboldt County, Nevada. 

7 (2) MAP.—The term ‘‘Map’’ means the map en8 titled ‘‘Proposed Pine Forest Wilderness Area’’ and 

9 dated May 4, 2011. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (4) STATE.—The term ‘‘State’’ means the State 

13 of Nevada. 

14 SEC. 4. ADDITION TO NATIONAL WILDERNESS PRESERVA15 TION SYSTEM. 

16 (a) DESIGNATION.—Certain Federal land managed 

17 by the Bureau of Land Management, comprising approxi18 mately 26,000 acres, as generally depicted on the Map is 

19 designated as wilderness and as a component of the Na20 tional Wilderness Preservation System, to be known as the 

21 ‘‘Pine Forest Range Wilderness’’. 

22 (b) BOUNDARY.— 

23 (1) ROAD ACCESS.—The boundary of any por24 tion of the wilderness area designated by subsection 

25 (a) that is bordered by a road shall be at least 100 


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1 feet away from the edge of the road to allow public 

2 access. 

3 (2) ROAD ADJUSTMENTS.—The Secretary 

4 shall— 

5 (A) reroute the road running through 

6 Long Meadow to the west to remove the road 

7 from the riparian area; 

8 (B) reroute the road currently running 

9 through Rodeo Flat Meadow to the east to re10 move the road from the riparian area; and 

11 (C) close, except for administrative use, 

12 the road along Lower Alder Creek south of Bu13 reau of Land Management road #2083. 

14 (3) RESERVOIR ACCESS.—The boundary of the 

15 wilderness area designated by subsection (a) shall be 

16 at least 160 feet downstream from the dam at Little 

17 Onion Reservoir to allow public access. 

18 (c) MAP AND LEGAL DESCRIPTION.— 

19 (1) IN GENERAL.—As soon as practicable after 

20 the date of enactment of this Act, the Secretary 

21 shall file a map and legal description of the wilder22 ness area designated by subsection (a) with— 

23 (A) the Committee on Natural Resources 

24 of the House of Representatives; and 


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1 (B) the Committee on Energy and Natural 

2 Resources of the Senate. 

3 (2) EFFECT.—The map and legal description 

4 filed under paragraph (1) shall have the same force 

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

6 Secretary may correct clerical and typographical er7 rors in the map or legal description. 

8 (3) AVAILABILITY.—Each map and legal de9 scription filed under paragraph (1) shall be on file 

10 and available for public inspection in the appropriate 

11 offices of the Bureau of Land Management. 

12 (d) WITHDRAWAL.—Subject to valid existing rights, 

13 the wilderness area designated by subsection (a) is with14 drawn from— 

15 (1) all forms of entry, appropriation, and dis16 posal under the public land laws; 

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

18 laws; and 

19 (3) disposition under all laws pertaining to min20 eral and geothermal leasing or mineral materials. 

21 SEC. 5. ADMINISTRATION. 

22 (a) MANAGEMENT.—Subject to valid existing rights, 

23 the land designated as wilderness by this Act shall be ad24 ministered by the Secretary in accordance with the Wilder25 ness Act (16 U.S.C. 1131 et seq.), except that— 


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1 (1) any reference in that Act to the effective 

2 date of that Act shall be considered to be a reference 

3 to the date of enactment of this Act; and 

4 (2) any reference in that Act to the Secretary 

5 of Agriculture shall be considered to be a reference 

6 to the Secretary. 

7 (b) LIVESTOCK.—Within the wilderness area des8 ignated by this Act, the grazing of livestock in areas ad9 ministered by the Bureau of Land Management in which 

10 grazing is established as of the date of enactment of this 

11 Act shall be allowed to continue— 

12 (1) subject to such reasonable regulations, poli13 cies, and practices as the Secretary considers to be 

14 necessary; and 

15 (2) consistent with section 4(d)(4) of the Wil16 derness Act (16 U.S.C. 1133(d)(4)), including the 

17 guidelines set forth in Appendix A of House Report 

18 101–405. 

