II 

113TH CONGRESS 

1ST SESSION S. 342 

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 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 Humboldt County, Nevada. 


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1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Proposed Pine Forest Wilderness Area’’ and 

3 dated July 5, 2011. 

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

5 the Secretary of the Interior. 

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

7 of Nevada. 

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

9 means the Pine Forest Range Wilderness designated 

10 by section 3(a). 

11 SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVA12 TION SYSTEM. 

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

14 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi15 mately 26,000 acres of Federal land managed by the Bu16 reau of Land Management, as generally depicted on the 

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

18 the National Wilderness Preservation System, to be known 

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

20 (b) BOUNDARY.— 

21 (1) ROAD ACCESS.—The boundary of any por22 tion of the Wilderness that is bordered by a road 

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

24 (2) ROAD ADJUSTMENTS.—The Secretary 

25 shall— 


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1 (A) reroute the road running through 

2 Long Meadow to the west to remove the road 

3 from the riparian area; 

4 (B) reroute the road currently running 

5 through Rodeo Flat/Corral Meadow to the east 

6 to remove the road from the riparian area; and 

7 (C) close, except for administrative use, 

8 the road along Lower Alder Creek south of Bu9 reau of Land Management road #2083. 

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

11 Wilderness shall be 160 feet downstream from the 

12 dam at Little Onion Reservoir. 

13 (c) MAP AND LEGAL DESCRIPTION.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall prepare a map and legal description of the Wil17 derness. 

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

19 prepared under paragraph (1) shall have the same 

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

21 that the Secretary may correct clerical and typo22 graphical errors in the map or legal description. 

23 (3) AVAILABILITY.—The map and legal descrip24 tion prepared under paragraph (1) shall be on file 


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1 and available for public inspection in the appropriate 

2 offices of the Bureau of Land Management. 

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

4 the Wilderness is withdrawn from— 

5 (1) all forms of entry, appropriation, and dis6 posal under the public land laws; 

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

8 laws; and 

9 (3) disposition under all laws relating to min10 eral and geothermal leasing or mineral materials. 

11 SEC. 4. ADMINISTRATION. 

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

13 the Wilderness shall be administered by the Secretary in 

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

15 seq.), except that— 

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

17 effective date of that Act shall be considered to be 

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

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

20 Secretary of Agriculture shall be considered to be a 

21 reference to the Secretary. 

22 (b) LIVESTOCK.—The grazing of livestock in the Wil23 derness, if established before the date of enactment of this 

24 Act, shall be allowed to continue, subject to such reasonVerDate Mar 15 2010 21:18 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342

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1 able regulations, policies, and practices as the Secretary 

2 considers to be necessary in accordance with— 

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

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

5 (2) the guidelines set forth in Appendix A of 

6 the report of the Committee on Interior and Insular 

7 Affairs of the House of Representatives accom8 panying H.R. 2570 of the 101st Congress (House 

9 Report 101–405). 

10 (c) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS.—Any land or interest in land within the boundary 

12 of the Wilderness that is acquired by the United States 

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

14 and administered as part of the Wilderness. 

15 (d) ADJACENT MANAGEMENT.— 

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

17 the designation of the Wilderness to create a protec18 tive perimeter or buffer zone around the Wilderness. 

19 (2) NONWILDERNESS ACTIVITIES.—The fact 

20 that nonwilderness activities or uses can be seen or 

21 heard from areas within the Wilderness shall not 

22 preclude the conduct of the activities or uses outside 

23 the boundary of the Wilderness. 

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

25 restricts or precludes— 


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

2 the Wilderness, including military overflights that 

3 can be seen or heard within the Wilderness; 

4 (2) flight testing and evaluation; or 

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

6 special use airspace, or the establishment of military 

7 flight training routes, over the Wilderness. 

8 (f) WILDFIRE, INSECT, AND DISEASE MANAGE9 MENT.—In accordance with section 4(d)(1) of the Wilder10 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 

11 such measures in the Wilderness as are necessary for the 

12 control of fire, insects, and diseases (including, as the Sec13 retary determines to be appropriate, the coordination of 

14 the activities with a State or local agency). 

15 (g) WILDFIRE MANAGEMENT OPERATIONS.—Noth16 ing in this Act precludes a Federal, State, or local agency 

17 from conducting wildfire management operations (includ18 ing operations using aircraft or mechanized equipment). 

19 (h) CLIMATOLOGICAL DATA COLLECTION.—In ac20 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

21 and subject to such terms and conditions as the Secretary 

22 may prescribe, the Secretary may authorize the installa23 tion and maintenance of hydrologic, meteorologic, or cli24 matological collection devices in the Wilderness if the Sec25 retary determines that the facilities and access to the faVerDate Mar 15 2010 21:18 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342

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1 cilities are essential to flood warning, flood control, or 

2 water reservoir operation activities. 

3 (i) WATER RIGHTS.— 

4 (1) FINDINGS.—Congress finds that— 

5 (A) the land designated as wilderness by 

6 this Act is located— 

7 (i) in the semiarid region of the Great 

8 Basin; and 

9 (ii) at the headwaters of the streams 

10 and rivers on land with respect to which 

11 there are few, if any— 

12 (I) actual or proposed water re13 source facilities located upstream; and 

14 (II) opportunities for diversion, 

15 storage, or other uses of water occur16 ring outside the land that would ad17 versely affect the wilderness values of 

18 the land; 

19 (B) the land designated as wilderness by 

20 this Act is generally not suitable for use or de21 velopment of new water resource facilities; and 

22 (C) because of the unique nature of the 

23 land designated as wilderness by this Act, it is 

24 possible to provide for proper management and 

25 protection of the wilderness and other values of 


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1 land in ways different from those used in other 

2 laws. 

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

4 to protect the wilderness values of the land des5 ignated as wilderness by this Act by means other 

6 than a federally reserved water right. 

7 (3) STATUTORY CONSTRUCTION.—Nothing in 

8 this Act— 

9 (A) constitutes an express or implied res10 ervation by the United States of any water or 

11 water rights with respect to the Wilderness; 

12 (B) affects any water rights in the State 

13 (including any water rights held by the United 

14 States) in existence on the date of enactment of 

15 this Act; 

16 (C) establishes a precedent with regard to 

17 any future wilderness designations; 

18 (D) affects the interpretation of, or any 

19 designation made under, any other Act; or 

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

21 interstate compact or equitable apportionment 

22 decree that apportions water among and be23 tween the State and other States. 

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

25 follow the procedural and substantive requirements 


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

2 rights not in existence on the date of enactment of 

3 this Act with respect to the Wilderness. 

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. 5. RELEASE OF WILDERNESS STUDY AREAS. 

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

5 of section 603(c) of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

7 the Blue Lakes and Alder Creek wilderness study areas 

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

9 adequately studied for wilderness designation. 

10 (b) RELEASE.—Any public land described in sub11 section (a) that is not designated as wilderness by this 

12 Act— 

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

14 Federal Land Policy and Management Act of 1976 

15 (43 U.S.C. 1782(c)); and 

16 (2) shall be managed in accordance with the ap17 plicable land use plans adopted under section 202 of 

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

19 SEC. 6. WILDLIFE MANAGEMENT. 

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

21 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

22 nothing in this Act affects or diminishes the jurisdiction 

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

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

25 in the Wilderness. 


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1 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

2 the purposes and principles of the Wilderness Act (16 

3 U.S.C. 1131 et seq.), the Secretary may conduct any man4 agement activities in the Wilderness that are necessary to 

5 maintain or restore fish and wildlife populations and the 

6 habitats to support the populations, if the activities are 

7 carried out— 

8 (1) consistent with relevant wilderness manage9 ment plans; and 

10 (2) in accordance with— 

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

12 seq.); and 

13 (B) appropriate policies, such as those set 

14 forth in Appendix B of the report of the Com15 mittee on Interior and Insular Affairs of the 

16 House of Representatives accompanying H.R. 

17 2570 of the 101st Congress (House Report 

18 101–405), including the occasional and tem19 porary use of motorized vehicles if the use, as 

20 determined by the Secretary, would promote 

21 healthy, viable, and more naturally distributed 

22 wildlife populations that would enhance wilder23 ness values with the minimal impact necessary 

24 to reasonably accomplish those tasks. 


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1 (c) EXISTING ACTIVITIES.—Consistent with section 

2 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

3 in accordance with appropriate policies such as those set 

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

5 Interior and Insular Affairs of the House of Representa6 tives accompanying H.R. 2570 of the 101st Congress 

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

8 aircraft, including helicopters, to survey, capture, trans9 plant, monitor, and provide water for wildlife populations 

10 in the Wilderness. 

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

12 (1) IN GENERAL.—The Secretary may des13 ignate areas in which, and establish periods during 

14 which, for reasons of public safety, administration, 

15 or compliance with applicable laws, no hunting, fish16 ing, or trapping will be permitted in the Wilderness. 

17 (2) CONSULTATION.—Except in emergencies, 

18 the Secretary shall consult with the appropriate 

19 State agency and notify the public before taking any 

20 action under paragraph (1). 

21 (e) COOPERATIVE AGREEMENT.— 

22 (1) IN GENERAL.—The State, including a des23 ignee of the State, may conduct wildlife management 

24 activities in the Wilderness— 


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1 (A) in accordance with the terms and con2 ditions specified in the cooperative agreement 

3 between the Secretary and the State entitled 

4 ‘‘Memorandum of Understanding between the 

5 Bureau of Land Management and the Nevada 

6 Department of Wildlife Supplement No. 9’’ and 

7 signed November and December 2003, includ8 ing any amendments to the cooperative agree9 ment agreed to by the Secretary and the State; 

10 and 

11 (B) subject to all applicable laws (including 

12 regulations). 

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

14 purposes of this subsection, any reference to Clark 

15 County in the cooperative agreement described in 

16 paragraph (1)(A) shall be considered to be a ref17 erence to the Wilderness. 

18 SEC. 7. LAND EXCHANGES. 

19 (a) DEFINITIONS.—In this section: 

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

21 means Federal land in the County that is identified 

22 for disposal by the Secretary through the 

23 Winnemucca Resource Management Plan. 


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1 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means land identified on the Map as 

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

4 (b) ACQUISITION OF LAND AND INTERESTS IN

5 LAND.—Consistent with applicable law and subject to sub6 section (c), the Secretary may exchange the Federal land 

7 for non-Federal land. 

8 (c) CONDITIONS.—Each land exchange under sub9 section (a) shall be subject to— 

10 (1) the condition that the owner of the non11 Federal land pay not less than 50 percent of all 

12 costs relating to the land exchange, including the 

13 costs of appraisals, surveys, and any necessary envi14 ronmental clearances; and 

15 (2) such additional terms and conditions as the 

16 Secretary may require. 

17 (d) DEADLINE FOR COMPLETION OF LAND EX18 CHANGE.—It is the intent of Congress that the land ex19 changes under this section be completed by not later than 

20 5 years after the date of enactment of this Act. 

21 SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

22 USES. 

23 Nothing in this Act alters or diminishes the treaty 

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


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1 Indian Self-Determination and Education Assistance Act 

2 (25 U.S.C. 450b)). 

Æ 


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