I 

111TH CONGRESS 

2D SESSION H. R. 6280 

To designate certain lands in the State of Colorado as components of the 

National Wilderness Preservation System, to designate the Red Table 

Mountain, Pisgah Mountain, Castle Peak, Tenmile, and Hoosier Ridge 

Special Management Areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. POLIS of Colorado introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, 

to designate the Red Table Mountain, Pisgah Mountain, 

Castle Peak, Tenmile, and Hoosier Ridge Special Management 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 ‘‘Eagle and Summit County Wilderness Preservation 

6 Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Designation of additional wilderness in the State of Colorado. 

Sec. 4. Red Table Mountain, Pisgah Mountain, and Castle Peak special management areas. 

Sec. 5. Tenmile and Hoosier Ridge special management areas. 

Sec. 6. Porcupine Gulch Protection Area. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) SECRETARY CONCERNED.—The term ‘‘Sec6 retary concerned’’ means— 

7 (A) the Secretary of Agriculture, with re8 spect to National Forest System land; and 

9 (B) the Secretary of the Interior, with re10 spect to public land administered by the Sec11 retary of the Interior through the Bureau of 

12 Land Management. 

13 (2) WILDERNESS AREA.—The term ‘‘wilderness 

14 area’’ means each wilderness area designated, or 

15 area of National Forest System land incorporated in 

16 an existing wilderness area, by the amendments 

17 made by sections 3(a) and 4(c). 

18 SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS IN THE 

19 STATE OF COLORADO. 

20 (a) DESIGNATION.—Section 2(a) of the Colorado Wil21 derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 

22 16 U.S.C. 1132 note) is amended— 


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1 (1) in paragraph (18), by striking ‘‘1993,’’ and 

2 inserting ‘‘1993, and certain lands in the Acorn 

3 Creek/Ute Pass and Ptarmigan A areas of the White 

4 River National Forest which comprise approximately 

5 6,190 acres, as depicted on a map entitled ‘Addi6 tions to Ptarmigan Peak Wilderness Proposal’ and 

7 dated September 2010,’’; and 

8 (2) by adding at the end the following new 

9 paragraphs: 

10 ‘‘(22) Certain lands in the White River Na11 tional Forest which comprise approximately 4,440 

12 acres, as depicted on a map entitled ‘Hoosier Ridge 

13 Proposal’ and dated September 2010, and which 

14 shall be known as the Hoosier Ridge Wilderness. 

15 ‘‘(23) Certain lands in the White River Na16 tional Forest which comprise approximately 6,900 

17 acres, as depicted on a map entitled ‘Adam Moun18 tain Wilderness Proposal’ and dated September 

19 2010, and which shall be known as the Adam Moun20 tain Wilderness. 

21 ‘‘(24) Certain lands in the White River Na22 tional Forest which comprise approximately 3,770 

23 acres, as depicted on a map entitled ‘Tenmile Pro24 posal’ and dated September 2010, and which shall 

25 be known as the Tenmile Wilderness. 


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1 ‘‘(25) Certain lands in the White River Na2 tional Forest which comprise approximately 8,960 

3 acres, as depicted on a map entitled ‘Williams Fork 

4 Wilderness Proposal’ and dated September 2010, 

5 and which shall be known as the Williams Fork Wil6 derness. 

7 ‘‘(26) Certain public lands administered by the 

8 Colorado River Valley Field Office of the Bureau of 

9 Land Management which comprise approximately 

10 14,670 acres, as depicted on a map entitled ‘Bull 

11 Gulch Wilderness Proposal’ and dated September 

12 2010, and which shall be known as the Bull Gulch 

13 Wilderness. 

14 ‘‘(27) Certain lands administered by the Colo15 rado River Valley Field Office of the Bureau of 

16 Land Management which comprise approximately 

17 12,080 acres, as depicted on a map entitled ‘Castle 

18 Peak Proposal’ and dated September 2010, and 

19 which shall be known as the Castle Peak Wilderness. 