19 (c) INCORPORATION OF ACQUIRED LAND AND INTER20 ESTS.—Any land or interest in land within the boundaries 

21 of the area designated as wilderness by this Act that is 

22 acquired by the United States after the date of enactment 

23 of this Act shall be added to and administered as part 

24 of the wilderness area. 

25 (d) WATER RIGHTS.— 


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1 (1) FINDINGS.—Congress finds that— 

2 (A) the land designated as wilderness by 

3 this Act is located— 

4 (i) in the semiarid region of the Great 

5 Basin; and 

6 (ii) at the headwaters of the streams 

7 and rivers on land with respect to which 

8 there are few, if any— 

9 (I) actual or proposed water re10 source facilities located upstream; and 

11 (II) opportunities for diversion, 

12 storage, or other uses of water occur13 ring outside the land that would ad14 versely affect the wilderness values of 

15 the land; 

16 (B) the land designated as wilderness by 

17 this Act is generally not suitable for use or de18 velopment of new water resource facilities; and 

19 (C) because of the unique nature of the 

20 land designated as wilderness by this Act, it is 

21 possible to provide for proper management and 

22 protection of the wilderness and other values of 

23 land in ways different from those used in other 

24 laws. 


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1 (2) PURPOSE.—The purpose of this section is 

2 to protect the wilderness values of the land des3 ignated as wilderness by this Act by means other 

4 than a federally reserved water right. 

5 (3) STATUTORY CONSTRUCTION.—Nothing in 

6 this Act— 

7 (A) constitutes an express or implied res8 ervation by the United States of any water or 

9 water rights with respect to a wilderness des10 ignated by this Act; 

11 (B) affects any water rights in the State 

12 (including any water rights held by the United 

13 States) in existence on the date of enactment of 

14 this Act; 

15 (C) establishes a precedent with regard to 

16 any future wilderness designations; 

17 (D) affects the interpretation of, or any 

18 designation made under, any other Act; or 

19 (E) limits, alters, modifies, or amends any 

20 interstate compact or equitable apportionment 

21 decree that apportions water among and be22 tween the State and other States. 

23 (4) NEVADA WATER LAW.—The Secretary shall 

24 follow the procedural and substantive requirements 

25 of State law in order to obtain and hold any water 


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1 rights not in existence on the date of enactment of 

2 this Act with respect to the wilderness area des3 ignated by this Act. 

4 (5) NEW PROJECTS.— 

5 (A) DEFINITION OF WATER RESOURCE FA6 CILITY.— 

7 (i) IN GENERAL.—In this paragraph, 

8 the term ‘‘water resource facility’’ means 

9 irrigation and pumping facilities, res10 ervoirs, water conservation works, aque11 ducts, canals, ditches, pipelines, wells, hy12 dropower projects, transmission and other 

13 ancillary facilities, and other water diver14 sion, storage, and carriage structures. 

15 (ii) EXCLUSION.—In this paragraph, 

16 the term ‘‘water resource facility’’ does not 

17 include wildlife guzzlers. 

18 (B) RESTRICTION ON NEW WATER RE19 SOURCE FACILITIES.—Except as otherwise pro20 vided in this Act, on or after the date of enact21 ment of this Act, neither the President nor any 

22 other officer, employee, or agent of the United 

23 States shall fund, assist, authorize, or issue a 

24 license or permit for the development of any 

25 new water resource facility within a wilderness 


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1 area, any portion of which is located in the 

2 County. 

3 SEC. 6. ADJACENT MANAGEMENT. 

4 (a) IN GENERAL.—Congress does not intend for the 

5 designation of land as wilderness by this Act to create a 

6 protective perimeter or buffer zone around the wilderness 

7 area. 

8 (b) NONWILDERNESS ACTIVITIES.—The fact that 

9 nonwilderness activities or uses can be seen or heard from 

10 areas within the wilderness designated by this Act shall 

11 not preclude the conduct of the activities or uses outside 

12 the boundary of the wilderness area. 

