Nevada Wilderness Protection Act of 1989
PL 101-195 (S.974), enacted 12/05/1989

103 STAT. 1784 
PUBLIC LAW 101-195—DEC. 5, 1989 
Public Law 101-195 
101st Congress 
An Act 
Dec. 5, 1989 
To designate certain lands in the State of Nevada as wilderness, and for other 
[S. 974] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Nevada 
United States of America in Congress assembled, 
Wilderness 
Protection Act of 
SECTION 1. SHORT TITLE. 
1989 
^ 
Conservation 
This Act may be cited as the "Nevada Wilderness Protection Act 
of 1989". 
National 
SEC. 2. DESIGNATION OF WILDERNESS AREAS. 
Preservation 
I^i furtherance of the purposes of the Wilderness Act (16 U.S.C. 
System. 
1131-1136), the following lands in the State of Nevada are des-
16 use 1132 
ignated as wilderness, and, therefore, as components of the National 
^ 
Wilderness Preservation System: 
(1) certain lands in the Toiyabe National Forest, which com-
prise approximately 38,000 acres, as generally depicted on a 
map entitled "Alta Toquima Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "Alta Toquima 
Wilderness"; 
(2) certain lands in the Toiyabe National Forest, which com-
prise approximately 115,000 acres, as generally depicted on a 
map entitled "Arc Dome Wilderness—Proposed", dated May, 
1989, and which shall be known as the "Arc Dome Wilderness '; 
(3) certain lands in the Inyo National Forest, which comprise 
approximately 10,000 acres, as generally depicted on a map 
entitled "Boundary Peak Wilderness—Proposed", dated May, 
1989, and which shall be known as the "Boundary Peak Wilder-
ness"; 
(4) certain lands in the Humboldt National Forest, which 
comprise approximately 36,000 acres, as generally depicted on a 
map entitled "Currant Mountain Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "Currant Mountain 
Wilderness"; 
(5) certain lands in the Humboldt National Forest, which 
comprise approximately 36,900 acres, as generally depicted on a 
map entitled "East Humboldts Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "East Humboldts 
Wilderness"; 
(6) certain lands in the Humboldt National Forest, which 
comprise approximately 48,500 acres, as generally depicted on a 
map entitled "Jarbidge Wilderness Addition—Proposed", dated 
May, 1989, and which are hereby incorporated in, and shall be 
deemed to be a part of, the Jarbidge Wilderness as designated 
by section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)); 
(7) certain lands in the Toiyabe National Forest, which com-
prise approximately 28,000 acres, as generally depicted on a 
map entitled "Mt. Rose Wilderness—Proposed', dated October, 
1989, and which shall be known as the "Mt. Rose Wilderness"; 
PUBLIC LAW 101-195—DEC. 5, 1989 
103 STAT. 1785 
(8) certain lands in the Humboldt National Forest, which 
comprise approximately 27,000 acres, as generally depicted on a 
map entitled "Quinn Canyon Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "Quinn Canyon 
Wilderness"; 
(9) certain lands in the Humboldt National Forest, which 
comprise approximately 90,000 acres, as generally depicted on a 
map entitled "Ruby Mountains Wilderness—Proposed", dated 
September, 1989, and which shall be known as the "Ruby 
Mountains Wilderness"; 
(10) certain lands in the Toiyabe National Forest, which 
comprise approximately 43,000 acres, as generally depicted on a 
map entitled "Mt. Charleston Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "Mt. Charleston 
Wilderness"; 
(11) certain lands in the Toiyabe National Forest, which 
comprise approximately 98,000 acres, as generally depicted on a 
map entitled "Table Mountain Wilderness—Proposed", dated 
May, 1989, and which shall be known as the "Table Mountain 
Wilderness"; 
(12) certain lands in the Humboldt National Forest, which 
comprise approximately 50,000 acres, as generally depicted on a 
map entitled "Grant Range Wilderness—Proposed", dated May, 
1989, and which shall be known as the "Grant Range Wilder-
ness"; 
(13) certain lands in the Humboldt National Forest, which 
comprise approximately 82,000 acres, as generally depicted on a 
map entitled "Mt. Moriah Wilderness—Proposed", dated May, 
1989, and which shall be known as the "Mt. Moriah Wilder-
ness"; and 
(14) certain lands in the Humboldt National Forest, which 
comprise approximately 31,000 acres, as generally depicted on a 
map entitled "Santa Rosa Wilderness—Proposed", dated May, 
1989, and which shall be known as the "Santa Rosa-Paradise 
Peak Wilderness". 
SEC. .3. MAPS AND DESCRIPTIONS. 
As soon as practicable after enactment of this Act, the Secretary 
of Agriculture shall file a map and a legal description of each 
wilderness area designated by this Act with the (IJommittee on 
Interior and Insular Affairs of the House of Representatives and 
with the Committee on Energy and Natural Resources of the Senate. 
Each such map and description shall have the same force and effect 
as if included in this Act, except that correction of clerical errors in 
each such map and description may be made by the Secretary. Each Public 
such map and description shall be on file and available for public information, 
inspection in the Office of the Chief of the Forest Service, Depart-
ment of Agriculture. 
SEC. I. ADMINISTRATION OF WILDERNESS. 
Subject to valid existing rights, each wilderness area designated 
by this Act shall be administered by the Secretary of Agriculture in 
accordance with the provisions of the Wilderness Act governing 
areas designated by the Wilderness Act as wilderness, except that 
any reference in such provisions to the effective date of the Wilder-
ness Act shall be deemed to be a reference to the date of enactment 
of this Act. 
103 STAT. 1786 
PUBLIC LAW 101-195—DEC. 5, 1989 
Highways. 
SEC. 5. WILDERNESS REVIEW CONCERNS. 
(a) FINDINGS.—The Congress finds that— 
(1) the Department of Agriculture has completed the second 
roadless area review and evaluation program (RARE II); and 
(2) the Congress has made its own review and examination of 
National Forest System roadless areas in the State of Nevada 
and of the environmental impacts associated with alternative 
allocations of such areas. 
(b) DETERMINATION.—On the basis of such review, the Congress 
hereby determines and directs that— 
(1) without passing on the question of the legal and factual 
sufficiency of the RARE II final environmental statement 
(dated January 1979) with respect to National Forest System 
lands in the State of Nevada, such statement shall not be 
subject to judicial review with respect to National Forest 
System lands in the State of Nevada; 
(2) with respect to— 
(A) the National Forest System lands in the State of 
Nevada that were reviewed by the Department of Agri-
culture in the second roadless area review and evaluations 
(RARE II); and 
(B) the lands described in subsection (d), 
that review and evaluation or reference shall be deemed for the 
purposes of the initial land management plans required for such 
lands by section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604) to be an ade-
quate consideration of the suitability of such lands for inclusion 
in the National Wilderness Preservation System, and the 
Department of Agriculture shall not be required to review the 
wilderness option prior to the revisions of the plans, but shall 
review the wilderness option when the plans are revised, which 
revisions will ordinarily occur on a 10-year cycle, or at least 
every 15 years, unless, prior to such time, the Secretary of 
Agriculture finds that conditions in a unit have significantly 
changed; 
(3) areas in the State of Nevada reviewed in such final 
environmental statement or referenced in subsection (d) and not 
designated as wilderness in section 2 shall be managed for 
multiple use in accordance with land management plans pursu-
ant to section 6 of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1604): Provided, That 
such areas need not be managed for the purpose of protecting 
5
.
1 
their suitability for wilderness designation prior to or during 
revision of the initial land management plans; 
(4) in the event that revised land management plans in the 
State of Nevada are implemented pursuant to section 6 of the 
Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604) and other applicable law, areas not rec-
ommended for wilderness designation need not be managed for 
the purpose of protecting their suitability for wilderness des-
ignation prior to or during revision of such plans, and areas 
recommended for wilderness designation shall be managed for 
the purposes of protecting their suitability for wilderness des-
ignation as may be required by the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600-
1614) and other applicable law; and 
PUBLIC LAW 101-195—DEC. 5, 1989 
103 STAT. 1787 
(5) unless expressly authorized by Congress, the Department 
of Agriculture shall not conduct any further statewide roadless 
area review and evaluation of National Forest System lands in 
the State of Nevada for the purpose of determining their suit-
ability for inclusion in the National Wilderness Preservation 
System. 
(c) REVISIONS.—As used in this section, and as provided in section 
6 of the Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604), the term "revision" shall not include an 
"amendment" to a plan. 
(d) APPLICATION OF SECTION.—Lands identified by reference to this 
subsection are— 
(1) National Forest System roadless lands in the State of 
Nevada of less than 5,000 acres; and 
(2) Those National Forest System roadless areas, or portions 
thereof in the State of Nevada, identified in the unit plans listed 
below, which are not designated as wilderness in section 2: 
National Forest 
Unit plan 
Humboldt 
Santa Rosa 
Humboldt 
Ruby Mt./E. Humboldt 
Toiyabe 
Mt. Charleston 
Toiyabe 
Central Nevada 
SEC. 6. GRAZING IN WILDERNESS AREAS. 
(a) LIVESTOCK GRAZING.—Grazing of livestock in wilderness areas 
designated in section 2 that was established prior to the date of 
enactment of this Act shall be administered in accordance with 
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 
108 of the Act entitled "An Act to designate certain National Forest 
System lands in the States of Colorado, South Dakota, Missouri, 
South Carolina, and Louisiana for inclusion in the National Wilder-
ness Preservation System, and for other purposes (16 U.S.C. 1133 
note). 
(b) REVIEW.—The Secretary of Agriculture is directed to review all 
policies, practices, and regulations of the Department of Agriculture 
regarding livestock grazing in National Forest Wilderness areas in 
Nevada in order to insure that such policies, practices, and regula-
tions fully conform with and implement the intent of Congress 
regarding grazing in such areas, as such intent is expressed in this 
Act. 
(c) REPORTS.—Not later than 1 year after the enactment of this 
Act, and at least every 5 years thereafter, the Secretary of Agri-
culture shall submit to the Committee on Interior and Insular 
Affairs of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report detailing the 
progress made by the Forest Service in carrying out the provisions 
of subsections (a) and (b). 
SEC. 7. PROHIBITION O
P
^ BUFFER ZONES. 
Congress does not intend that the designation of wilderness areas 
in the State of Nevada implies the creation of protective perimeters 
103 STAT. 1788 
PUBLIC LAW 101-195—DEC. 5, 1989 
Claims. 
Flood control. 
Water. 
or buffer zones around each wilderness area. The fact that 
nonwilderness activities or uses can be seen or heard from within a 
wilderness area shall not, of itself, preclude such activities or uses 
up to the boundary of the wilderness area. 
SEC. 8. WATER ALLOCATION AUTHORITY. 
(a) Within the wilderness areas designated by this Act, there is 
hereby reserved a quantity of water sufficient to fulfill the purposes 
of the wilderness areas created by this Act. 
(b) The priority date of the water rights reserved in paragraph (a) 
shall be the date of enactment of this Act. 
(c) The Secretary shall file a claim for the quantification of the 
water rights reserved in paragraph (a) in an appropriate stream 
adjudication and shall take all steps necessary to protect such rights 
in such an adjudication. 
(d) The Federal water rights reserved by this Act shall be in 
addition to any water rights which may have been previously re-
served or obtained by the United States for other than wilderness 
purposes. 
(e) The Federal water rights reserved by this Act are specific to 
the wilderness areas located in the State of Nevada designated by 
this Act. Nothing in this Act, nor in any legislative history accom-
panying this Act related to reserved Federal 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 designation made pursuant thereto. 
SEC. 9. STATE FISH AND WILDLIFE AUTHORITY. 
As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 
1133(d)(7)), nothing in this Act shall be construed as affecting the 
jurisdiction or responsibilities of the State of Nevada with respect to 
wildlife and fish in the national forests in Nevada. 
SEC. 10. CLIMATOLOGICAL DATA COLLECTION. 
Subject to such reasonable terms and conditions as the Secretary 
may prescribe, nothing in this Act or the Wilderness Act shall be 
construed to prevent, where appropriate, the installation and 
maintenance of hydrologic, meteorologic, or climatological collection 
devices within the wilderness areas or additions thereto designated 
by this Act, where such facilities and access thereto are essential to 
flood warning, flood control and water reservoir operation purposes. 
PUBLIC LAW 101-195—DEC. 5, 1989 
103 STAT. 1789 
SEC. 11. LOW ALTITUDE FLIGHT ACTIVITIES. 
Nothing in this Act shall preclude low level overflights of military 
aircraft, the designation of new units of special airspace, or the use 
or establishment of military flight training routes over the Alta 
Toquima, Arc Dome, Currant Mountain or Table Mountain Wilder-
ness areas. 
Approved December 5, 1989. 
LEGISLATIVE HISTORY—S. 974: 
HOUSE REPORTS: No. 101-339, Pt. 1 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-113 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Sept. 20, considered and passed Senate. 
Nov. 16, 17, considered and passed House, amended. 
Nov. 20, Senate concurred in House amendments with an amendment. 
Nov. 21, House concurred in Senate amendment.