20 ‘‘(28) Certain lands in the No Name, West 

21 Lake Creek, and Woods Lake areas of the White 

22 River National Forest which comprise approximately 

23 14,500 acres, as depicted on a map entitled ‘Addi24 tions to Holy Cross Wilderness Proposal’ and dated 

25 September 2010, and which are hereby incorporated 


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1 in and shall be deemed to be a part of the Holy 

2 Cross Wilderness designated by section 102(a)(5) of 

3 Public Law 96–560 (94 Stat. 3266). 

4 ‘‘(29) Certain lands in the Freeman Creek and 

5 Spraddle Creek areas of the White River National 

6 Forest which comprise approximately 10,280 acres, 

7 as depicted on a map entitled ‘Additions to Eagles 

8 Nest Wilderness Proposal’ and dated September 

9 2010, and which are hereby incorporated in and 

10 shall be deemed to be a part of the Eagles Nest Wil11 derness designated by the first section of Public Law 

12 94–352 (90 Stat. 870).’’. 

13 (b) MAPS AND LEGAL DESCRIPTIONS.— 

14 (1) FILING.—As soon as practicable after the 

15 date of enactment of this Act, the Secretary con16 cerned shall file a map and a legal description of 

17 each wilderness area with— 

18 (A) the Committee on Energy and Natural 

19 Resources of the Senate; and 

20 (B) the Committee on Natural Resources 

21 of the House of Representatives. 

22 (2) FORCE OF LAW.—The maps and legal de23 scriptions filed under paragraph (1) shall have the 

24 same force and effect as if included in this Act, exVerDate Mar 15 2010 00:51 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6280.IH H6280

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1 cept that the Secretary concerned may correct typo2 graphical errors in the maps and legal descriptions. 

3 (3) PUBLIC AVAILABILITY.—Each map and 

4 legal description filed under paragraph (1) shall be 

5 on file and available for public inspection in the ap6 propriate offices of the Forest Service or Bureau of 

7 Land Management. 

8 (c) ADMINISTRATION.—Subject to valid existing 

9 rights, the wilderness areas shall be administered by the 

10 Secretary concerned in accordance with this section, Pub11 lic Law 103–77, and the Wilderness Act (16 U.S.C. 1131 

12 et seq.), except that— 

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

14 effective date of that Act shall be considered to be 

15 a reference to the date of the enactment of this Act; 

16 and 

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

18 Secretary of Agriculture shall be considered to be a 

19 reference to the Secretary concerned. 

20 (d) FIRE MANAGEMENT AND RELATED ACTIVI21 TIES.— 

22 (1) AUTHORITY.—The Secretary concerned may 

23 take such measures in a wilderness area as are nec24 essary for the control of fire, insects, and diseases 

25 in accordance with section 4(d)(1) of the Wilderness 


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1 Act (16 U.S.C. 1133(d)(1)) and House Report 98– 

2 40 of the 98th Congress. 

3 (2) FUNDING PRIORITIES.—Nothing in this sec4 tion limits funding for fire and fuels management in 

5 the wilderness areas. 

6 (3) REVISION AND DEVELOPMENT OF LOCAL

7 FIRE MANAGEMENT PLANS.—As soon as practicable 

8 after the date of enactment of this Act, the Sec9 retary concerned shall amend the local fire manage10 ment plans that apply to the wilderness areas. 

11 (4) ADMINISTRATION.—Consistent with para12 graph (1) and other applicable Federal law, to en13 sure a timely and efficient response to fire emer14 gencies in the wilderness areas, the Secretary con15 cerned shall— 

16 (A) not later than 1 year after the date of 

17 enactment of this Act, establish agency ap18 proval procedures (including appropriate delega19 tions of authority to the Forest Supervisor, Dis20 trict Manager, or other agency officials) for re21 sponding to fire emergencies; and 

22 (B) enter into agreements with the State 

23 of Colorado or local firefighting agencies. 