13 SEC. 7. MILITARY OVERFLIGHTS. 

14 Nothing in this Act restricts or precludes— 

15 (1) low-level overflights of military aircraft over 

16 the area designated as wilderness by this Act, in17 cluding military overflights that can be seen or 

18 heard within the wilderness area; 

19 (2) flight testing and evaluation; or 

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

21 special use airspace, or the establishment of military 

22 flight training routes, over the wilderness area. 

23 SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

24 USES. 

25 Nothing in this Act diminishes— 


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1 (1) the rights of any Indian tribe; or 

2 (2) tribal rights regarding access to Federal 

3 land for tribal activities, including spiritual, cultural, 

4 and traditional food-gathering activities. 

5 SEC. 9. RELEASE OF WILDERNESS STUDY AREAS. 

6 (a) FINDING.—Congress finds that, for the purposes 

7 of section 603 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 

9 Management land in any portion of the Blue Lakes and 

10 Alder Creek wilderness study areas not designated as wil11 derness by section 4(a) has been adequately studied for 

12 wilderness designation. 

13 (b) RELEASE.—Any public land described in sub14 section (a) that is not designated as wilderness by this 

15 Act— 

16 (1) is no longer subject to section 603(c) of the 

17 Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1782(c)); 

19 (2) shall be managed in accordance with— 

20 (A) land management plans adopted under 

21 section 202 of that Act (43 U.S.C. 1712); and 

22 (B) cooperative conservation agreements in 

23 existence on the date of enactment of this Act; 

24 and 


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1 (3) shall be subject to the Endangered Species 

2 Act of 1973 (16 U.S.C. 1531 et seq.). 

3 SEC. 10. WILDLIFE MANAGEMENT. 

4 (a) IN GENERAL.—In accordance with section 

5 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

6 nothing in this Act affects or diminishes the jurisdiction 

7 of the State with respect to fish and wildlife management, 

8 including the regulation of hunting, fishing, and trapping, 

9 in the wilderness area designated by this Act. 

10 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

11 the purposes and principles of the Wilderness Act (16 

12 U.S.C. 1131 et seq.), management activities to maintain 

13 or restore fish and wildlife populations and the habitats 

14 to support the populations may be carried out within the 

15 wilderness area designated by this Act, if the activities are 

16 carried out— 

17 (1) consistent with relevant wilderness manage18 ment plans; and 

19 (2) in accordance with— 

20 (A) the Wilderness Act (16 U.S.C. 1131 et 

21 seq.); and 

22 (B) appropriate policies, such as those set 

23 forth in Appendix B of House Report 101–405, 

24 including the occasional and temporary use of 

25 motorized vehicles if the use, as determined by 


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1 the Secretary, would promote healthy, viable, 

2 and more naturally distributed wildlife popu3 lations that would enhance wilderness values 

4 with the minimal impact necessary to reason5 ably accomplish those tasks. 

6 (c) EXISTING ACTIVITIES.—Consistent with section 

7 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

8 in accordance with appropriate policies such as those set 

9 forth in Appendix B of House Report 101–405, the State 

10 may continue to use aircraft, including helicopters, to sur11 vey, capture, transplant, monitor, and provide water for 

12 wildlife populations. 

13 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

14 Subject to subsection (f), the Secretary shall authorize 

15 structures and facilities, including existing structures and 

16 facilities, for wildlife water development projects, including 

17 guzzlers, in the wilderness areas designated by section 

18 4(a) if— 

19 (1) the structures and facilities will, as deter20 mined by the Secretary, enhance wilderness values 

21 by promoting healthy, viable, and more naturally 

22 distributed wildlife populations; and 

23 (2) the visual impacts of the structures and fa24 cilities on the wilderness areas can reasonably be 

25 minimized. 


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1 (e) HUNTING, FISHING, AND TRAPPING.— 

2 (1) IN GENERAL.—The Secretary may des3 ignate, by regulation, areas in which, and establish 

4 periods during which, for reasons of public safety, 

5 administration, or compliance with applicable laws, 

6 no hunting, fishing, or trapping will be permitted in 

7 the wilderness areas designated by section 4(a). 

8 (2) CONSULTATION.—Except in emergencies, 

9 the Secretary shall consult with the appropriate 

10 State agency before promulgating regulations under 

11 paragraph (1). 

12 (f) COOPERATIVE AGREEMENT.— 

13 (1) IN GENERAL.—The State, including a des14 ignee of the State, may conduct wildlife management 

15 activities in the wilderness area designated by this 

16 Act— 

17 (A) in accordance with the terms and con18 ditions specified in the cooperative agreement 

19 between the Secretary and the State entitled 

20 ‘‘Memorandum of Understanding between the 

21 Bureau of Land Management and the Nevada 

22 Department of Wildlife Supplement No. 9’’ and 

23 signed November and December 2003, includ24 ing any amendments to the cooperative agreeVerDate Mar 15 2010 01:50 Nov 04, 2011 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1788.IS S1788

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1 ment agreed to by the Secretary and the State; 

2 and 

3 (B) subject to all applicable laws (including 

4 regulations). 

5 (2) REFERENCES; CLARK COUNTY.—For the 

6 purposes of this subsection, any reference to Clark 

7 County in the cooperative agreement described in 

8 paragraph (1)(A) shall be considered to be a ref9 erence to the Pine Forest Range Wilderness. 

10 SEC. 11. WILDFIRE, INSECT, AND DISEASE MANAGEMENT. 

11 (a) IN GENERAL.—Consistent with section 4(d)(1) of 

12 the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary 

13 may take such measures in the wilderness designated by 

14 this Act as may be necessary for the control of fire, in15 sects, and diseases (including, as the Secretary determines 

16 to be appropriate, the coordination of the activities with 

17 a State or local agency). 

18 (b) EFFECT.—Nothing in this Act precludes a Fed19 eral, State, or local agency from conducting wildfire man20 agement operations (including operations using aircraft or 

21 mechanized equipment). 

22 SEC. 12. CLIMATOLOGICAL DATA COLLECTION. 

23 If the Secretary determines that hydrologic, meteoro24 logic, or climatological collection devices are appropriate 

25 to further the scientific, educational, and conservation 


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1 purposes of the wilderness area designated by this Act, 

2 nothing in this Act precludes the installation and mainte3 nance of the collection devices within the wilderness area. 

4 SEC. 13. LAND EXCHANGES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means Federal land in the County that— 

8 (A) is not segregated or withdrawn on or 

9 after the date of enactment of this Act; 

10 (B) is identified for disposal by the Bureau 

11 of Land Management through the Winnemucca 

12 Resource Management Plan; and 

13 (C) is determined by the Bureau of Land 

14 Management to be appropriate for exchange 

15 consistent with section 206 of the Federal Land 

16 Policy and Management Act of 1976 (43 U.S.C. 

17 1716). 

18 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means land identified on the Map as 

20 ‘‘non-Federal lands for exchange’’. 

21 (b) ACQUISITION OF LAND AND INTERESTS IN

22 LAND.— 

23 (1) IN GENERAL.—Consistent with applicable 

24 law and subject to subsection (c), the Secretary may 

25 exchange the Federal land for non-Federal land. 


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1 (2) INCORPORATION OF ACQUIRED LAND.—Any 

2 non-Federal land or interest in non-Federal land in, 

3 or adjoining the boundary of, the Pine Forest Range 

4 Wilderness Area that is acquired by the United 

5 States shall be added to, and administered as part 

6 of, the Pine Forest Range Wilderness Area. 

7 (c) CONDITIONS.—Each land exchange under sub8 section (a) shall be subject to— 

9 (1) the condition that the owner of the non10 Federal land pay not less than 50 percent of all 

11 costs relating to the land exchange, including the 

12 costs of appraisals, surveys, and any necessary envi13 ronmental clearances; and 

14 (2) such additional terms and conditions as the 

15 Secretary may require. 

16 (d) DEADLINE FOR COMPLETION OF LAND EX17 CHANGE.—It is the intent of Congress that the land ex18 changes under this section be completed by not later than 

19 5 years after the date of enactment of this Act. 

Æ 


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