II 

111TH CONGRESS 

2D SESSION S. 3310 

To designate certain wilderness areas in the National Forest System in 

the State of South Dakota. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2010 

Mr. JOHNSON introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To designate certain wilderness areas in the National Forest 

System in the State of South Dakota. 

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 ‘‘Tony Dean Cheyenne 

5 River Valley Conservation Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 the Secretary of Agriculture. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 3310 IS

1 (2) STATE.—The term ‘‘State’’ means the State 

2 of South Dakota. 

3 (3) WILDERNESS AREA.—The term ‘‘wilderness 

4 area’’ means any of the areas designated as compo5 nents of the National Wilderness Preservation Sys6 tem by section 3(a). 

7 SEC. 3. WILDERNESS AREAS. 

8 (a) DESIGNATION.—In accordance with the Wilder9 ness Act (16 U.S.C. 1131 et seq.), the following areas in 

10 the State are designated as wilderness areas and as com11 ponents of the National Wilderness Preservation System: 

12 (1) The approximately 27,500 acres of land, as 

13 generally depicted on the map entitled ‘‘Indian 

14 Creek East and Indian Creek West’’, which shall be 

15 known as the ‘‘Indian Creek Wilderness’’. 

16 (2) The approximately 16,007 acres of land, as 

17 generally depicted on the map entitled ‘‘Red Shirt 

18 and Red Shirt East’’, which shall be known as the 

19 ‘‘Red Shirt Wilderness’’. 

20 (3) The approximately 4,518 acres of land, as 

21 generally depicted on the map entitled ‘‘Chalk 

22 Hills’’, which shall be known as the ‘‘Chalk Hills 

23 Wilderness’’. 

24 (b) MAPS AND LEGAL DESCRIPTION.— 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 3310 IS

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

2 the date of enactment of this Act, the Secretary 

3 shall submit to the Committee on Energy and Nat4 ural Resources of the Senate and the Committee on 

5 Natural Resources of the House of Representatives 

6 a map and legal description for each wilderness area. 

7 (2) EFFECT.—Each map and legal description 

8 submitted under paragraph (1) shall have the same 

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

10 that the Secretary may correct minor errors in the 

11 map or legal description. 

12 (3) AVAILABILITY.—Each map and legal de13 scription submitted under paragraph (1) shall be 

14 available in the Office of the Chief of the Forest 

15 Service. 

16 (c) ADMINISTRATION.— 

17 (1) IN GENERAL.—Subject to valid existing 

18 rights, the wilderness areas shall be administered by 

19 the Secretary in accordance with the Wilderness Act 

20 (16 U.S.C. 1131 et seq.), except that any reference 

21 in that Act to the effective date shall be considered 

22 to be a reference to the date of enactment of this 

23 Act. 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•S 3310 IS

1 (2) WITHDRAWAL.—Subject to valid existing 

2 rights, the wilderness areas are withdrawn from all 

3 forms of— 

4 (A) entry, appropriation, or disposal under 

5 the public land laws; 

6 (B) location, entry, and patent under the 

7 mining laws; and 

8 (C) disposition under the mineral leasing, 

9 mineral materials, and geothermal leasing laws. 

10 (3) CONTINUATION OF LIVESTOCK GRAZING.— 

11 In the wilderness areas, the grazing of livestock and 

12 the maintenance of existing facilities related to graz13 ing in areas in which grazing is established as of the 

14 date of enactment of this Act shall be allowed to 

15 continue, consistent with— 

16 (A) section 4(d)(4) of the Wilderness Act 

17 (16 U.S.C. 1133(d)(4)); and 

18 (B) the guidelines set forth in House Re19 port 96–617 to accompany H.R. 5487 of the 

20 96th Congress. 