24 (e) USE OF HORSES.—Subject to any terms and con25 ditions determined to be necessary by the Secretary conVerDate Mar 15 2010 00:51 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6280.IH H6280

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1 cerned, nothing in this section precludes horseback riding 

2 in, or the entry of recreational or commercial saddle or 

3 pack stock into, a wilderness area in accordance with the 

4 Wilderness Act (16 U.S.C. 1131). 

5 (f) MILITARY HELICOPTER OVERFLIGHTS.— 

6 (1) IN GENERAL.—Nothing in this Act restricts 

7 or precludes, or should cause any other Federal reg8 ulation to restrict or preclude— 

9 (A) low-level overflights of military heli10 copters over the wilderness areas, including 

11 military overflights that can be seen or heard 

12 within the wilderness areas; 

13 (B) flight testing, and evaluation over the 

14 wilderness areas; or 

15 (C) the designation or creation of new 

16 units of special use airspace, or the establish17 ment of military flight training routes, over the 

18 wilderness areas. 

19 (2) MILITARY AERIAL NAVIGATION TRAINING

20 EXERCISES.—The Colorado Army National Guard, 

21 through the High-Altitude Army National Guard 

22 Aviation Training Site, may conduct aerial naviga23 tion training maneuver exercises over the wilderness 

24 areas designated by the amendment made by sub25 section (a)(2)— 


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1 (A) in the manner and degree consistent 

2 with current authorizations, and under current 

3 interagency agreements, in effect as of the date 

4 of the enactment of this Act; or 

5 (B) in a manner consistent with subse6 quent interagency agreements between the Colo7 rado Army National Guard or Department of 

8 Defense and the Bureau of Land Management 

9 or the Forest Service. 

10 (g) RELEASE OF WILDERNESS STUDY AREAS.— 

11 (1) FINDING.—Congress finds that, for the pur12 poses of section 603(c) of the Federal Land Policy 

13 and Management Act of 1976 (43 U.S.C. 1782(c)), 

14 the portions of the Castle Peak and Bull Gulch wil15 derness study areas that are not designated wilder16 ness by the amendment made by subsection (a)(2) 

17 have been adequately studied for wilderness designa18 tion. 

19 (2) RELEASE.—Any public land referred to in 

20 paragraph (1) that is not designated as wilderness 

21 by the amendment made by subsection (a)(2)— 

22 (A) has been adequately studied for wilder23 ness designation pursuant to section 603(c) of 

24 the Federal Land Policy and Management Act 

25 of 1976 (43 U.S.C. 1782(c)); 


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1 (B) is no longer subject to such section; 

2 and 

3 (C) shall be managed in accordance with 

4 the applicable land use plan adopted under sec5 tion 202 of that Act (43 U.S.C. 1712). 

6 SEC. 4. RED TABLE MOUNTAIN, PISGAH MOUNTAIN, AND 

7 CASTLE PEAK SPECIAL MANAGEMENT AREAS. 

8 (a) DESIGNATION OF ADDITIONAL AREAS.—Section 

9 9(a) of the Colorado Wilderness Act of 1993 (Public Law 

10 103–77; 107 Stat. 764) is amended by adding at the end 

11 the following new paragraphs: 

12 ‘‘(4) Certain lands in the White River National 

13 Forest, comprising approximately 55,320 acres as 

14 generally depicted on a map entitled ‘Red Table 

15 Mountain Area’ and dated September 2010, except 

16 that, with respect to these lands and consistent with 

17 this section, the Secretary of Agriculture may take 

18 any measures that the Secretary determines to be 

19 necessary to control fire, insects, and diseases, in20 cluding, as the Secretary determines appropriate, the 

21 coordination of those activities with the State of Col22 orado or a local agency. 

23 ‘‘(5) Certain public lands administered by the 

24 Colorado River Valley Field Office of the Bureau of 

25 Land Management, comprising approximately 


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1 13,770 acres as generally depicted on a map entitled 

2 ‘Pisgah Mountain Area’ and dated September 2010. 

