of those activities or uses outside the boundaries of the 
wilderness area. 
SEC. 205. WILDFIRE MANAGEMENT. 
Consistent with section 4 of the Wilderness Act (16 
U.S.C. 1133), nothing in this title precludes a Federal, 
State, or local agency from conducting wildfire manage-
ment operations, including operations using aircraft or 
mechanized equipment, to manage wildfires in the wilder-
ness areas designated by section 201. 
SEC. 206. WATER RIGHTS. 
(a) FINDINGS.—Congress finds the following: 
(1) The lands designated as wilderness areas by 
section 201 are located at the headwaters of the 
streams and rivers on those lands, with few, if any, 
actual or proposed water resource facilities located 
upstream from such lands and few, if any, opportu-
nities for diversion, storage, or other uses of water 
occurring outside such lands that would adversely 
affect the wilderness values of such lands. 
(2) The lands designated as wilderness areas by 
section 201 are not suitable for use for development 
of new water resource facilities or for the expansion 
of existing facilities. 
(3) Therefore, it is possible to provide for prop-
er management and protection of the wilderness 
VerDate Aug 31 2005 
00:48 Dec 14, 2006
Jkt 059196
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6409.IH
H6409
jcorcoran on PRODPC62 with BILLS
value of the lands designated as wilderness areas by 
section 201 in ways different from the ways utilized 
in other laws designating wilderness areas. 
(b) PURPOSE.—The purpose of this section is to pro-
tect the wilderness values of the lands designated as wil-
derness areas by section 201 by means other than a feder-
ally reserved water right. 
(c) STATUTORY CONSTRUCTION.—Nothing in this 
title— 
(1) shall constitute, or be construed to con-
stitute, either an express or implied reservation by 
the United States of any water or water rights with 
respect to the wilderness areas designated by section 
201; 
(2) shall affect any water rights in the State of 
Idaho existing on the date of the enactment of this 
Act, including any water rights held by the United 
States; 
(3) shall be construed as establishing a prece-
dent with regard to any future wilderness designa-
tions; 
(4) shall be construed as limiting, altering, 
modifying, or amending any of the interstate com-
pacts or equitable apportionment decrees that appor-
VerDate Aug 31 2005 
00:48 Dec 14, 2006
Jkt 059196
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6409.IH
H6409
jcorcoran on PRODPC62 with BILLS
tion water among and between the State of Idaho 
and other States; and 
(5) shall be construed as limiting, altering, 
modifying, or amending provisions of Public Law 
92–400, which established the Sawtooth National 
Recreation Area (16 U.S.C. 460aa et seq.). 
(d) IDAHO WATER LAW.—The Secretary concerned 
shall follow the procedural and substantive requirements 
of the law of the State of Idaho when seeking to establish 
any water rights, not in existence on the date of the enact-
ment of this Act, with respect to the wilderness areas des-
ignated by section 201. 
(e) NEW PROJECTS.— 
(1) PROHIBITION.—Except as otherwise pro-
vided in this Act, on and after the date of the enact-
ment of this Act, neither the President nor any 
other officer, employee, or agent of the United 
States shall fund, assist, authorize, or issue a license 
or permit for the development of any new water re-
source facility inside any of the wilderness areas des-
ignated by section 201. 
(2) DEFINITION.—In this subsection, the term 
‘‘water resource facility’’ means irrigation and 
pumping facilities, reservoirs, water conservation 
works, aqueducts, canals, ditches, pipelines, wells, 
VerDate Aug 31 2005 
00:48 Dec 14, 2006
Jkt 059196
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6409.IH
H6409
jcorcoran on PRODPC62 with BILLS
hydropower projects, and transmission and other an-
cillary facilities, and other water diversion, storage, 
and carriage structures. 
SEC. 207. WILDLIFE MANAGEMENT. 
(a) STATE JURISDICTION.—In accordance with sec-
tion 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
nothing in this title affects or diminishes the jurisdiction 
of the State of Idaho with respect to fish and wildlife man-
agement, including the regulation of hunting, fishing, and 
trapping, in the wilderness areas designated by section 
201. 
(b) MANAGEMENT ACTIVITIES.—In furtherance of 
the purposes and principles of the Wilderness Act, man-
agement activities to maintain or restore fish and wildlife 
populations and the habitats to support such populations 
may be carried out within wilderness areas designated by 
section 201 where consistent with relevant wilderness 
management plans, in accordance with appropriate poli-
cies such as those set forth in appendix B of House Report 
101–405 of the 101st Congress, including the occasional 
and temporary use of motorized vehicles, if such use, as 
determined by the Secretary concerned would promote 
healthy, viable, and more naturally distributed wildlife 
populations that would enhance wilderness values and ac-
VerDate Aug 31 2005 
00:48 Dec 14, 2006
Jkt 059196
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6409.IH
H6409
jcorcoran on PRODPC62 with BILLS
complish those purposes using the minimum tool necessary 
to reasonably accomplish the task. 
(c) USE
OF AIRCRAFT.—Consistent with section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 
in accordance with appropriate policies such as those set 
forth in appendix B of House Report 101–405 of the 
101st Congress, the State of Idaho may continue to use 
aircraft, including helicopters, to survey, capture, trans-
plant, monitor, and manage elk, deer, bighorn sheep, 
mountain goats, wolves, grizzly bears, and other wildlife 
and fish. 
(d) HUNTING, FISHING, AND TRAPPING.—Nothing in 
this title shall affect hunting, fishing, and trapping, under 
applicable State and Federal laws and regulations, in the 
wilderness areas designated by section 201. The Secretary 
concerned may designate, by regulation in consultation 
with the appropriate State agency (except in emergencies), 
areas in which, and establish periods during which, for 
reasons of public safety, administration, or compliance 
with applicable laws, no hunting, fishing, or trapping will 
be permitted in the wilderness areas. 
SEC. 208. NATIVE AMERICAN CULTURAL AND RELIGIOUS 
USES. 
Nothing in this title shall be construed to diminish 
the rights of any Indian tribe. Nothing in this title shall 
VerDate Aug 31 2005 
00:48 Dec 14, 2006
Jkt 059196
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6409.IH
H6409
jcorcoran on PRODPC62 with BILLS