I 

113TH CONGRESS 

2D SESSION H. R. 5437 

To expand the Pajarita Wilderness and designate the Tumacacori Highlands 

Wilderness in Coronado National Forest, Arizona, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2014 

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

Committee on Natural Resources 

A BILL 

To expand the Pajarita Wilderness and designate the 

Tumacacori Highlands Wilderness in Coronado National 

Forest, Arizona, 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. 

4 This Act may be cited as the ‘‘Tumacacori Highlands 

5 Wilderness Act’’. 

6 SEC. 2. EXPANSION OF PAJARITA WILDERNESS, CORONADO 

7 NATIONAL FOREST, ARIZONA. 

8 (a) EXPANSION.—Section 101(a)(17) of the Arizona 

9 Wilderness Act of 1984 (Public Law 98–406; 98 Stat. 

10 1487; 16 U.S.C. 1132 note) is amended by inserting after 


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1 ‘‘1984,’’ the following: ‘‘and which comprise approximately 

2 13,300 acres, as generally depicted on a map entitled ‘Pro3 posed Tumacacori Highlands Wilderness and Pajarita 

4 Wilderness Addition’ and dated February 18, 2009,’’. 

5 (b) MAP AND LEGAL DESCRIPTION.—As soon as 

6 practicable after the date of the enactment of this Act, 

7 the Secretary of Agriculture shall submit a copy of the 

8 map referred to in the amendment made by subsection (a) 

9 and a legal description of the National Forest System land 

10 included in the Pajarita Wilderness by the amendment 

11 with the Committee on Energy and Natural Resources of 

12 the Senate and the Committee on Natural Resources of 

13 the House of Representatives. The map and legal descrip14 tion shall have the same force and effect as if included 

15 in the Arizona Wilderness Act of 1984, except that the 

16 Secretary may correct clerical and typographical errors in 

17 the map and legal description. The map and legal descrip18 tion shall be on file and available for public inspection in 

19 the appropriate offices of the Forest Service. 

20 SEC. 3. DESIGNATION OF TUMACACORI HIGHLANDS WIL21 DERNESS, CORONADO NATIONAL FOREST, 

22 ARIZONA. 

23 (a) DESIGNATION.—In furtherance of the purposes of 

24 the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands 

25 in the Coronado National Forest, Arizona, which comprise 


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1 approximately 70,000 acres, as generally depicted on a 

2 map entitled ‘‘Proposed Tumacacori Highlands Wilder3 ness and Pajarita Wilderness Addition’’ and dated Feb4 ruary 18, 2009, are hereby designated as wilderness and, 

5 therefore, as a component of the National Wilderness 

6 Preservation System, which shall be known as the 

7 ‘‘Tumacacori Highlands Wilderness’’. 

8 (b) MAP AND LEGAL DESCRIPTION.—As soon as 

9 practicable after the date of the enactment of this Act, 

10 the Secretary of Agriculture shall submit a copy of the 

11 map referred to in subsection (a) and a legal description 

12 of the Tumacacori Highlands Wilderness with the Com13 mittee on Energy and Natural Resources of the Senate 

14 and the Committee on Natural Resources of the House 

15 of Representatives. The map and legal description shall 

16 have the same force and effect as if included in this Act, 

17 except that the Secretary may correct clerical and typo18 graphical errors in the map and legal description. The 

19 map and legal description shall be on file and available 

20 for public inspection in the appropriate offices of the For21 est Service. 

22 SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. 

23 (a) COVERED WILDERNESS AREAS.—In this section, 

24 the term ‘‘covered wilderness area’’ means— 


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1 (1) the National Forest System land included in 

2 the Pajarita Wilderness by the amendment made by 

3 section 2(a); and 

4 (2) the Tumacacori Highlands Wilderness des5 ignated by section 3(a). 

6 (b) ADMINISTRATION.—The Secretary of Agriculture 

7 shall manage the covered wilderness area in accordance 

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

9 section, except that, with respect to a covered wilderness 

10 area, any reference in the Wilderness Act to the effective 

11 date of the Wilderness Act shall be deemed to be a ref12 erence to the date of the enactment of this Act. 