3 ‘‘(6) Certain public lands administered by the 

4 Colorado River Valley Field Office of the Bureau of 

5 Land Management, comprising approximately 4,000 

6 acres as generally depicted on a map entitled ‘Castle 

7 Peak Area’ and dated September 2010.’’. 

8 (b) MANAGEMENT.—Section 9(b) of the Colorado 

9 Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 

10 764) is amended— 

11 (1) in paragraph (4), by striking the second 

12 sentence; and 

13 (2) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(4)(A) Except as otherwise provided in this Act, 

16 mechanized or motorized travel shall not be permitted in 

17 areas described in subsection (a). 

18 ‘‘(B)(i) The Secretary of Agriculture may permit mo19 torized travel on trail number 535 in the San Juan Na20 tional Forest during periods of adequate snow cover. 

21 ‘‘(ii) The Secretary of Agriculture shall permit bicycle 

22 travel on trail number 1912.1 (Red Hill) to the intersec23 tion with trail number 1870.1 (Mount Thomas), and on 

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1 tion with trail number 1912.1 (Red Hill) in the White 

2 River National Forest. 

3 ‘‘(5)(A) Nothing in this Act shall restrict, preclude 

4 or otherwise affect the use by the Colorado Army National 

5 Guard, a reserve component of the Armed Forces, of the 

6 Red Table Mountain Area, Pisgah Mountain Area or Cas7 tle Peak Area for helicopter training, testing, evaluation, 

8 emergency response, or other related air and ground oper9 ations— 

10 ‘‘(i) in the manner and degree such uses were 

11 authorized to occur on the date of the enactment of 

12 the Eagle and Summit County Wilderness Preserva13 tion Act; or 

14 ‘‘(ii) as authorized under future agreements be15 tween the Secretary of Agriculture, on behalf of the 

16 Forest Service, the Secretary of the Interior, on be17 half of the Bureau of Land Management, and the 

18 Secretary of Defense. 

19 ‘‘(B) Nothing in this Act restricts or precludes, or 

20 should cause any other Federal regulation to restrict or 

21 preclude— 

22 ‘‘(i) low-level overflights of military helicopters 

23 over the Red Table Area, Pisgah Mountain Area, or 

24 Castle Peak Area; 


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1 ‘‘(ii) takeoffs or landings, or related air and 

2 ground operations in the event of an emergency or 

3 a search and rescue, emergency response, or recov4 ery operation; or 

5 ‘‘(iii) the designation, modification, or creation 

6 of new units of special use airspace, or the establish7 ment of military flight training routes, over the Red 

8 Table Mountain Area, Pisgah Mountain Area, or 

9 Castle Peak Area. 

10 ‘‘(C) Nothing in this Act shall create any protective 

11 perimeter or buffer zone. The fact that military activities 

12 or uses can be seen or heard from within the Red Table 

13 Mountain Area, Pisgah Mountain Area, or Castle Peak 

14 Area shall not preclude the conduct of those activities or 

15 uses outside the boundary of each area.’’. 

16 (c) EVENTUAL WILDERNESS DESIGNATION FOR CAS17 TLE PEAK AND PISGAH MOUNTAIN AREAS.—Section 9 of 

18 the Colorado Wilderness Act of 1993 (Public Law 103– 

19 77; 107 Stat. 764) is amended by adding at the end the 

20 following new subsection: 

21 ‘‘(d) EVENTUAL WILDERNESS DESIGNATION FOR

22 CASTLE PEAK AND PISGAH MOUNTAIN AREAS.— 

23 ‘‘(1) IN GENERAL.—The Castle Peak and Pis24 gah Mountain areas designated by subsection (a) 

25 shall be designated as wilderness on the date on 


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1 which the Secretary, in consultation with the Sec2 retary of Defense, publishes in the Federal Register 

3 a notice that the Castle Peak and Pisgah Mountain 

4 areas are no longer needed by the Colorado Army 

5 National Guard for helicopter training, testing, or 

6 evaluation. 

7 ‘‘(2) DESIGNATION.—Upon designation under 

8 paragraph (1)— 

9 ‘‘(A) the Castle Peak area shall be known 

10 as the Castle Peak Wilderness; and 

11 ‘‘(B) the Pisgah Mountain area shall be 

12 known as the Pisgah Mountain Wilderness. 

13 ‘‘(3) ADMINISTRATION.—Subject to valid exist14 ing rights, the land designated as wilderness by this 

15 subsection shall be administered by the Secretary in 

16 accordance with this Act and the Wilderness Act (16 

17 U.S.C. 1131 et seq.).’’. 

18 (d) CROSS REFERENCE AMENDMENT.—Section 

19 8(b)(2)(A) of the Colorado Wilderness Act of 1993 (Public 

20 Law 103–77; 107 Stat. 762) is amended by striking 

21 ‘‘Piedra, Roubideau, and Tabeguache areas’’ and inserting 

22 ‘‘special management areas’’. 

23 (e) CLERICAL AMENDMENT.—The heading of section 

24 9 of the Colorado Wilderness Act of 1993 (Public Law 

25 103–77; 107 Stat. 764) is amended to read as follows: 


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1 ‘‘SEC. 9. DESIGNATION OF SPECIAL MANAGEMENT AREAS.’’. 

2 SEC. 5. TENMILE AND HOOSIER RIDGE SPECIAL MANAGE3 MENT AREAS. 

4 (a) DESIGNATION.—The following are hereby des5 ignated as special management areas: 

6 (1) Certain Federal land located in the White 

7 River National Forest, comprising approximately 

8 3,240 acres, as generally depicted on the map enti9 tled ‘‘Tenmile Proposal’’ and dated September 2010, 

10 which is designated as the Tenmile Special Manage11 ment Area. 

12 (2) Certain Federal land located in the White 

13 River National Forest, comprising approximately 

14 1,620 acres, as generally depicted on the map enti15 tled ‘‘Hoosier Ridge Proposal’’ and dated September 

16 2010, which is designated as the Hoosier Ridge Spe17 cial Management Area. 

18 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

20 the date of enactment of this Act, the Secretary of 

21 Agriculture shall file a map and a legal description 

22 of the special management areas designated by sub23 section (a) (referred to in this section as the ‘‘special 

24 management areas’’) with— 

25 (A) the Committee on Energy and Natural 

26 Resources of the Senate; and 


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1 (B) the Committee on Natural Resources 

2 of the House of Representatives. 

3 (2) FORCE OF LAW.—The maps and legal de4 scriptions filed under paragraph (1) shall have the 

5 same force and effect as if included in this Act, ex6 cept that the Secretary may correct typographical 

7 errors in the maps and legal descriptions. 

8 (3) PUBLIC AVAILABILITY.—Each map and 

9 legal description filed under paragraph (1) shall be 

10 on file and available for public inspection in the ap11 propriate offices of the Forest Service. 

12 (c) ADMINISTRATION.—The Secretary of Agriculture 

13 shall administer the special management areas in accord14 ance with this section and any laws (including regulations) 

15 relating to the National Forest System. 

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

17 the Federal land in the special management areas is with18 drawn from all forms of— 

19 (1) entry, appropriation, or disposal under the 

20 public land laws; 

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

22 laws; and 

23 (3) disposition under all laws pertaining to min24 eral and geothermal leasing or mineral materials. 


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1 (e) PROHIBITED USES.—Except as provided in sub2 section (g), the following shall be prohibited on the Fed3 eral land within the special management areas: 

4 (1) Permanent roads. 

5 (2) Permanent structures. 

6 (3) Timber harvesting. 

7 (4) Except as necessary to meet the minimum 

8 requirements for the administration of the special 

9 management areas and to protect public health and 

10 safety— 

11 (A) the use of motorized vehicles; or 

12 (B) the establishment of temporary roads. 

13 (5) Commercial enterprises, except as nec14 essary— 

15 (A) for realizing the recreational or other 

16 wilderness purposes of the special management 

17 areas; or 

18 (B) to fulfill the purposes of subsections 

19 (f) and (g). 

20 (f) WILDFIRE, INSECT, AND DISEASE MANAGE21 MENT.—Consistent with this section, the Secretary of Ag22 riculture may take any measures that the Secretary deter23 mines to be necessary to control fire, insects, and diseases, 

24 including, as the Secretary determines appropriate, the coVerDate Mar 15 2010 00:51 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6280.IH H6280

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1 ordination of those activities with the State of Colorado 

2 or local agency. 

