II 

Calendar No. 113 

113TH CONGRESS 

1ST SESSION S. 342 

[Report No. 113–59] 

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

Nevada. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

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 

JUNE 27, 2013 

Reported by Mr. WYDEN, without amendment 

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. 

4 This Act may be cited as the ‘‘Pine Forest Range 

5 Recreation Enhancement Act of 2013’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Humboldt County, Nevada. 

5 (2) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘Proposed Pine Forest Wilderness Area’’ and 

7 dated July 5, 2011. 

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

9 the Secretary of the Interior. 

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

11 of Nevada. 

12 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

13 means the Pine Forest Range Wilderness designated 

14 by section 3(a). 

15 SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVA16 TION SYSTEM. 

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

18 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi19 mately 26,000 acres of Federal land managed by the Bu20 reau of Land Management, as generally depicted on the 

21 Map, is designated as wilderness and as a component of 

22 the National Wilderness Preservation System, to be known 

23 as the ‘‘Pine Forest Range Wilderness’’. 

24 (b) BOUNDARY.— 


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1 (1) ROAD ACCESS.—The boundary of any por2 tion of the Wilderness that is bordered by a road 

3 shall be 100 feet from the edge of the road. 

4 (2) ROAD ADJUSTMENTS.—The Secretary 

5 shall— 

6 (A) reroute the road running through 

7 Long Meadow to the west to remove the road 

8 from the riparian area; 

9 (B) reroute the road currently running 

10 through Rodeo Flat/Corral Meadow to the east 

11 to remove the road from the riparian area; and 

12 (C) close, except for administrative use, 

13 the road along Lower Alder Creek south of Bu14 reau of Land Management road #2083. 

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

16 Wilderness shall be 160 feet downstream from the 

17 dam at Little Onion Reservoir. 

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 prepare a map and legal description of the Wil22 derness. 

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

24 prepared under paragraph (1) shall have the same 

25 force and effect as if included in this Act, except 


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1 that the Secretary may correct clerical and typo2 graphical errors in the map or legal description. 

3 (3) AVAILABILITY.—The map and legal descrip4 tion prepared under paragraph (1) shall be on file 

5 and available for public inspection in the appropriate 

6 offices of the Bureau of Land Management. 

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

8 the Wilderness is withdrawn from— 

9 (1) all forms of entry, appropriation, and dis10 posal under the public land laws; 

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

12 laws; and 

13 (3) disposition under all laws relating to min14 eral and geothermal leasing or mineral materials. 

15 SEC. 4. ADMINISTRATION. 

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

17 the Wilderness shall be administered by the Secretary in 

18 accordance with the Wilderness Act (16 U.S.C. 1131 et 

19 seq.), except that— 

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

21 effective date of that Act shall be considered to be 

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

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

24 Secretary of Agriculture shall be considered to be a 

25 reference to the Secretary. 


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1 (b) LIVESTOCK.—The grazing of livestock in the Wil2 derness, if established before the date of enactment of this 

3 Act, shall be allowed to continue, subject to such reason4 able regulations, policies, and practices as the Secretary 

5 considers to be necessary in accordance 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 Appendix A of 

9 the report of the Committee on Interior and Insular 

10 Affairs of the House of Representatives accom11 panying H.R. 2570 of the 101st Congress (House 

12 Report 101–405). 

13 (c) INCORPORATION OF ACQUIRED LAND AND INTER14 ESTS.—Any land or interest in land within the boundary 

15 of the Wilderness that is acquired by the United States 

16 after the date of enactment of this Act shall be added to 

17 and administered as part of the Wilderness. 

18 (d) ADJACENT MANAGEMENT.— 

19 (1) IN GENERAL.—Congress does not intend for 

20 the designation of the Wilderness to create a protec21 tive perimeter or buffer zone around the Wilderness. 

22 (2) NONWILDERNESS ACTIVITIES.—The fact 

23 that nonwilderness activities or uses can be seen or 

24 heard from areas within the Wilderness shall not 


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1 preclude the conduct of the activities or uses outside 

2 the boundary of the Wilderness. 

3 (e) MILITARY OVERFLIGHTS.—Nothing in this Act 

4 restricts or precludes— 

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

6 the Wilderness, including military overflights that 

7 can be seen or heard within the Wilderness; 

8 (2) flight testing and evaluation; or 

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

10 special use airspace, or the establishment of military 

11 flight training routes, over the Wilderness. 