21 (4) FISH AND WILDLIFE MANAGEMENT.— 

22 (A) STATE JURISDICTION.—In accordance 

23 with section 4(d)(7) of the Wilderness Act (16 

24 U.S.C. 1133(d)(7)), nothing in this Act affects 

25 or diminishes the jurisdiction of the State with 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•S 3310 IS

1 respect to fish and wildlife management in the 

2 wilderness areas (including the regulation of 

3 hunting, fishing, and trapping). 

4 (B) MANAGEMENT ACTIVITIES.—In fur5 therance of the purposes and principles of the 

6 Wilderness Act (16 U.S.C. 1131 et seq.), man7 agement activities to maintain or restore fish 

8 and wildlife populations and the habitats to 

9 support those populations may be carried out 

10 within the wilderness areas in accordance with 

11 relevant wilderness management plans and ap12 propriate policies (such as those described in 

13 Appendix B of House Report 101–405 of the 

14 101st Congress), including the occasional and 

15 temporary use of motorized vehicles, if the Sec16 retary determines that the activities would— 

17 (i) promote healthy, viable, and more 

18 naturally distributed wildlife populations; 

19 and 

20 (ii) using the minimum tool necessary, 

21 enhance wilderness values. 

22 (5) FIRE, INSECTS, INVASIVE SPECIES, AND

23 DISEASES MANAGEMENT ACTIVITIES.—The Sec24 retary may undertake such measures as are nec25 essary to control and prevent fire, insects, invasive 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•S 3310 IS

1 species, and diseases, in accordance with section 

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

3 1133(d)(1)), including the coordination of those ac4 tivities with a State or local agency. 

5 (6) MILITARY ACTIVITIES.—Nothing in this Act 

6 precludes— 

7 (A) low-level overflights of military aircraft 

8 over the wilderness areas; 

9 (B) the designation of new units of special 

10 airspace over the wilderness areas; or 

11 (C) the use or establishment of military 

12 flight training routes over the wilderness areas. 

13 (7) NATIVE AMERICAN USES AND INTERESTS.— 

14 Nothing in this Act diminishes the rights of Indian 

15 tribes with respect to access to Federal land for trib16 al activities (including spiritual, cultural, and tradi17 tional food-gathering activities). 

18 (8) ACCESS TO PROPERTY.—The Secretary 

19 shall provide any owner of private property within 

20 the boundary of a wilderness area, including the 

21 State, adequate access to the private property. 

22 (9) ACQUISITION OF LAND AND INTERESTS IN

23 LAND.— 

24 (A) IN GENERAL.—Consistent with appli25 cable law, the Secretary may acquire from willVerDate Mar 15 2010 00:04 May 06, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3310.IS S3310

rfrederick on DSKD9S0YB1PROD with BILLS
7 

•S 3310 IS

1 ing sellers land or interests in land within the 

2 boundaries of the wilderness areas by purchase, 

3 donation, or exchange. 

4 (B) INCORPORATION OF ACQUIRED

5 LAND.—Any land or interest in land within a 

6 wilderness area that is acquired by the United 

7 States shall be added to, and administered as 

8 part of, the applicable wilderness area. 

9 (10) ADJACENT MANAGEMENT.— 

10 (A) NO PROTECTIVE PERIMETERS OR

11 BUFFER ZONES.—Congress does not intend for 

12 the designation of a wilderness area to result in 

13 the creation of protective perimeters or buffer 

14 zones around any of the wilderness areas. 

15 (B) NONWILDERNESS ACTIVITIES.—The 

16 fact that nonwilderness activities or uses out17 side of a wilderness area can be seen or heard 

18 from inside of the wilderness area shall not pre19 clude the conduct of the nonwilderness activities 

20 or uses outside the boundaries of the wilderness 

21 area. 

22 SEC. 4. PRAIRIE DOGS. 

23 Nothing in this Act enhances or diminishes the exist24 ing authority of the Secretary and the Secretary of the 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•S 3310 IS

1 Interior to manage prairie dog populations and habitats 

2 on public land. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS