tribe for traditional cultural purposes, including spiritual 
or food-gathering activities. In implementing this para-
graph, the Secretary, upon the request of an Indian tribe, 
may temporarily close to the general public use of one or 
more specific portions of a national conservation area, wil-
derness area, or special management area in order to pro-
tect the privacy of traditional cultural activities in such 
areas by members of the Indian tribe. Any such closure 
shall be made to affect the smallest practicable area for 
the minimum period necessary for such purposes. Such ac-
cess shall be consistent with the purpose and intent of 
Public Law 95–341 (42 U.S.C. 1996), commonly referred 
to as the American Indian Religious Freedom Act. 
(k) UTILITY RIGHTS-OF-WAY.—Nothing in this Act 
precludes the Secretary from renewing an existing utility 
right-of-way through a national conservation area or spe-
cial management area in a manner that minimizes harm 
to the purposes of the national conservation area or special 
management area described in subsection (b) and section 
5(a)— 
(1) in accordance with— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) any other applicable law; and 
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(2) subject to such terms and conditions as the 
Secretary determines to be appropriate. 
(l) MAINTENANCE OF EXISTING COMMUNICATIONS 
FACILITIES.—The provisions of this Act shall not be con-
strued to prevent— 
(1) the maintenance of communications facili-
ties, in existence on the date of the enactment of 
this Act and located in a national conservation area; 
or 
(2) limited motorized access to such facilities 
when non-motorized access means are not reasonably 
available or when time is of the essence, subject to 
such conditions as the Secretary considers to be de-
sirable. 
(m) MAINTENANCE OF AGUA CALIENTE ROAD.—In 
preparing resource management and travel management 
plans for the Lower Sonoran Field Office, the Secretary 
shall provide for protection of the existing, low-standard 
(BLM Maintenance Level 3) Agua Caliente which provides 
access to the wilderness and high conservation value lands 
designated by this Act, and shall assure that the wilder-
ness environment and atmosphere enjoyed by users of this 
road, which Congress finds is well-matched to the rugged 
and wild character of the wilderness beyond the roadside, 
is not degraded by incompatible development within the 
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road corridor or by improvement of the road itself other 
than as he determines necessary for public safety. 
SEC. 8. ACQUISITION OF LAND. 
(a) IN GENERAL.—The Secretary may acquire non- 
public land within the boundaries of the National Con-
servation Areas, the Wilderness Areas, or the Special 
Management Areas established by this Act only through 
exchange, donation, or purchase from a willing seller. 
(b) MANAGEMENT.—Land acquired under this sec-
tion shall— 
(1) become part of the National Conservation 
Areas, the Wilderness Areas, or the Special Manage-
ment Areas involved; and 
(2) be managed in accordance with this Act and 
any other applicable laws. 
SEC. 9. BORDER SECURITY. 
Nothing in this Act— 
(1) prevents the Secretary of Homeland Secu-
rity from undertaking law enforcement and border 
security activities— 
(A) in the National Conservation Areas 
and Special Management Areas outside the Wil-
derness Areas; or 
(B) in accordance with section 4(c) of the 
Wilderness Act (16 U.S.C. 1133(c)), within the 
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Wilderness Areas, including the ability to use 
motorized access within a Wilderness Area 
while in pursuit of a suspect; 
(2) affects the 2006 Memorandum of Under-
standing among the Department of Homeland Secu-
rity, the Department of the Interior, and the De-
partment of Agriculture regarding cooperative na-
tional security and counterterrorism efforts on pub-
lic land along the borders of the United States; or 
(3) prevents the Secretary of Homeland Secu-
rity from conducting any low-level overflights over 
the National Conservation Areas and Special Man-
agement Areas or the Wilderness Areas that may be 
necessary for law enforcement and border security 
purposes. 
SEC. 10. WATER RIGHTS. 
(a) RESERVATION OF RIGHTS.—With respect to each 
wilderness area designated by this Act, Congress hereby 
reserves a quantity of water sufficient to fulfill the pur-
poses of this Act. The priority date of such reserved rights 
shall be the date of enactment of this Act. 
(b) PROTECTION OF RIGHTS.—The Secretary and all 
other officers of the United States shall take steps nec-
essary to protect the rights reserved by subsection (a), in-
cluding the filing by the Secretary of a claim for the quan-
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tification of such rights in any present or future appro-
priate stream adjudication in the courts of the State in 
which the United States is or may be joined and which 
is conducted in accordance with the McCarran Amend-
ment (43 U.S.C. 666). 
(c) NO RELINQUISHMENT OR REDUCTION.—Nothing 
in this section shall be construed as a relinquishment or 
reduction of any water rights reserved or appropriated by 
the United States in the State on or before the date of 
enactment of this Act. 
(d) RESERVATION
FOR SPECIFIC WILDERNESS.— 
The Federal water rights reserved by this section are spe-
cific to the wilderness located in the State designated by 
this Act. Nothing in this section related to reserved Fed-
eral water rights shall be construed as establishing a 
precedent with regard to any future designations, nor shall 
it constitute an interpretation of any other Act or any des-
ignation made pursuant thereto. 
Æ 
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