12 (f) WILDFIRE, INSECT, AND DISEASE MANAGE13 MENT.—In accordance with section 4(d)(1) of the Wilder14 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 

15 such measures in the Wilderness as are necessary for the 

16 control of fire, insects, and diseases (including, as the Sec17 retary determines to be appropriate, the coordination of 

18 the activities with a State or local agency). 

19 (g) WILDFIRE MANAGEMENT OPERATIONS.—Noth20 ing in this Act precludes a Federal, State, or local agency 

21 from conducting wildfire management operations (includ22 ing operations using aircraft or mechanized equipment). 

23 (h) CLIMATOLOGICAL DATA COLLECTION.—In ac24 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

25 and subject to such terms and conditions as the Secretary 


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1 may prescribe, the Secretary may authorize the installa2 tion and maintenance of hydrologic, meteorologic, or cli3 matological collection devices in the Wilderness if the Sec4 retary determines that the facilities and access to the fa5 cilities are essential to flood warning, flood control, or 

6 water reservoir operation activities. 

7 (i) WATER RIGHTS.— 

8 (1) FINDINGS.—Congress finds that— 

9 (A) the land designated as wilderness by 

10 this Act is located— 

11 (i) in the semiarid region of the Great 

12 Basin; and 

13 (ii) at the headwaters of the streams 

14 and rivers on land with respect to which 

15 there are few, if any— 

16 (I) actual or proposed water re17 source facilities located upstream; and 

18 (II) opportunities for diversion, 

19 storage, or other uses of water occur20 ring outside the land that would ad21 versely affect the wilderness values of 

22 the land; 

23 (B) the land designated as wilderness by 

24 this Act is generally not suitable for use or de25 velopment of new water resource facilities; and 


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1 (C) because of the unique nature of the 

2 land designated as wilderness by this Act, it is 

3 possible to provide for proper management and 

4 protection of the wilderness and other values of 

5 land in ways different from those used in other 

6 laws. 

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

8 to protect the wilderness values of the land des9 ignated as wilderness by this Act by means other 

10 than a federally reserved water right. 

11 (3) STATUTORY CONSTRUCTION.—Nothing in 

12 this Act— 

13 (A) constitutes an express or implied res14 ervation by the United States of any water or 

15 water rights with respect to the Wilderness; 

16 (B) affects any water rights in the State 

17 (including any water rights held by the United 

18 States) in existence on the date of enactment of 

19 this Act; 

20 (C) establishes a precedent with regard to 

21 any future wilderness designations; 

22 (D) affects the interpretation of, or any 

23 designation made under, any other Act; or 

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

25 interstate compact or equitable apportionment 


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1 decree that apportions water among and be2 tween the State and other States. 

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

4 follow the procedural and substantive requirements 

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

6 rights not in existence on the date of enactment of 

7 this Act with respect to the Wilderness. 

8 (5) NEW PROJECTS.— 

9 (A) DEFINITION OF WATER RESOURCE FA10 CILITY.— 

11 (i) IN GENERAL.—In this paragraph, 

12 the term ‘‘water resource facility’’ means 

13 irrigation and pumping facilities, res14 ervoirs, water conservation works, aque15 ducts, canals, ditches, pipelines, wells, hy16 dropower projects, transmission and other 

17 ancillary facilities, and other water diver18 sion, storage, and carriage structures. 

19 (ii) EXCLUSION.—In this paragraph, 

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

21 include wildlife guzzlers. 

22 (B) RESTRICTION ON NEW WATER RE23 SOURCE FACILITIES.—Except as otherwise pro24 vided in this Act, on or after the date of enact25 ment of this Act, neither the President nor any 


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1 other officer, employee, or agent of the United 

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

3 license or permit for the development of any 

4 new water resource facility within a wilderness 

5 area, any portion of which is located in the 

6 County. 

7 SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. 

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

9 of section 603(c) of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

11 the Blue Lakes and Alder Creek wilderness study areas 

12 not designated as wilderness by section 3(a) have been 

13 adequately studied for wilderness designation. 

14 (b) RELEASE.—Any public land described in sub15 section (a) that is not designated as wilderness by this 

16 Act— 

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

18 Federal Land Policy and Management Act of 1976 

19 (43 U.S.C. 1782(c)); and 

20 (2) shall be managed in accordance with the ap21 plicable land use plans adopted under section 202 of 

22 that Act (43 U.S.C. 1712). 

23 SEC. 6. WILDLIFE MANAGEMENT. 

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

25 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 


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1 nothing in this Act affects or diminishes the jurisdiction 

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

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

4 in the Wilderness. 

5 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

6 the purposes and principles of the Wilderness Act (16 

7 U.S.C. 1131 et seq.), the Secretary may conduct any man8 agement activities in the Wilderness that are necessary to 

9 maintain or restore fish and wildlife populations and the 

10 habitats to support the populations, if the activities are 

11 carried out— 

12 (1) consistent with relevant wilderness manage13 ment plans; and 

14 (2) in accordance with— 

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

16 seq.); and 

17 (B) appropriate policies, such as those set 

18 forth in Appendix B of the report of the Com19 mittee on Interior and Insular Affairs of the 

20 House of Representatives accompanying H.R. 

21 2570 of the 101st Congress (House Report 

22 101–405), including the occasional and tem23 porary use of motorized vehicles if the use, as 

24 determined by the Secretary, would promote 

25 healthy, viable, and more naturally distributed 


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1 wildlife populations that would enhance wilder2 ness values with the minimal impact necessary 

3 to reasonably accomplish those tasks. 

4 (c) EXISTING ACTIVITIES.—Consistent with section 

5 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

6 in accordance with appropriate policies such as those set 

7 forth in Appendix B of the report of the Committee on 

8 Interior and Insular Affairs of the House of Representa9 tives accompanying H.R. 2570 of the 101st Congress 

10 (House Report 101–405), the State may continue to use 

11 aircraft, including helicopters, to survey, capture, trans12 plant, monitor, and provide water for wildlife populations 

13 in the Wilderness. 

14 (d) HUNTING, FISHING, AND TRAPPING.— 

15 (1) IN GENERAL.—The Secretary may des16 ignate areas in which, and establish periods during 

17 which, for reasons of public safety, administration, 

18 or compliance with applicable laws, no hunting, fish19 ing, or trapping will be permitted in the Wilderness. 

20 (2) CONSULTATION.—Except in emergencies, 

21 the Secretary shall consult with the appropriate 

22 State agency and notify the public before taking any 

23 action under paragraph (1). 

24 (e) COOPERATIVE AGREEMENT.— 


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1 (1) IN GENERAL.—The State, including a des2 ignee of the State, may conduct wildlife management 

3 activities in the Wilderness— 

4 (A) in accordance with the terms and con5 ditions specified in the cooperative agreement 

6 between the Secretary and the State entitled 

7 ‘‘Memorandum of Understanding between the 

8 Bureau of Land Management and the Nevada 

9 Department of Wildlife Supplement No. 9’’ and 

10 signed November and December 2003, includ11 ing any amendments to the cooperative agree12 ment agreed to by the Secretary and the State; 

13 and 

14 (B) subject to all applicable laws (including 

15 regulations). 

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

17 purposes of this subsection, any reference to Clark 

18 County in the cooperative agreement described in 

19 paragraph (1)(A) shall be considered to be a ref20 erence to the Wilderness. 

21 SEC. 7. LAND EXCHANGES. 

22 (a) DEFINITIONS.—In this section: 

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

24 means Federal land in the County that is identified 


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1 for disposal by the Secretary through the 

2 Winnemucca Resource Management Plan. 

3 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means land identified on the Map as 

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

6 (b) ACQUISITION OF LAND AND INTERESTS IN

7 LAND.—Consistent with applicable law and subject to sub8 section (c), the Secretary may exchange the Federal land 

9 for non-Federal land. 

10 (c) CONDITIONS.—Each land exchange under sub11 section (a) shall be subject to— 

12 (1) the condition that the owner of the non13 Federal land pay not less than 50 percent of all 

14 costs relating to the land exchange, including the 

15 costs of appraisals, surveys, and any necessary envi16 ronmental clearances; and 

17 (2) such additional terms and conditions as the 

18 Secretary may require. 

19 (d) DEADLINE FOR COMPLETION OF LAND EX20 CHANGE.—It is the intent of Congress that the land ex21 changes under this section be completed by not later than 

22 5 years after the date of enactment of this Act. 


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1 SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

2 USES. 

3 Nothing in this Act alters or diminishes the treaty 

4 rights of any Indian tribe (as defined in section 4 of the 

5 Indian Self-Determination and Education Assistance Act 

6 (25 U.S.C. 450b)). 


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Calendar No. 113 

113TH CONGRESS 

1ST SESSION S. 342 

[Report No. 113–59] 

A BILL 

To designate the Pine Forest Range Wilderness 

area in Humboldt County, Nevada. 

JUNE 27, 2013 

Reported without amendment 


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