13 (c) VALID EXISTING RIGHTS.—Nothing in this sec14 tion shall affect any valid existing right. 

15 (d) BUFFER ZONES.—As provided in section 101(d) 

16 of the Arizona Wilderness Act of 1984 (Public Law 98– 

17 406; 98 Stat. 1488), Congress does not intend that des18 ignation of a covered wilderness area lead to the creation 

19 of protective perimeters or buffer zones around the cov20 ered wilderness area. The fact that nonwilderness activi21 ties or uses can be seen or heard from areas within a cov22 ered wilderness area shall not, of itself, preclude such ac23 tivities or uses up to the boundary of the covered wilder24 ness area. 


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1 (e) GRAZING.—Grazing of livestock and maintenance 

2 of existing facilities related to grazing in a covered wilder3 ness area, where established before the date of the enact4 ment of this Act, shall be permitted to continue in accord5 ance with— 

6 (1) section 4(d)(4) of the Wilderness Act (16 

7 U.S.C. 1133(d)(4)); and 

8 (2) the guidelines set forth in House Report 

9 96–617 to accompany H.R. 5487 of the 96th Con10 gress. 

11 (f) HUNTING, FISH AND WILDLIFE.— 

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

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

14 hunting, under applicable State and Federal laws 

15 and regulations, within a covered wilderness area. 

16 (2) JURISDICTION.—As provided in section 

17 4(d)(7) of the Wilderness Act (16 U.S.C. 

18 1133(d)(7)), nothing in this section or the Wilder19 ness Act shall be construed as affecting the jurisdic20 tion or responsibilities of the State of Arizona with 

21 respect to fish and wildlife in the State. 

22 (3) WILDLIFE MANAGEMENT.—Management ac23 tivities to maintain or restore fish and wildlife popu24 lations and the habitats to support such populations 

25 may be carried out within a covered wilderness area, 


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

2 1131 et seq.) and other applicable laws. 

3 (4) COOPERATIVE AGREEMENT.—The Secretary 

4 shall enter into a cooperative agreement with the 

5 State of Arizona for management of fish and wildlife 

6 within a covered wilderness area. The cooperative 

7 agreement shall specify the terms and conditions 

8 under which the State or a designee of the State 

9 may use wildlife management activities in a covered 

10 wilderness area consistent with the Wilderness Act 

11 (16 U.S.C. 1131 et seq.), and other applicable laws. 

12 (g) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

13 this section shall be construed to diminish the existing 

14 rights of any Indian tribe. Nothing in this section shall 

15 be construed to diminish tribal rights regarding access to 

16 Federal lands for tribal activities, including spiritual, cul17 tural, and traditional food gathering activities. 

18 (h) MILITARY ACTIVITIES.—Nothing in this section 

19 shall preclude low level overflights of military aircraft, the 

20 designation of new units of special airspace, or the use 

21 or establishment of military flight training routes over a 

22 covered wilderness area. 

23 (i) BORDER ENFORCEMENT AND DRUG INTERDIC24 TION.—Because of the proximity of the covered wilderness 

25 areas to the United States-Mexico international border, 


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1 drug interdiction and border enforcement operations are 

2 common management actions throughout the area encom3 passing the covered wilderness areas. This Act recognizes 

4 the need to continue such management actions so long as 

5 such management actions are conducted in accordance 

6 with the Wilderness Act (16 U.S.C. 1131 et seq.) and ex7 isting inter-agency agreements. 

8 (j) MAINTENANCE OF EXISTING COMMUNICATIONS

9 FACILITIES.—The provisions of the Wilderness Act shall 

10 not be construed to prevent— 

11 (1) the maintenance of communications facili12 ties, in existence on the date of the enactment of 

13 this Act and located in a covered wilderness area; or 

14 (2) limited motorized access to such facilities 

15 when nonmotorized access means are not reasonably 

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

17 such conditions as the Secretary of Agriculture con18 siders to be desirable. 

Æ 


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