3 (g) REGIONAL TRANSPORTATION PROJECTS.—Noth4 ing in this section precludes the Secretary of Agriculture 

5 from authorizing, consistent with applicable laws (includ6 ing regulations), the use or lease of Federal land within 

7 the Tenmile Special Management Area for— 

8 (1) regional transportation projects, including 

9 highway widening or realignment and construction 

10 of multimodal transportation systems; and 

11 (2) infrastructure, activities, or safety measures 

12 associated with the implementation or utilization of 

13 those facilities. 

14 SEC. 6. PORCUPINE GULCH PROTECTION AREA. 

15 (a) DESIGNATION.—Certain Federal land located in 

16 the White River National Forest, comprising approxi17 mately 6,180 acres, as generally depicted on the map enti18 tled ‘‘Porcupine Gulch Protection Area’’ and dated Sep19 tember 2010, which is hereby designated as the Porcupine 

20 Gulch Protection Area (referred to in this section as the 

21 ‘‘protection area’’). 

22 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

24 the date of enactment of this Act, the Secretary of 


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1 Agriculture shall file a map and a legal description 

2 of the protection area with— 

3 (A) the Committee on Natural Resources 

4 of the House of Representatives; and 

5 (B) the Committee on Energy and Natural 

6 Resources of the Senate. 

7 (2) FORCE OF LAW.—The map and legal de8 scription filed under paragraph (1) shall have the 

9 same force and effect as if included in this Act, ex10 cept that the Secretary may correct typographical 

11 errors in the map and legal description. 

12 (3) PUBLIC AVAILABILITY.—The map and legal 

13 description filed under paragraph (1) shall be on file 

14 and available for public inspection in the appropriate 

15 offices of the Forest Service. 

16 (c) ADMINISTRATION.—The Secretary of Agriculture 

17 shall administer the protection area— 

18 (1) in accordance with this section and any laws 

19 (including regulations) relating to the National For20 est System; and 

21 (2) except as provided in subsection (f), to 

22 maintain the area’s wilderness character and poten23 tial for inclusion in the National Wilderness Preser24 vation System. 


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

2 the Federal land in the protection area is withdrawn from 

3 all forms of— 

4 (1) entry, appropriation, or disposal under the 

5 public land laws; 

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

7 laws; and 

8 (3) disposition under all laws pertaining to min9 eral and geothermal leasing or mineral materials. 

10 (e) PROHIBITED USES.—Except as provided in sub11 section (f), the following shall be prohibited on the Federal 

12 land within the protection area: 

13 (1) Permanent or temporary roads. 

14 (2) Permanent structures. 

15 (3) Commercial enterprises. 

16 (4) Timber harvesting. 

17 (5) Motorized and mechanized vehicles. 

18 (f) REGIONAL TRANSPORTATION PROJECTS.—Noth19 ing in this section precludes the Secretary from author20 izing, consistent with applicable laws (including regula21 tions), the use or lease of Federal land within the protec22 tion area for— 

23 (1) regional transportation projects, including 

24 highway widening or realignment and construction 

25 of multimodal transportation systems; and 


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1 (2) infrastructure, activities, or safety measures 

2 associated with the implementation or utilization of 

3 those facilities. 

4 (g) WILDFIRE, INSECT, AND DISEASE MANAGE5 MENT.—Consistent with this section, the Secretary of Ag6 riculture may take any measures that the Secretary deter7 mines to be necessary to control fire, insects, and diseases, 

8 including, as the Secretary determines appropriate, the co9 ordination of those activities with a State or local agency. 

10 (h) MILITARY OVERFLIGHTS.—Nothing in this sec11 tion restricts or precludes— 

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

13 the Porcupine Gulch area, including military over14 flights that can be seen or heard within the protec15 tion area; 

16 (2) flight testing and evaluation; or 

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

18 special use airspace, or the establishment of military 

19 flight training routes, over the protection area. 

Æ 


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